【摘要】：漢初確立王朝政制,其中韓信申軍法的實質(zhì)是將先秦兵書整理成為漢軍法。武帝時胡建所引用的《黃帝李法》佚文"壁壘已具"一則即漢軍法中所包含的先秦兵書。此則關(guān)于軍事壁壘的佚文見于托名黃帝的兵書之中,合于先秦傳說以黃帝開始戰(zhàn)爭,立君建國,以軍事壘舍為國家都邑。此則佚文對于壁壘已具后的苛細(xì)規(guī)定,既符合"黃帝型政論",也符合漢武帝時律令趨于苛細(xì)的規(guī)定。由是可知,作為《黃帝李法》佚文思想背景的是法家思想。法家國家起源論認(rèn)為以戰(zhàn)止戰(zhàn)、立君建國,這本身就是莫大功德,并由此形成一新的國家類型:軍事國家。與周禮—儒學(xué)認(rèn)為當(dāng)以仁愛建國、立君當(dāng)順應(yīng)民心不同,法家軍事國家論認(rèn)為:國家是由軍事暴力建立;立君建國不必顧及民意;君主是絕對的,無論基于任何理由都不可推翻。法家認(rèn)為軍事國家是人類有史以來最為優(yōu)越的制度,臻于歷史的終結(jié)。軍事國家不必愛民,對于反抗者必須立即無情鎮(zhèn)壓,其極致是連說有人造反都有罪。由此,國家成為一家一姓之私產(chǎn),此軍事國家之君主,便不再勤勞天下、心系萬民,而是以天下適一己之私欲。秦漢制度,也正是《黃帝李法》"壁壘"佚文所暗含的以軍事暴力奠立國家之觀念的實現(xiàn)。在此意義上,《黃帝李法》受到重視,甚至編入軍法成為現(xiàn)行法律,是合情合理的。
[Abstract]:In the early Han Dynasty, the constitution of the dynasty was established, and the essence of Han Xin's military law was to arrange the military books of the pre-Qin Dynasty into the law of the Han army. Hu Jian's lost essay, "Barrier", which was quoted by Hu Jian in Wu Di's time, is a book of soldiers of the Pre-Qin Dynasty contained in the law of the Han Dynasty and the army. This article about the military barrier is found in the military books of the Emperor Huang, which is in accordance with the legend of the Pre-Qin Dynasty that the Yellow Emperor began the war, established a monarch, and established a military base as the capital of the country. This article not only accords with the "Huangdi political theory", but also accords with the stipulation that the law of Emperor Wu of the Han Dynasty tends to be strict. Therefore, as the thought background of the lost writings of the Yellow Emperor Li Fa, the Legalist thought. The theory of the origin of the French states holds that the establishment of the monarch by war and the founding of the monarch is itself a great merit, and thus forms a new type of country: military state. Unlike Zhou Li-Confucianism, who believed that a state should be founded by benevolence, and that a monarch should conform to the people's feelings, the Legalist military state theory held that the state was founded by military violence; that the monarch did not have to take public opinion into account; and that the monarch was absolute. For any reason can not be overturned. The Legalists believe that the military state is the most superior system ever, reaching the end of history. The military state does not have to love the people, it must immediately and ruthlessly suppress the rebels, and, to the extreme, even those who rebel are guilty. As a result, the country became a family, a surname of the private property, this military monarch, no longer industrious, the heart of the people, but the world fit for their own private desire. The system of Qin and Han Dynasty is also the realization of the concept of establishing a nation with military violence, which is implied in the lost writings of the Yellow Emperor Li Law. In this sense, it is reasonable and reasonable to attach importance to the Li Law of the Yellow Emperor and even codify it into the current law.
【作者單位】： 廈門大學(xué)人文學(xué)院哲學(xué)系;
【基金】：國家社會科學(xué)基金重大項目“黃老道家思想史”(16ZDA106)
【分類號】：E291;K232
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本文編號：2165966