司马迁、班固法制观比较研究

发布时间：2018-03-16 23:13

本文选题：司马迁　切入点：班固　出处：《西南大学》2010年硕士论文　论文类型：学位论文

【摘要】： 《史记》、《汉书》是研究秦汉史最基本的文献资料,历来为学界所重视,比较研究二书的异同点是学者采用的基本方法。本文的研究是在前人对二书的各种研究成果和二书比较研究的成果上从法制观的视角展开的。《史记》和《汉书》是考察两大史家思想的主要载体,所以此命题的着力点在两书中彰显作者思想观的部分。司马迁和班固的法制观有继承和改造的关系。司马迁的思想注重究和变,班固的思想注重通和博。二者法制观的总体价值取向就在这里,表现在三个方面：一个是法制和天下秩序的价值取向,一个是法制和君王关系的价值取向,一个是法制和道德的价值取向。从这三个方面可以看到二者的相同点和差异性。司马迁和班固法制观可资比较的主要是五个方面,即法的起源,立法观,司法观,法制改革观,法制和礼乐的关系等方面,这些方面是作者价值取向的基础。在法的起源方面,二者皆不同程度的具有法制起源于天的思想；立法观上,司马迁和班固都主张立法要有信度,立法者以身作则,约法省禁,体恤民情,二者在法令导民的功能认识上及需要什么样的法才能使得社会了良性运作存在差异；司法观上,司马迁和班固都主张宽刑,罪刑得当,慎法度,罪疑者予民等,不同在于受儒家思想影响程度不同等；司马迁主张即时变革法制,班固主张更化,谨慎变革；在法制和礼乐关系上存在着一定的差异。通过比较可以看出,二者法制观同大于异,而且异中有同。关于二者法制观差异产生的原因,如《史记》是私人著书,《汉书》则经皇帝预览,对汉王朝的感情必有所不同；写作动机不同；司马迁经过李陵之祸,身心俱受伤害,班固也曾下狱,但遭遇不可同日而语；司马迁父亲司马谈作《论六家旨要》,其主导思想是道家的,班固父亲班彪作《天命论》,其主导思想是用儒家思想维护刘汉政权,但是起根本作用的是思想渊源和社会的影响两个因素。
[Abstract]:The Book of the Han Dynasty is the most basic document in the history of the Qin and Han dynasties, and has always been attached great importance to by the academic circles. The comparative study of the similarities and differences of the two books is the basic method adopted by scholars. The research in this paper is carried out from the perspective of the viewpoint of the legal system in the various research achievements of the two books and the comparative research results of the two books. < Records of History > and < Han Shu >. Is the main carrier of the two historians' thoughts. Therefore, the focus of this proposition is to highlight the author's ideas in the two books. Si Maqian and Ban Gu's views on the rule of law have a relationship of inheritance and transformation. Si Maqian's thought focuses on investigation and change, and ban Gu's thought pays attention to communication and Bo. The overall value orientation of the two views on legal system is here. It is shown in three aspects: one is the value orientation of the legal system and the world order, the other is the value orientation of the relationship between the legal system and the king, the other is the value orientation of the legal system and the morality, from which we can see the similarities and differences between the two. There are five aspects that can be compared between Si Maqian and Ban Gu's views on legal system, that is, the origin of law, the concept of legislation, the view of judicature, the view of legal reform, the relationship between legal system and etiquette and music, etc. These aspects are the basis of the author's value orientation. In terms of the origin of law, both of them have the idea that the legal system originates from heaven in varying degrees. In the view of legislation, Si Maqian and Ban Gu both advocate that the legislation should be credible, and the legislator set an example by setting an example and binding the law to proscription. Considerate of the people, they have different understanding of the function of the law guiding the people and what kind of law is needed to make the society operate in a benign way. In the judicial view, Si Maqian and Ban Gu both advocate lenient punishment, appropriate punishment for crimes, discretion of law, giving to the people by suspects of crime, and so on. The difference lies in the fact that the degree of influence of Confucianism is not equal; Si Maqian advocates immediate reform of the legal system, Ban Gu advocates more change, and cautious change; there are certain differences in the legal system and the relationship between etiquette and music. From the comparison, we can see, The two views on legal system are more common than different, and there are similarities among them. The reasons for the difference between the two views on legal system, such as "Records of the historian" is a private book, "Han Book" is previewed by the emperor, the feelings towards the Han Dynasty must be different, the motive of writing is different, Si Maqian is injured both physically and mentally after the misfortune of Li Ling. Ban Gu also went to prison, but his encounter was not comparable. Si Maqian's father, Sima, talked about "on the principles of six Schools", and his leading thought was Taoism, and his father, Ban Biao, wrote "the Theory of fate", and his leading thought was to maintain the power of Liu Han with Confucian ideas. But it is the origin of thought and the influence of society that play a fundamental role.
【学位授予单位】：西南大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：I206.2

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