《管子》“德、法”并重思想研究

发布时间：2018-05-04 17:34

本文选题：《管子》 + “德、法”并重思想　；参考：《曲阜师范大学》2017年硕士论文

【摘要】：《管子》是先秦时期依托齐国宰相管仲之名编撰成书的文化典籍。《管子》“德、法”并重思想主要体现在儒家之“德”与齐法家之“法”思想的汇通。就思想史研究的层面而言,厘清《管子》的作者、成书年代以及学派归属,对研究《管子》“德、法”并重思想具有重要意义。笔者在梳理前人研究的基础上,总结认为《管子》虽非管仲自著,但书中蕴含丰富的管仲思想。《管子》应是稷下学士中有崇管仲功业者,在参与百家争鸣的同时,搜集与管仲相关的历史资料,其中主要包括齐国史官及管仲的门人、弟子对管仲思想和事迹等的记载,并结合时事编撰成书。《管子》虽然看似庞杂,但仍以齐法家思想为主导,是齐法家的重要代表作之一。“德、法”作为成人之德和治国理政的两大支柱,《管子》打破了春秋以来横贯在“德、法”之间的壁垒,实现了“德、法”思想汇通。“德、法”并重思想作为《管子》“成人”与“治国”思想的重要组成部分,“仓廪实,衣食足”的物质富足论、以人为本的民本思想、趋利避害的自然人性观、“政者,正也”的君主模范论是《管子》“德、法”并重思想的理论基础,而“德出于法”与“法出于礼”的理论辨析对深入研究《管子》“德、法”并重思想具有重要的理论意义。就“成人”方面而言,《管子》以“德从中来”的认识论为基础,同儒家一致倡导德性的养成主要依赖于“仁”的道德自觉以及“礼”的外在规范作用,主张仁礼结合、内外兼修的道德修养论。而法律作为外在强制约束力,以公平公正、公开透明、审刑慎刑、严刑信赏等特点遏制人性之恶,以实现法律约束的内在意识转化,引导行为主体自觉向善,日久成俗。《管子》“德、法”并重思想兼重道德与法律,将道德教化及法律规范相结合,以完善人格。就治国层面而言,《管子》将“德、法”二柄视为治国理政的根本手段,“德治”是基础,“法治”是主体,“德治”与“法治”共同组成了《管子》施政纲领的基本内容。《管子》在强调“礼义廉耻”、选贤任能、省刑薄赋的德政思想的同时,将蕴含法律意蕴的法、律、政、令、刑均视为治国的重要工具,重视相对稳定与权变相结合的立法原则,并积极倡导法、术、势相结合的法治主张。《管子》“德、法”并重思想不仅对齐国治世之道和封建社会阳儒阴法的统治术具有重要影响,而且对建设社会主义和谐社会具有重要的借鉴意义。德导、齐礼、法正的成德之径是提高国民素质的重要途径,实现“以德治国”与“依法治国”的和谐统一,不仅有利于加强社会主义市场经济的正常运转,同时对处理国际关系具有重要理论意义和实践价值。
[Abstract]:"Guanzi" is a cultural book compiled in the name of Guan Zhong, the prime minister of Qi, in the pre-Qin period. The thought of "virtue and law" is mainly embodied in the confluence of Confucian "virtue" and "law" of Qi Fa school. As far as the study of the history of thought is concerned, it is of great significance to clarify the author, the age of the book and the ownership of the school of thought, which is of great significance to the study of the thought of "morality and law" in "Guanzi >". On the basis of combing the previous studies, the author concluded that although Guan Zhong is not the author of the book, the book contains abundant thoughts of Guan Zhong. "Guanzi" should be one of the baccalaureate students who worship Guan Zhong's merit in Jixia, and participate in a hundred schools of thought at the same time. Collecting historical data related to Guan Zhong, mainly including the records of Guan Zhong's thoughts and deeds from the historians of Qi and Guan Zhong's people, and his disciples' thoughts and deeds, and compiling a book based on current events. Although Guanzi seems to be complicated, it is still dominated by Qi Fa's thoughts. It is one of the important representative works of Qi Fa School. As the two pillars of adult morality and governing government, Guanzi has broken the barrier between "morality and law" since the Spring and Autumn period, and realized the confluence of the thought of "morality and law". The thought of "morality and law" as an important part of "grown-up" and "governing the country", the material abundance theory of "granary, food and clothing", the people-oriented thought, the view of natural person, the political person, The monarch model theory is the theoretical basis of the thought of "virtue and law", while the theory of "virtue out of law" and "law out of propriety" is of great theoretical significance to the further study of "Guan Guan" morality and law ". As far as "adult" is concerned, Guanzi is based on the epistemology of "virtue from the middle", and advocates the cultivation of virtue mainly depends on the moral consciousness of "benevolence" and the external normative function of "propriety", and advocates the combination of benevolence and propriety. The theory of moral cultivation between inside and outside. The law, as an external compulsory binding force, contains the evil of human nature with the characteristics of fairness and justice, openness and transparency, careful punishment and severe punishment, so as to realize the transformation of the inner consciousness of legal restraint, and guide the subject of behavior to be good consciously. In order to perfect personality, "morality and law" pay equal attention to thought and law, and combine moral education with legal norm. In terms of governing the country, Guanzi regards "morality and law" as the fundamental means of governing the country, "rule by virtue" as the foundation, and "rule by law" as the subject. "Rule by virtue" and "rule by law" constitute the basic content of the policy agenda of "Guanzi". Punishment is regarded as an important tool for governing the country. It attaches importance to the legislative principle of the combination of relative stability and contingency, and actively advocates the rule of law that combines law, technology and power. The thought of "equal emphasis on law" not only has an important influence on the governance of the world in Qi and the rule of Yang, Confucianism and Yin in feudal society, but also has an important reference significance for the construction of a harmonious socialist society. The path of moral guidance, courtesy and law is an important way to improve the quality of the people. To realize the harmonious unity of "governing the country by virtue" and "governing the country according to law" is not only conducive to strengthening the normal operation of the socialist market economy. At the same time, it has important theoretical significance and practical value for handling international relations.
【学位授予单位】：曲阜师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：B226.1

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