先秦法家的忠德观及儒法忠德观的异同——以战国时期三晋法家为例

Differences and Similarities Between Confucianism and Legalists on Loyalty and Virtue in Pre-Qin Dynasty--Take the Three Jin Legalists in the Warring States Period as an Example

法家作为政治思想流派,主要出现在战国时代的诸子百家争鸣时期。在战国时期的法家代表人物中,相当多的法家思想家都与韩、赵、魏“三晋”有着深远的关系。他们或是出生于“三晋”,或曾经活跃于“三晋”的政治舞台上。法家不仅重视法、术、势,而且对政治道德也给予极大的关注,特别注重高扬忠德。与儒家广义的忠德观不同,法家的忠德观相对狭义,主要集中在忠君这一点上。通过对三晋法家代表人物忠德观的分析不难发现,法家忠德观的理论依据是建立在自私人性论基础上的,其政治定位主要奠基于君尊臣卑的君臣关系上,至于其核心内涵则完全集中在臣子对君主的绝对、片面的忠顺上。概言之,以三晋法家为代表的先秦法家学派对忠德的界定和阐扬主要集中在臣子忠君上,其根本还是服务且服从于君主以法、术、势来治国理政。因为是建立在维护君主专制这一目的之上,因此,法家的忠德观主要体现为忠君道德,且缺乏先秦儒家忠君道德那种双向性,而表现为绝对化的、单向度的忠君。

Legalism,as a school of political thought,mainly appeared in the Warring States period.Among the legalist representatives in the Warring States period,quite a number of legalists had a close relationship with the three states divided from Jin,namely,Han,Zhao and Wei because they were either born or were once active in the political stage here.Legalists not only attached importance to law,strategy and potential,but to political morality,especially to the elevation of loyalty and virtue.Different from the Confucian concept of loyalty in a broad sense,the legalist concept of loyalty in a relatively narrow sense mainly focused on the loyalty to the emperor.Through the analysis of the loyalty and virtue concept of the representatives of the Legalists of the three states,it is not difficult to find that the theoretical basis of the loyalty and virtue concept of the legalists was based on the assumption that humans by nature were selfish and political orientation that the monarch was superior to the subjects,and its core connotation was entirely concentrated on the absolute and one-sided loyalty of the subjects to the monarch.In a word,the pre-Qin legalists represented by the three Jin legalists mainly focused on the loyalty of the subjects to the monarch,which was basically to serve and obey the monarch to govern the country by law,strategy and potential.Because it was based on the purpose of maintaining the autocracy of the monarchy,the concept of loyalty of Legalists was mainly reflected in the morality of loyalty to the monarch,and it lacked the two-way nature of the Confucian morality of loyalty to the monarch in the pre-Qin Dynasty,manifested as an absolute and one-way loyalty to the monarch.