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汉魏之际法家思想研究

On the Legalism between the Late Dong Han Dynasty and Wei Dynasty

【作者】 徐芬

【导师】 赵国华;

【作者基本信息】 华中师范大学 , 中国古代史, 2005, 硕士

【摘要】 本文主要讨论汉魏之际的法家思想。全文分为五个部分。绪论部分简要阐明了选题动机,并进一步回顾、总结了学术前史。第二部分则主要分析了汉魏之际法家思想和主张兴起的背景。自东汉后期起,出现了各种政治和社会问题,尤其是社会秩序的破坏。针对这种局面,崔寔等人提出“参以霸政”的主张,旨在通过严刑峻法来重建国家对社会的控制。与此同时,汉末分裂割据的现实使统治者降低了自己的政治理想,“王政”观念让位于“霸政”观念,“霸业从权”理论使得鼎立之时魏、蜀、吴三国在治道上都奉行法家严刑实用路线。第三部分集中分析在法家思想指导下为重建政治社会秩序而展开的各种尝试,包括选择刑法和武力等强制性手段、方式治国,主张“远天道尽人事”,加强君权和规正君主。在社会完全失序的状态下,刑法和武力的有效性和合理性得到认可;为了重新建立社会政治秩序,人们都能比较切实地考虑和解决现实问题,摒弃虚浮,重视实用性。惩于汉末君权衰弱的情况,鼎立之时加强君权的意识自然兴起,并在对汉末君权的反省中生发出规正君主的主张。第四部分主要探讨了儒法两家在治国思想上的融合和冲突状况。对现实的关注使得儒法两家达成基本的一致,儒家在应付混乱的形势上捉襟见肘,不得不在现实面前暂时向法家妥协,认可法家政策的有效性。但当这种妥协的前提情况得到缓解后,两者之间的紧张冲突就很容易表现出来。第五部分为结论部分,对全文简要作结。

【Abstract】 This thesis is mainly about the Legalism between the late of Dong Han Dynasty and Wei Dynasty. It includes five parts. In the first part I introduce why I choose this topic in brief, and give a short description about the achievements of the topic got by the others before. In the second part I give an analysis on the background of the occurrence of the Legalism. From the late of Dong Han Dynasty, there were a lot of social problems, and the social orders were seriously destroyed. To settle the problems, CuiShi provided the policy "using ’Bazheng’ (the high-handed government) as well as", which confirmed the efficiency of the stern way to maintain and reestablish the orders. At the same time, under the press of the present situation the rulers changed their political idea from "Wangzheng" (the benevolent government) to "Bazheng". That is to say, during the time of Sanguodingli (three states confronted each other) the political line of the Legalism got the dominant position. In the third part I pay more attention to the content of the policy raised by the legalists. They came to a conclusion to the use of force and the stern methods in the control of the state. They abandoned the impractical ideas and dedicated themselves to the reality and hold the view to strengthen the power of the emperor, and put forward a proposal to the emperor, which would benefit to the emperor to employ his power right. In the forth part I discuss the relation between the Legalism and the Confucianism. Between the late of Dong Han Dynasty and Wei Dynasty, following with their interests in the social problems they accorded themselves with each other. The Confucians could not take effective measures to deal with the problems, so they had to give way to the legalists in the short time. When the present situation changed well, the relation between them became rather strain again, and the Confucians started to criticize severely the legalist that they treated the subjects with the firm hands and without any humanism. In the last part I summarize the main content of the thesis in short.

  • 【分类号】K234
  • 【被引频次】5
  • 【下载频次】519
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