先秦儒法公私观简论

先秦儒法公私观讨论了春秋战国时期社会政治生活中群体与个体、整体与部分的关系问题,他们强调"公义",卫护"公利",一致主张公高于私,顺应了时代发展的需要。先秦儒法公私观的理论贡献不同,前者主要在伦理思想领域,为道德修养提出了目标,而后者主要在法治思想领域,为法治提供了理论依据。儒家没有把公与私绝对化,表现了可贵的民本主义思想,而法家的公私观则将公与私绝对对立,最后走向绝对君主专制主义。儒法公私观是以各自的人性论作为理论依据的。儒法崇公抑私的公私观的历史影响具有两重性。

A Review of Confucianism and Legalism About the Public and the Private Before Qin Dynasty

Great changes occurred during the Spring and Autumn Period. Along with these changes, the social entities of public and private interests and the relationships between public and private interests changed as well. Confucianism and Legalism outlook on public and private interests focused on the discussion of the relationships between groups and individuals, and between the whole and partial, stressing public justice, defending public interests, and advocating the public interest's priority over private interests. That conformed to the trend of the times. The various theoretical contributions of Confucianism and Legalism outlook on the public and the private interests, is different from that the former mainly comments on ethic thought and proposing the object of moral self-cultivation, while the latter mainly states legality thought and becomes the theoretical basis of being governed by law. Confucianism did not deal with the public and private interests absolutely, displaying the valuable people-based principle. While Legalism regards the public and private interests as contrast and leads to monocracy at last. Therefore, the differences between these outlooks are based on their own humanism theoretically. Confucianism and Legalism outlook on public and private interests had a two-fold historic influence.