柳宗元的禮法思想與地方治理

Liu Zongyuan's Ritual-Legal Philosophy and Approach to Local Governance

柳宗元（773-819）以作為唐宋八大家之一的大文豪聞名於世，卻因而極少學者關注其地方治理與法律思想。在他的生命經驗中，有很多關於地方治理的事蹟；同時也有不少法律上的實務經驗可供分析。學界對於柳宗元的研究成果可謂相當豐富，但絕大部分都是關於他文學成就的探討。本文試圖分析柳宗元的地方治理與法律經驗，從而瞭解柳宗元的法律思想。柳宗元反對「春夏行賞、秋冬行刑」理論，兩者都顯示他反對以「天」作為具有意志，具備「賞罰」功能的人格天，主張應該回到儒家的「中道」治國。就「禮教」與「法律」而言，柳宗元認為「刑」和「禮」的本質都是防亂的；他們的本質相同，但作用不一。柳宗元自己在柳州的治理經驗，也顯示他以禮法作為治理的核心理念，不管是修孔廟或佛寺，都在尋求結合禮法或有助王化的治理方法，使其深獲柳州百姓愛戴。柳宗元對於同時代具有地方治理經驗的士人的書寫，呈現一個兼具儒學秩序與法律規範的地方治理型態，透過柳宗元對同時代其他人地方治理的刻畫，可與他本人的治理成就相呼應，從而呈現他對於「儒學秩序．法律規範．地方治理」連動性的圖像。 Liu Zong-yuan (773-819) is celebrated as one of the “Eight Great Prose Masters of the Tang and Song Dynasties.” This literary fame, however, has overshadowed the political achievements of his civic career as well as his noteworthy legislative experience. Of the considerable academic research which has been undertaken on Liu, the majority focuses on his literary attainments while only a fraction examines his experience as a statesman and legislator. This article, in contrast, seeks to investigate Liu's ideas on local governance and legislation in order to gain a clearer understanding of his legal philosophy. Liu opposed the common practice of administering justice in strict accordance with the natural calendar, by which rewards were bestowed in spring and summer and punishments meted out in fall and winter. He also dismissed the notion of an anthropomorphic Heaven which had the will and ability to reward or punish his fellow humans. He urged for a return to governance by the Confucian “golden mean,” and argued that Confucian rites and codified laws—though divergent in function—served a common purpose: to prevent social unrest. As governor of Liuzhou, he took the teaching of such rites as his guiding principle. Whether he was busy with the renovation of a Confucian or Buddhist temple, he always sought to complement his governance by moral example with the practice and observance of rituals, eventually earning him the love and esteem of Liuzhou locals. In his writings, through analysis of contemporaries’ experience in local administration, Liu sketches out his own ideal form of government: one which combines the Confucian order with established legal norms; observes rituals; enforces laws; levies taxes; and ensures fair legal proceedings. A government, or statesman, who can do all of the above while winning the respect and admiration of residents, in Liu's eyes, is the model to which all local officials should aspire.