법가의 사회질서론에 관한 분석

Abstract

By analyzing and interpreting thoughts and assertions related to disorder and crime and scattered in two books titled「Shang Yang Book」 and 「Han Fei Tzu」, this paper constructed social order theory of ancient chinese legalists, explained why they suggested this kind of theory, assessed its merits and faults, and drew some lessons. The purpose of these legalists was to keep in control domestic disorders and crimes through laws and institutions, and then to keep the chaotic world in order through war. For this purpose, they suggested a government system in which a monarch had an absolute power to make laws and apply them equally to all classes of people. They stipulated the standardized respective roles in laws for diverse kinds of people and did not allow people to do anything out of the given role. Furthermore, they asserted heavy punishments against even minor crimes, secret tricks to catch a sign of and shatter the challenge from powerful subordinates, and national wealth and military power to conquer other nations into a peaceful regime. This paper explained why this kind of social order theory was shaped by analyzing these legalists' understanding of major disorders and crimes in the warring age of ancient china, their diagnosis of origins of these disorders and crimes, and their perspective on human nature. And it assessed that it contributed not only to the restoration of domestic and international order and the establishment of principles of law making and its execution, but also to the justification of autocratic power and severe punishments. Finally, it drew lessons that humanistic philosophy and instruments, situation-adapted strategies, governance system and unselfish attitude of police officials are needed in keeping social order.