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本文就《商君书》,对法、德关系进行了探索。认为商君尤其重法,而法家之原则在于法治;儒家之原则在于德治,而德治之基础,则在人性本善论,法治之本源在于人性之趋利避害性,重刑是手段,而根本目的在于以法规范民众之行。商鞅改法为律,乃是细化刑赏规则,突显其稳定性与普遍适用性;因法律施行有效且遵从,逐渐形成正确价值观,行为规范则自成道德观念;法律因其稳定性则保社会之稳定,约束民众言行之后,方可谈及仁义教化;因法律施行有效且遵从,逐渐形成正确价值观,行为规范则自成道德观念。这些观念在今天仍有意义,现阶段仍应注重于如何完善法治,然后加强德育,两者不可偏废。
This article explores Shang Shang Shu and the relations between France and Germany. The principle of Confucianism lies in the rule of virtue, while the foundation of virtue is based on the principle of human nature, the source of the rule of law lies in the profit and avoidance of human nature, the heavy punishment is the means, The fundamental purpose is to standardize the public trip. Shang Yang reformed as a law, but to refine the rules of reward, highlighting its stability and universal applicability; effective implementation of the law and compliance, and gradually form the correct values, code of conduct is self-moral; law because of its stability After the stability of the society and the restrictions on people’s words and deeds, we can talk about benevolence and enlightenment. As the law is implemented effectively and in compliance, the correct values are gradually formed, and codes of conduct are self-moral concepts. These concepts still make sense today. At this stage, we should still focus on how to improve the rule of law and then strengthen moral education. Both of them can not be neglected.