朱熹德禮政刑論述探微——從知南康榜文談起

Moral, Political, and Legal Philosophy of Zhu Xi

《論語》〈為政〉篇稱：「道之以政，齊之以刑，民免而無恥。道之以德，齊之以禮，有恥且格。」孔子這段對德禮政刑的論述，始終獲得中國歷代儒者的青睞。不僅如此，這套德禮政刑論述，也成為中國歷來法政制度的指導原則。本文認為，朱熹在闡明孔子德禮政刑論述時，最引人注意之處，便在於他藉由對〈大學〉「明明德、親民、止於至善」以及〈中庸〉「脩道之謂教」章句的援引，重新賦予德禮政刑論述全新的內涵。不僅如此，朱熹更將這套德禮政刑論述，具體落實在他治理地方的施政措置之中。本文的討論，首先將以朱熹治理南康軍為例，來檢視他如何具體實踐孔子的德禮政刑思想。其次，則試圖透過比較董仲舒對興德教化為本、威勢法刑為末的構想，進一步指出朱熹在發揚德禮政刑理想時，究竟有何新穎獨特的貢獻。

”Analects of Confucius” (Chapter of The Practice of Government) says, ”Lead the people with governmental measures and regulate them by law and punishment, and they will evade punishment but will have no sense of shame. Lead them with virtue and regulate them by the rules of propriety, and they will have a sense of shame, moreover, they will set themselves right.” This saying of Confucius has always been respected by the Confucians of all the past dynasties in China. In addition, this opinion on morality, etiquette, politics, and punishment also becomes the guideline for legal and political systems in the past dynasties in China. The study suggested that when Zhu Xi expounded Confucius' opinion on morality, etiquette, politics, and punishment, the most attractive thing is his citations from sentences of ”Great Learning”, ”The way of the great learning involves manifesting virtue, loving the people, and abiding by the highest good” and ”Doctrine of the Mean”, ”Cultivating the way is called education,” which endowed brand new insight to Confucian's opinion on morality, etiquette, politics, and punishment. Furthermore, Zhu Xi further concretely fulfilled this opinion in his administrative measures for local governance. In this study, Zhu Xi's governance of Nankang Troop was taken as an example to examine how he concretely put Confucius' idea of morality, etiquette, politics, and punishment into practice. Besides, the study further indicated the unique contribution of Zhu Xi when he promoted the idea of morality, etiquette, politics, and punishment by comparing his idea with that of Dong Zhongshu which viewed the education of morality as the essential part and the power of punishment as the secondary part.