《黃帝李法》與秦漢軍事國(guó)家
發(fā)布時(shí)間：2018-08-05 13:41
【摘要】：漢初確立王朝政制,其中韓信申軍法的實(shí)質(zhì)是將先秦兵書(shū)整理成為漢軍法。武帝時(shí)胡建所引用的《黃帝李法》佚文"壁壘已具"一則即漢軍法中所包含的先秦兵書(shū)。此則關(guān)于軍事壁壘的佚文見(jiàn)于托名黃帝的兵書(shū)之中,合于先秦傳說(shuō)以黃帝開(kāi)始戰(zhàn)爭(zhēng),立君建國(guó),以軍事壘舍為國(guó)家都邑。此則佚文對(duì)于壁壘已具后的苛細(xì)規(guī)定,既符合"黃帝型政論",也符合漢武帝時(shí)律令趨于苛細(xì)的規(guī)定。由是可知,作為《黃帝李法》佚文思想背景的是法家思想。法家國(guó)家起源論認(rèn)為以戰(zhàn)止戰(zhàn)、立君建國(guó),這本身就是莫大功德,并由此形成一新的國(guó)家類型:軍事國(guó)家。與周禮—儒學(xué)認(rèn)為當(dāng)以仁愛(ài)建國(guó)、立君當(dāng)順應(yīng)民心不同,法家軍事國(guó)家論認(rèn)為:國(guó)家是由軍事暴力建立;立君建國(guó)不必顧及民意;君主是絕對(duì)的,無(wú)論基于任何理由都不可推翻。法家認(rèn)為軍事國(guó)家是人類有史以來(lái)最為優(yōu)越的制度,臻于歷史的終結(jié)。軍事國(guó)家不必愛(ài)民,對(duì)于反抗者必須立即無(wú)情鎮(zhèn)壓,其極致是連說(shuō)有人造反都有罪。由此,國(guó)家成為一家一姓之私產(chǎn),此軍事國(guó)家之君主,便不再勤勞天下、心系萬(wàn)民,而是以天下適一己之私欲。秦漢制度,也正是《黃帝李法》"壁壘"佚文所暗含的以軍事暴力奠立國(guó)家之觀念的實(shí)現(xiàn)。在此意義上,《黃帝李法》受到重視,甚至編入軍法成為現(xiàn)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.
【作者單位】： 廈門(mén)大學(xué)人文學(xué)院哲學(xué)系;
【基金】：國(guó)家社會(huì)科學(xué)基金重大項(xiàng)目“黃老道家思想史”(16ZDA106)
【分類號(hào)】：E291;K232
，
本文編號(hào)：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.
【作者單位】： 廈門(mén)大學(xué)人文學(xué)院哲學(xué)系;
【基金】：國(guó)家社會(huì)科學(xué)基金重大項(xiàng)目“黃老道家思想史”(16ZDA106)
【分類號(hào)】：E291;K232
，
本文編號(hào)：2165966
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