《黄帝李法》与秦汉军事国家
发布时间：2018-08-05 13:41
【摘要】：汉初确立王朝政制,其中韩信申军法的实质是将先秦兵书整理成为汉军法。武帝时胡建所引用的《黄帝李法》佚文"壁垒已具"一则即汉军法中所包含的先秦兵书。此则关于军事壁垒的佚文见于托名黄帝的兵书之中,合于先秦传说以黄帝开始战争,立君建国,以军事垒舍为国家都邑。此则佚文对于壁垒已具后的苛细规定,既符合"黄帝型政论",也符合汉武帝时律令趋于苛细的规定。由是可知,作为《黄帝李法》佚文思想背景的是法家思想。法家国家起源论认为以战止战、立君建国,这本身就是莫大功德,并由此形成一新的国家类型:军事国家。与周礼—儒学认为当以仁爱建国、立君当顺应民心不同,法家军事国家论认为:国家是由军事暴力建立;立君建国不必顾及民意;君主是绝对的,无论基于任何理由都不可推翻。法家认为军事国家是人类有史以来最为优越的制度,臻于历史的终结。军事国家不必爱民,对于反抗者必须立即无情镇压,其极致是连说有人造反都有罪。由此,国家成为一家一姓之私产,此军事国家之君主,便不再勤劳天下、心系万民,而是以天下适一己之私欲。秦汉制度,也正是《黄帝李法》"壁垒"佚文所暗含的以军事暴力奠立国家之观念的实现。在此意义上,《黄帝李法》受到重视,甚至编入军法成为现行法律,是合情合理的。
[Abstract]:In the early Han Dynasty, the constitution of the dynasty was established, and the essence of Han Xin's military law was to arrange the military books of the pre-Qin Dynasty into the law of the Han army. Hu Jian's lost essay, "Barrier", which was quoted by Hu Jian in Wu Di's time, is a book of soldiers of the Pre-Qin Dynasty contained in the law of the Han Dynasty and the army. This article about the military barrier is found in the military books of the Emperor Huang, which is in accordance with the legend of the Pre-Qin Dynasty that the Yellow Emperor began the war, established a monarch, and established a military base as the capital of the country. This article not only accords with the "Huangdi political theory", but also accords with the stipulation that the law of Emperor Wu of the Han Dynasty tends to be strict. Therefore, as the thought background of the lost writings of the Yellow Emperor Li Fa, the Legalist thought. The theory of the origin of the French states holds that the establishment of the monarch by war and the founding of the monarch is itself a great merit, and thus forms a new type of country: military state. Unlike Zhou Li-Confucianism, who believed that a state should be founded by benevolence, and that a monarch should conform to the people's feelings, the Legalist military state theory held that the state was founded by military violence; that the monarch did not have to take public opinion into account; and that the monarch was absolute. For any reason can not be overturned. The Legalists believe that the military state is the most superior system ever, reaching the end of history. The military state does not have to love the people, it must immediately and ruthlessly suppress the rebels, and, to the extreme, even those who rebel are guilty. As a result, the country became a family, a surname of the private property, this military monarch, no longer industrious, the heart of the people, but the world fit for their own private desire. The system of Qin and Han Dynasty is also the realization of the concept of establishing a nation with military violence, which is implied in the lost writings of the Yellow Emperor Li Law. In this sense, it is reasonable and reasonable to attach importance to the Li Law of the Yellow Emperor and even codify it into the current law.
【作者单位】： 厦门大学人文学院哲学系;
【基金】：国家社会科学基金重大项目“黄老道家思想史”(16ZDA106)
【分类号】：E291;K232
，
本文编号：2165966
[Abstract]:In the early Han Dynasty, the constitution of the dynasty was established, and the essence of Han Xin's military law was to arrange the military books of the pre-Qin Dynasty into the law of the Han army. Hu Jian's lost essay, "Barrier", which was quoted by Hu Jian in Wu Di's time, is a book of soldiers of the Pre-Qin Dynasty contained in the law of the Han Dynasty and the army. This article about the military barrier is found in the military books of the Emperor Huang, which is in accordance with the legend of the Pre-Qin Dynasty that the Yellow Emperor began the war, established a monarch, and established a military base as the capital of the country. This article not only accords with the "Huangdi political theory", but also accords with the stipulation that the law of Emperor Wu of the Han Dynasty tends to be strict. Therefore, as the thought background of the lost writings of the Yellow Emperor Li Fa, the Legalist thought. The theory of the origin of the French states holds that the establishment of the monarch by war and the founding of the monarch is itself a great merit, and thus forms a new type of country: military state. Unlike Zhou Li-Confucianism, who believed that a state should be founded by benevolence, and that a monarch should conform to the people's feelings, the Legalist military state theory held that the state was founded by military violence; that the monarch did not have to take public opinion into account; and that the monarch was absolute. For any reason can not be overturned. The Legalists believe that the military state is the most superior system ever, reaching the end of history. The military state does not have to love the people, it must immediately and ruthlessly suppress the rebels, and, to the extreme, even those who rebel are guilty. As a result, the country became a family, a surname of the private property, this military monarch, no longer industrious, the heart of the people, but the world fit for their own private desire. The system of Qin and Han Dynasty is also the realization of the concept of establishing a nation with military violence, which is implied in the lost writings of the Yellow Emperor Li Law. In this sense, it is reasonable and reasonable to attach importance to the Li Law of the Yellow Emperor and even codify it into the current law.
【作者单位】： 厦门大学人文学院哲学系;
【基金】：国家社会科学基金重大项目“黄老道家思想史”(16ZDA106)
【分类号】：E291;K232
，
本文编号：2165966
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