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《商君书》在对原初社会“争”的自然状态的认识和西周以降战乱的社会现实的判断中,基于国家安全需要,确立“以战去战”的军事法治规则体系,表达了通过统一战争进行秩序重建的权威性渴望。从《商君书》的军事法治规则构建可获知:国家安全和秩序的需要确定了军事和战争的合法性,以法治手段的优越性可有力地保障统一战争的顺利进行。
Based on the understanding of the natural state of primitive society and the social reality of the war in West Zhou Dynasty, based on the needs of national security, Shang Shang Shu established the rule of law system of military rule of law by “fighting wars with war” Expressed the authoritative desire to rebuild order by means of a united war. According to the rules of military rule of law in Shang Shang Shu, we can know that the need of national security and order has determined the legitimacy of military and war, and the superiority of the rule of law can effectively guarantee the smooth progress of the war.