论周公旦对夏商神权法思想的改进

发布时间：2018-11-18 16:38

【摘要】：从中国法律思想史的起源考证,最初确立的法律思想是神权法。夏朝的奴隶主贵族为了使自己的统治合法化,利用宗教迷信和鬼神观念,极力宣称自己是神和上天在人间的代理人,接受"天命"来统治人间,对不服从其统治者施行"天罚";神权法思想在商朝盛极一时,商朝奴隶主对至上神和上帝的崇拜达到了无以复加的地步。但神权法思想到了西周,却面临思想内容自身难以克服的矛盾,根据统治者维护其长期统治的需要,周公旦提出"以德配天"、"敬德保民"、"明德慎罚"对夏商神权法思想进行了修正、补充和发展,不仅弱化了神权法思想,而且成为统治中国二千余年的以宗法思想为核心的礼治思想的理论基础。
[Abstract]:From the origin of the history of Chinese legal thought, the first established legal thought is theocratic law. In order to legitimize their rule, the slave owners and nobles of the Xia Dynasty used religious superstition and the concept of ghosts and gods to proclaim themselves as agents of God and heaven on earth and accept the "destiny" to rule the world. Imposing "heavenly punishment" on disobedience from its rulers; In the Shang Dynasty, the worship of the supreme god and God by the slave owners reached the point where the worship of the supreme god and the god could not be reached at a time when the thought of theocracy was at the height of the Shang Dynasty. However, in the Western Zhou Dynasty, the thought of theocratic law was confronted with the contradictions which could not be overcome by the content of the thought itself. According to the needs of the rulers to maintain their long-term rule, Zhou Gongdan proposed "matching Heaven with morality" and "respecting morality and protecting the people". The thought of Shinto Law of Xia and Shang dynasties was revised, supplemented and developed, which not only weakened the thought of theocratic law, but also became the theoretical basis of the thought of rule of etiquette with patriarchal thought as the core of ruling China for more than 2,000 years.
【作者单位】：西北民族大学法学院;
【基金】：西北民族大学中青年科研基金项目“中国传统法律文化融入现代法治文明研究”(编号:12XB17)的阶段性成果
【分类号】：D909.2

【共引文献】