作　　者： ;

机构地区： 暨南大学法学院

出　　处： 《晋阳学刊》 2015年第3期9-15,共7页

摘　　要： 李悝又称李克,学于儒门子夏氏,相魏变法而为三晋法家之先驱。史书中悝、克分列儒法,曾引致学术史上考辨观点的游移,其实正反映李悝思想在＂由儒入法＂谱系中的承前启后意义。首先,李悝谨持儒门贤德政治观点,崇尚士人＂为君王师＂,提倡君主＂举贤以德＂;其次,李悝自创制度公平理念,从身份地位、财产多寡、智识水平之差异来诠释社会矛盾,主张政府主导资源再分配,＂废沟洫＂、＂尽地力＂、＂善平籴＂、＂射的决狱＂的变法举措均是这一理念的法制观照。再次,李悝揭示极端贫富分化才是社会失范的根源,对重刑治国保持警惕,成为后世学说与法令的重要话语。最后,李悝撰《法经》,成为商鞅变法的范本,也因其儒门渊源而被奉为中华法统的源头。 Li kui（a.k.a Li Ke）, who was Confucian Zi Xia’s student, is a pioneer of San Jin Fa-chia on account of his contributions on political reforms in Wei State. History books used to record him both in Confucianism and Fa-chia, which had caused a series of disputes in academic history. Actually, the disputes had exactly reflected Li Kui’s great significance to the period form Confucianism to Fa-chia. First of all, Li Kui did insist the rule of virtue which was derived from Confucian political views. He advocated the points that ＂scholars should be the emperor’s teacher＂ and ＂the emperor should appoint person who is virtuous＂. Secondly, Li Kui originated the idea of fair political system. He thought that the gap of status, the amount of property, the intellectual level did compose the causes of social conflicts, and then he proposed government should lead the redistribution of resources. ＂Adjusting land ownership＂, ＂advancing agriculture＂, ＂using macroscopic readjustment and control＂, ＂adjusting according to people’s archery＂, all these reforms were the reflections of his idea of fair political system. Besides the above two points, Li Kui thought that the extreme polarization between the rich and the poor was the root of social anomy and he was vigilant against ruling by heavy penalty, which had became an important utterance of Legal theory and act in after generations. Last but not least, Li Kui’s book Fa Jing, which later became a model for Shang Yang’s political reform, was regarded as a source of Chinese legal system because of his Confucianism origin.

关 键 词： 李悝 儒家 法家 变法 《法经》

分 类 号： [B222]

领　　域： []