荀子富国理论中的礼法机制
A Study of the Ritual and Legal Mechanisms inside a book titled ‘On Enriching the State’ by Xunxi
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在礼和法的价值序列的层面, 荀子提出“准礼制法”、“先有礼后有法”、“礼本法末”等观点, 以来强调礼的价值优先性;在治国方法的层面上, 荀子主张, “礼法并用”、“礼法兼施”、“礼法互补”等政策。 荀子对礼法关系看法的形成, 是通过对礼、法的比较, 认识到它们显现在政治、经济、伦理的“功能”及“效用”的不同成就的特质。春秋战国时期的诸子百家, 大多是为乐解决现实政治问题而在理论上试图找到可行的方案, 荀子也不例外。荀子在构建礼法合治思想时必然会考虑实现可行性, 在治国问题上荀子也总以礼法合治为解决方法。那么, 当时在现实中也是主要问题的“富国裕民”的实现上, 荀子以本人的礼法合治思想来构建何种立论? 为此问题, 本文考察了在荀子的富国理论中“礼”和“法”的机制对富国裕民的实现起着怎样的作用, 及它们所能创出何种预期效果。因此举例说明荀子的三个礼法言论而得出如下结论:其一是, “礼”的机制在于分工与生产, 不同阶层的人对于资源、财货的分配及恰当的消费起着调节作用;同时, 对于赏罚政策的效用、纳税及服役的原则是“实在法”的机制所起作用的。其二是, 依据礼的准则加以公正、严格地实施政策及法令, 自然会导致于生产、收支、分配的均衡, 并可以达到“安民”的效果。荀子认为国家贫困就不能调养百姓的需要, 但国家富强时, 对财富的均衡分配是维持社会的稳定和厚生、惠民的必要条件。 如此, 本文重点讨论不在于富国理论本身内容, 而在于富国理论中礼法的机制究竟成为何种动因。换句话说, 检讨礼与法的机制在荀子的富国裕民理论里面起着怎样的作用。因为荀子所企图的理想社会形态是, 依礼和法和谐治理的所谓“礼法社会”。
Abstract
Xunzi emphasizes the priority of values of rituals in the phrases such as ‘legislation on the basis of rituals’ and ‘rituals before legislation’ when discussing the order of importance between rituals and law. However, when it comes to governing a country, he highlights a balance between or combination of rituals and law, saying that the general course of governance is to use both rituals, and law and a harmonious balance between rituals and law is the main platform for managing state affairs. His views on the rituals and law are his own unique proposal, coming from the experience of comparing the role and functions of rituals and law or political experiences. During the Warring States period, every philosopher and scholar concentrated on finding viable plans in theory to resolve political issues. Xunzi was no exception. The political issue of the Warring States period inevitably made Xunzi contemplate the viability of his concept of governance based on the combination of rituals and law, however, Xunzi unwaveringly defended his concept of governing a country with the combination of rituals and law. Such stance, for example, is reflected in his writings on education, enriching the state, the livelihood of people. Then, what argument did Xunzi build on his concept of governance which combined rituals and law in order to resolve one of the important issues at the time which was to enrich the state and the people? To answer the aforementioned question, the present study primarily investigates the roles and expected effects of two mechanisms; namely rituals and law in Xunzi’s concept of enriching the state. In addition, it examines what ritual role and legal functions his concept has and how it achieves the goal of enriching the state by quoting three comments made by Xunzi in detail. From the examination, it can be known that his concepts of taxation, and reward and punishment fall under positive laws which are specific laws and policies. Moreover, the regulations with respect to the division of labor, production, consumption and distribution are thought to be in line with the order of rituals and the basic definition of rituals by Xunzi. In addition, the implementation of strict laws which are in compliance with rituals can result in striking a balance among production, accounts and distribution from which a political effect can be expected to bring peace to people As such, rather than discussing the content of Xunzi’s concept of enriching the state, the present study looks at how the ritual and legal mechanisms in his concept help achieve the goal of enriching the state. In other words, the present study examines how the ritual and legal mechanisms operate within Xunzi’s concept of enriching the state and the people, because the ideal society sought by Xunzi is a society of rituals and law where a ruler governs by striking a harmonious balance between rituals and law.
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