先秦法家法治教育思想研究

发布时间：2018-05-30 21:54

本文选题：先秦 + 法家　；参考：《东北师范大学》2011年硕士论文

【摘要】：在春秋战国时代法家是一个思想比较激进的学派,法家主张严刑峻法,该学派只关注国家的兴衰,却忽略个人发展和个性的解放,它与中国传统的儒家思想相悖逆。因此,法家的教育思想一直以来没有受到学术界的充分关注。笔者认为一部中国教育史是包括儒墨道法等各家思想家、教育家共同书写的教育史,不深入了解法家的教育思想、教育实践,不仅不利于反映法家的教育思想和教育实践产生的物质基础,而且也无法了解、体认中国教育史的全貌和本真状态。法家作为先秦时期重要的学术派别和政治派别之一,在中国历史发展的进程中,也包括在中国教育史的发展进程中做出了重要贡献。因此,我们应该挖掘其思想的精髓,为社会主义法治教育提供了参考与借鉴,经验和教训。本文主要从以下五个方面进行论述:首先,法家法治教育思想的产生有其时代背景,本文主要从政治,经济和文化三个面进行论述。在这样的大背景下对理解法家法治教育思想有重要的作用。其次,法家思想虽然反对儒、墨、道、名等各家学说,但是,法家思想的形成的过程中也直接或间接的吸收的其它思想,例如,法家反对道家的无为,可是,法家却通过改造道家思想使其成为哲学基础。再次,法家对人才也提出了很高的要求,他希望的人才要具有刚正不阿的性格,公正无私的品质,与时俱进的进取精神和身体力行的做事准则,又是对以儒家、墨家为代表的中国传统文化,尤其是人才观、政治观、教育观,即尚贤使能思想的继承和发展。第四,因为法家在教育目的的主张是“社会本位”,根据当时社会的情况,法家在教育内容的选择上主要侧重社会的需求,即以农战为基础,以法律为保障。本人对此做了比较深入的挖掘、研究和探讨。第五,法家的法治教育实施除了“以吏为师”的教育策略,以此来教育人民,运用强制和奖惩的办法来实施其教育主张。法家的法治教育主要从“社会本位”出发,无论是教育目的的确立,还是教育内容的选择,教育途径、教育方法的选择和运用。都考虑是否有利于国家和社会的发展,这在一定程度上说,或在某种意义上说是顺应了历史发展潮流,符合了历史发展需要,是值得深入研究和探讨的。
[Abstract]:In the Spring and Autumn and warring States period, legalism was a radical school of thought, which advocated severe punishment. This school only paid attention to the rise and fall of the country, but ignored the personal development and the liberation of individuality, which was contrary to the traditional Chinese Confucianism. Therefore, the educational thought of Legalists has not been paid enough attention to by academia. The author believes that a history of Chinese education is a history of education written jointly by thinkers, educators and other thinkers, such as Confucianism, Mohism and Taoism, without a thorough understanding of Legalists' educational thought and practice. It is not only unfavorable to reflect the material basis of Legalists' educational thought and educational practice, but also unable to understand and recognize the whole picture and true state of Chinese educational history. As one of the important academic and political schools in the pre-Qin period, Legalists made important contributions to the development of Chinese history, including the development of Chinese educational history. Therefore, we should excavate the essence of its thought and provide reference, experience and lessons for socialist rule of law education. This paper mainly discusses from the following five aspects: first, the emergence of the legalist education of the rule of law has its own background, this paper mainly from the political, economic and cultural aspects of the discussion. Under such background, it plays an important role in understanding the legal education thought of Legalists. Secondly, although the Legalist ideology is opposed to Confucianism, Mohism, Taoism, and fame and so on, other ideas directly or indirectly absorbed in the formation of Legalist thoughts, for example, Legalists are opposed to Taoist inaction, but, However, the Legalists transformed Taoism into a philosophical foundation. Thirdly, the Legalists also put forward very high requirements for talented people. He hoped that the talents should have the character of integrity, impartiality, the enterprising spirit of keeping pace with the times and the principles of doing things in practice, but also with Confucianism. Mohism is the representative of Chinese traditional culture, especially the ideas of talent, politics and education, that is, the inheritance and development of Shang Xian's thought. Fourth, because the legalists' idea of educational purpose is "social standard", according to the social conditions at that time, the legalists' choice of educational content mainly focuses on the needs of society, that is, it is based on the agricultural war and protected by law. I have done more in-depth excavation, research and discussion. Fifthly, the legalists' education of rule of law is carried out in addition to the educational strategy of "taking officials as teachers", so as to educate the people and to carry out their educational propositions by means of compulsion and rewards and punishments. The legalist education of the rule of law mainly starts from the "social standard", whether it is the establishment of the educational purpose, the choice of the educational content, the way of education, and the choice and application of the educational method. To a certain extent, or in a sense, it conforms to the trend of historical development and meets the needs of historical development, which is worthy of further study and discussion.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D909.2

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