从《康诰》和《吕刑》看西周初中期刑罚思想的演变

西周刑罚思想包括"敬天""保民"、"明德慎罚"、"亲亲""尊尊"等几个方面的内容.周初的天命论仍然是一种神意论,"敬天"是统治者赖以统治民众的依据,"保民"几乎完全是出于维护政权稳定的现实需要;中期的"敬天"更具理性化与实用性,更多的是对天命的利用,"保民"中"治民"的成分越来越多.与周初相比,"德"的含义由君主的品德变为个体心性道德;"慎罚"向"中刑"转化;以"亲亲""尊尊"为核心的"礼"的功能日益下降,"刑"的作用则日益凸显.

Approaching the Change of Punishment Thought in the initial and Middle Periods of West Zhou Dynasty from 《Advice to Prince Kang》 and 《Penal Code by Prince Lü》

The punishment thought of West Zhou dynasty includes 'worshiping Heaven', 'protecting people', 'showing morality and cautious punishment', 'loving the beloved', 'respecting the respectable', and so on. The theory of God's will was still a kind of God's will determinism. 'Worshiping Heaven' was the basis according to which the rulers ruled the people, while 'protecting people' was proposed just to maintain the stability of the authority. 'Worshiping Heaven' in the middle period was still more rational and practical, which was more and more used to rule the people. In comparison with the initial period, the connotation of 'morality' in the middle period changed from the emperor's character to individual one's; 'showing cautious punishment' changed to 'fair punishment'; the function of 'rite' taking 'loving the beloved' and 'respecting the respective' as the core went down; while the function of 'punishment' went up day by day.