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法者所以爱民也

发布时间:2021-04-09 13:09:20 作者:本站编辑 来源:中华思想文化术语传播工程 浏览次数:

法者所以爱民也

Law Is a Means of Loving the People.

法是爱民的手段,即法律、制度为的是惠及百姓。这是法家的重要指导思想。其深意为:是否变革法令、制度,确立什么样的法令、制度,必须以“爱民”为依据和目的。法家虽然以严刑峻法著称,并与儒家的“德政”相区隔,但在更深的层面上,并不与“民本”“仁爱”理念相悖。

Law being a means of loving the people suggests that laws and institutions are for the benefit of the people. It is an important guiding principle of the Legalist school. The profound significance of this is: Changing laws and institutions or establishing new ones must have “loving the people” as its basis and aim. The Legalists are known for advocating harsh laws and severe punishments, in contrast to Confucian “rule by virtue,” but at a deeper level they are not so much at odds with such concepts as “the people being the foundation” and “benevolence.”

引例 Citation:

◎法者所以爱民也,礼者所以便事也。是以圣人苟可以强国,不法其故;苟可以利民,不循其礼。(《商君书·更法》)    

(法度是为了惠及百姓,礼制是为了方便做事。所以圣明的人治理国家,只要能使国家富强,不必沿袭旧的法度;只要能够有利于百姓,不必遵循旧的礼制。)

The law is a means of caring the people and the rites are for the convenience of doing things. Therefore, if the sage is to be able to govern the state, he does not have to follow the model of the old laws and system. As long as it is possible to benefit the people thereby, he does not have to follow the old system of rites. (The Book of Lord Shang)

 

来源:中华思想文化术语传播工程