商鞅法哲学研究

法家学派在时间上有前期、后期之分,在地域上有齐法家和三晋法家之分。商鞅是前期法家名代表人物,其法学理论典型地体现于社会终极理想之中。他认为人类社会的历史可以划分为两大阶段：首先是法治化社会,以法治国,在社会高度法治化基础之上,人类有望进入其理想化阶段——道德自律社会。法的力量由中心退居边缘,伦理道德价值体系开始由边缘走向中心,道德价值体系成为人类社会最高原则。从“法治”到“德治”,这是商鞅法学理论的逻辑过程,也是商鞅法学理论的全部内涵。

A Study of Shang Yang's Law Philosophy

The legalist school can be sorted into the former group and the later group in time, and geographically into the Qi and San Jin Schools. Shang Yang was a well--known remarkable representative of the former group and his theory about law is strikely reflected by his social ideal. He thought mankind history can be put into two phases, the first phase would be a legal society, in which governing people by law and severely equal punishing all crimes. On the basis of such a highly legalized society, men would walk into a moralized society, his dreamful phase. In this phase, the influences of law would retreat marginally in society and the system of morality and values would come to the centre of society and become the cardinal principle of human society. From "governance by law" to "governance by morality" is the logical sequence of Shang Yang's theory about law.