摘要
帝制中国始终有大义灭亲事件,但都被视为一时一事不得已之"权".儒家强调"权"之用,必须在更高层次上合于经,反对以诈行权,但行权主体要求过高、范围不明确,操作性较欠缺.法家则大力提倡权术,变阴谋为阳谋而广泛应用之.随着君权强化,大义几等同于臣民对君之"忠",经法家权诈观推波助澜,儒家经权论有时充当文饰之具,君臣所实施的"大义灭亲"行为,有滑向"大利灭亲"的趋势.尽管如此,儒家经权论植根于人之心性,尚在持续发生约束作用,"大义灭亲"在整个帝制中国都未完全正当化.
Abstract
In feudal China there were cases of"kinship-free justice",which used to be regarded as usage of"power"unavoidably.Confucianism stressed the use of"power"according to doctrines at a high level instead of that deceiv-ably,but seemed weak in operation due to an excessive demand of power-enacting subject and an unclear scope.The Legalists advocated the opera-tion of power while opposing conspiracy.With the emphasis on monarchy power,the so-called justice was merely tantamount to the"loyalty"of sub-jects to the monarchy,and along with the Legalists'work the Confucian op-eration of power sometimes acted as decorations and the jointly-implemen-ted"kinship-free justice"by the monarchy and subjects tended to move towards"kinship-free interest".Nevertheless,the Confucian operation of power was rooted in human heart and temperament and kept acting its re-straining role though the"kinship-free justice"was not totally normalized throughout feudal China.
万方数据