《淮南子》法律思想探究
发布时间：2018-11-18 16:34
【摘要】：《淮南子》一书的思想,正如其题“鸿烈”所述的那样广博丰富。其篇体清晰,各有立意；其内容驳杂,宏观上几近囊括哲学、政治法律、天文、文学等各领域,微观上大有融合道、法、儒、墨、阴阳等多家思想之势。各种思想间看似独立,实则互有联系。故论其法律思想,亦不可离其哲学、政治、乃至天文等方面的思想。 文章结合其政治治国思想来析述其法律思想,将“法律思想”界定在“道”,即哲学思想和治国策略的层面。从“黄老思想”那寻找《淮南子》“道”的源头,也就是它的法律思想的哲学依据,结合《吕氏春秋》来看它的思想架构；并从罪的产生来探讨法的必要性和作用,亦从它对儒家“教化”和法家“刑罚”的取舍来论述他关于如何执行法律的思想,同时还挖掘了它的守法思想。在探究其上述法律思想的内容的基础上,文章进一步分析了《淮南子》法律思想的特点,并往上联系《吕氏春秋》、往下结合《春秋繁露》来探讨了它的意义和作用。 总言《淮南子》的法律思想,则其源也深、其体亦究。言道不离黄老,言治不嫌儒法,它的法律思想正是这样一种在朴素辩证观中形成的兼含并包的治国指导思想。溯之以上,《淮南子》承袭里《吕氏春秋》的体系；续之往下,它也对汉代正统法律思想产生了一定影响；放置当下,按理它早已成为文学史料的一部分,不再是治道策言,也不可能成为国家治理的指导思想,但它关于法律思想的一些认识,也不是不能再放在施行法治上进行思考,毕竟,经典的思想是不会因为历史的流转而黯然的。
[Abstract]:The thought of Huainan Zi is as broad and rich as its title Honglie. Its content is complex, including philosophy, politics and law, astronomy, literature and so on, and has the tendency of merging Tao, law, Confucianism, ink, yin and yang. All kinds of ideas seem to be independent, but in fact they are related to each other. Therefore, its legal thought can not be divorced from its philosophy, politics, and even astronomy. Based on his political thoughts, this paper analyzes his legal thought and defines it as "Tao", that is, the level of philosophy thought and the strategy of governing the country. Looking for the source of "Tao" of "Huainan Zi", which is the philosophical basis of its legal thought, and combining "Lu's Spring and Autumn", to see the ideological structure of Huang-Lao thought; It also discusses the necessity and function of law from the appearance of crime, and discusses his thoughts on how to execute the law from the perspective of Confucian "enlightenment" and "punishment" of legalists, and also excavates its thought of abiding by the law. On the basis of probing into the contents of the above mentioned legal thought, the article further analyzes the characteristics of the legal thought of Huainan Zi, and contacts the Lu's Spring and Autumn period up, and discusses its significance and function with the combination of the Spring and Autumn Propagation and the Propagation of the Spring and Autumn period. The legal thought of Huainan Zi, then its source is also deep, its body also investigates. Its legal thought is just such a guiding ideology of governing the country, which is formed in the simple dialectical view. "Huainan Zi" inherits the system of "Lu's Spring and Autumn period", and it also has a certain influence on the orthodox legal thought of the Han Dynasty. By now, it has become a part of the history of literature. It is no longer a policy of governance, nor can it become the guiding ideology of national governance. However, its understanding of legal thought is not that it can no longer be put into practice on the basis of the rule of law. After all, classic ideas are not overshadowed by the flow of history.
【学位授予单位】：青岛大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D909.2
本文编号：2340544
[Abstract]:The thought of Huainan Zi is as broad and rich as its title Honglie. Its content is complex, including philosophy, politics and law, astronomy, literature and so on, and has the tendency of merging Tao, law, Confucianism, ink, yin and yang. All kinds of ideas seem to be independent, but in fact they are related to each other. Therefore, its legal thought can not be divorced from its philosophy, politics, and even astronomy. Based on his political thoughts, this paper analyzes his legal thought and defines it as "Tao", that is, the level of philosophy thought and the strategy of governing the country. Looking for the source of "Tao" of "Huainan Zi", which is the philosophical basis of its legal thought, and combining "Lu's Spring and Autumn", to see the ideological structure of Huang-Lao thought; It also discusses the necessity and function of law from the appearance of crime, and discusses his thoughts on how to execute the law from the perspective of Confucian "enlightenment" and "punishment" of legalists, and also excavates its thought of abiding by the law. On the basis of probing into the contents of the above mentioned legal thought, the article further analyzes the characteristics of the legal thought of Huainan Zi, and contacts the Lu's Spring and Autumn period up, and discusses its significance and function with the combination of the Spring and Autumn Propagation and the Propagation of the Spring and Autumn period. The legal thought of Huainan Zi, then its source is also deep, its body also investigates. Its legal thought is just such a guiding ideology of governing the country, which is formed in the simple dialectical view. "Huainan Zi" inherits the system of "Lu's Spring and Autumn period", and it also has a certain influence on the orthodox legal thought of the Han Dynasty. By now, it has become a part of the history of literature. It is no longer a policy of governance, nor can it become the guiding ideology of national governance. However, its understanding of legal thought is not that it can no longer be put into practice on the basis of the rule of law. After all, classic ideas are not overshadowed by the flow of history.
【学位授予单位】：青岛大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D909.2
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