“礼不下庶人刑不上大夫”辨正

发布时间：2018-05-27 21:28

本文选题：礼不下庶人 + 刑不上大夫　；参考：《学术交流》2012年02期

【摘要】："礼不下庶人刑不上大夫"不连读,两者涉及两种不同的仪礼。因为庶人无庙,故其君、上轼庙时不必下车回避,此即"礼不下庶人"。君使臣以礼,会见大臣当以礼意而非刑意,故"刑人不在君侧"。自贾谊在《新书.阶级》中以"礼不及庶人,刑不至大夫"对之加以阐释后,所引起的争论迄今未决。在承认"礼不及庶人,刑不至大夫"的前提下,通过对"礼"、"刑"的外延加以限制,将之修订为"某些或某种礼不及庶人,某些或某种刑不至大夫",这种说法在逻辑上是不通的;而据此否认"礼不下庶人,刑不上大夫"是真实存在过的制度,其观点虽有可取,但仍然存在前提性错误;"刑无等级"比"礼有等级"更专制。
[Abstract]:There are two different rituals involved in the two kinds of rites. Because the common people have no temple, so their monarch, Shangshi Temple need not get off to avoid, that is, "courtesy is not below the common people." The courtiers were courteous, and they met with the ministers with courtesy rather than punishment, so the punishment was not on the side of the monarch. Since Jia Yi in the new book. After the explanation of "courtesy is not less than that of common man, punishment is not even doctor", the controversy caused by class is still unresolved. In recognition of the premise that "courtesy is not less than that of a common man, punishment is not a doctor", the extension of "propriety" and "punishment" is restricted and amended to read "some or some form of courtesy is inferior to the common man," It is logically unreasonable to say that some or some form of punishment is not a doctor, and to deny that it is a real system, though it is desirable, is to deny that "not to be courteous to the common man, not to punish the doctor" is a system that exists. But there is still a prelude error; "punishment without rank" is more autocratic than "ritual with rank".
【作者单位】：黑龙江大学法学院法学博士后流动站;黑龙江大学民商法学研究基地哲学博士后流动站;
【基金】：黑龙江省哲学社会科学研究规划项目(08C046)阶段性成果之一
【分类号】：D909.2

【共引文献】