齐法家的建构与反思

The Construction and Reflection of Legalism of Qi

“齐法家”是近现代学者建构起来的概念。学界主要提出了《管子》为齐法家说、《管子》中法家为齐法家说、稷下黄老为齐法家说。其中,第二种说法最为合理。即便如此,三种说法也均存在“法家”概念模糊的问题。若正本清源,“法家”是指主张以法令为主要治国手段的学术群体。《管子》中的法家是“齐法家”,具体对应《八观》《法禁》等十五篇文章。在厘清齐法家概念、篇目和重新审视晋法家的基础上,可知学界关于齐法家温和而晋法家极端的判断--齐法家重视工商业而晋法家抑制工商业,齐法家重视礼而晋法家排斥礼,齐法家重视道德而晋法家不讲道德--或难以成立。齐法家、晋法家相对而言,是否具备学派特征而构成法家两大子学派,值得进一步探讨。

The concept“Legalism of Qi”was constructed by modern scholars,where several theories were put forward,such as the writing of Guanzi representing Legalism of Qi,Legalism in Guanzi being Legalism of Qi,and the Huang-Lao School in Jixia being Legalism of Qi,in which the second one is the most reasonable.Even so,there exists ambiguity in the concept of legalism in those statements.From the source,Legalism refers to a group of scholars who advocate decree as main means of governance.Legalism in Guanzi is Legalism of Qi,which corresponds to 15 essays such as“Eight Views”and“Legal Prohibition”.On the basis of clarifying the concept and works of Legalism of Qi,and re-understanding Legalism of Jin,it can be seen that such judgments as the former was moderate while the latter was extreme,the former valued commerce and industry while the latter suppressed commerce and industry,the former valued rites while the latter opposed rites,or the former valued morality while the latter rejected morality,should be questioned.Whether the two own characteristics to be considered as a school,or whether they really constitute two branches of Legalism,deserves further discussion.