礼与法在先秦时期的发展脉络

礼与法在先秦时期的发展脉络是:礼与法在春秋以前的夏、商、西周三代处于混一状态,在春秋战国时期出现分离。在春秋以前的夏、商、西周三代,以“周礼”为典型代表的三代之礼是一个严密完备的社会控制体系和政治文化系统,整合了礼与法,处于整体化、系统化的礼法混一状态;春秋战国时期的儒家和法家在“礼崩乐坏”的社会形势下,对传统的西周“礼治”体系进行了不同方向的扬弃,形成了“法家之法”和“儒家之礼”的分离对立。于是,无所不包的西周“礼治”体系就分解为“法家之法”与“儒家之礼”,礼与法在制度实体和思想理论上都成为两条线索独立并行。

The Development Trace of Propriety and Law before the Qin Dynasty

The trace of development of propriety and law before the Qin Dynasty was the following: propriety and law were mixed in the Xia, Shang, and Western Zhou Dynasties before the Spring and Autumn Period, and then separated from each other in the Spring and Autumn and the Warring States Periods. In the Xia, Shang, Zhou Dynasties, the Zhou Propriety, which was the typical representative of them, was a strict and complete system of controlling society and a political culture system. At the same time, it integrated propriety and law so that it was the mixture of propriety and law. The Confucians and the Legalists in the Spring and Autumn Period and the Warring States Period developed the traditional system of propriety ruling of the Western Zhou Dynasty into different directions by means of absorbing the good and discarding the bad under the circumstance featured as the collapse of propriety and music, as a result of which the separation and opposition between law of the legalists and propriety of the Confucians came into being. However, propriety and law developed independently along two different parallel paths in the system of social entity and in the world of thought and theory.