论春秋战国时期的社会变局与礼法之争

在春秋战国时期,“礼治”和“法治”是两种不同的学术和政治思潮,两者何为主从构成了儒法的分水岭。在维护等级秩序方面,礼、法并无质的不同,但“法”地位的上升及得到传统“礼治”社会的认可,极大改变了人们“循礼不化”的传统。在战国时期除旧布新的改革进程中,“法“以强有力的规定性发挥了巨大效用,但“法”始终未能完全取代“礼”,“礼”、“法”仍然各自有着自己的适用空间,而且等级之礼在社会阶层经历了巨大的变动以后,通过法的强制性制约得到进一步巩固。

On the Social Change and Agument between Rites and Law in the Spring and Antumn Period and Warring States Period

In the Spring and Antumn Period and Warring States Period, there are two different learning and political thought, Which is the chief means between role by rite and role by law is the difference of Confucian and Legalist. In the aspect of supporting the grade order, there is no essential diffence of the rite and law, the status of the law is increased and the law has been accepted by the societ; of the rule of rites, it changed the tradition widely. In the process of the transformation of the Warring States Period, the law play an important role, but rite can not substituted by the law , and the rite of the grade order obtained fourther consolidated through compulsory restriction of the law after the social changes.