【作者】 关立新；

【导师】 张锡勤；

【作者基本信息】 黑龙江大学 ， 中国哲学， 2009， 博士

【摘要】 《韩非子》思想是先秦思想史的重要组成部分。多年以来,人们对《韩非子》的哲学思想、伦理思想和法治论一直存在着种种争议,本文即是在对各家已有看法的梳理的基础上,反复细读文本,对于《韩非子》的思想进行比较深入细致的研究,提出自己的看法和主张,以期还《韩非子》思想以本来的面目。全文在内容体系上分为三章:第一章为《韩非子》的哲学思想。文中对《韩非子》的本体论、认识论和历史观进行了梳理,并对先秦时期各家的看法和主张给予了理论上的厘清与分类。《韩非子》的本体论明显体现出道本论的倾向,其中的《解老》、《喻老》两篇文章阐述了“道理相应”的唯物主义规律论和注重“参验”的认识论。他指出,热衷于宗教和迷信,不思变革和进取,就会招致亡国之祸,这显然是无神论和“因时制宜”的变易发展史观。第二章为《韩非子》的伦理思想。主要阐述了人性论、道德观、功利主义、公私观、基于利己自卫的人际交往原则以及韩非子的女性伦理观六个问题。韩非主张人性的自利自为,好利恶害,所以为他的法治论提供了理论依据。他的道德观比较复杂,一方面他反对儒家提倡的种种道德观念,另一方面他又承认有道德之人的存在及道德的正面价值,只是实行德治无法达到治世。功利主义一节首先对义利关系进行了梳理,肯定为国家建功立业的合理性。公私观一节主要阐述了韩非所尚之法自然是公,所维护的君权与人民之私欲是对立的。他是专以赏罚为二柄,将民之私纳于公。韩非的主旨是去私。第五节主要谈了基于利己自卫的人际交往原则,第六节则重点论述了韩非的女性伦理观。第三章为《韩非子》的法治论。第一节是对儒家德治主义的否定,第二节是论法治是治理国家唯一的有效手段,第三节是法、术、势三位一体,第四节是论德法关系,第五节是“以法为教,以吏为师”,第六节是基于法治的管理思想。结语部分对《韩非子》思想研究的问题进行总结,并对本文的创新与不足之处做了简要说明。更多还原

【Abstract】 The thought of《Han Feizi》is the import constituent of pre-qin thinking history . Refer to the book of《Han Feizi》,people has many disputeS to its philosophic thinking, ethics thought and its law for many years. This article collects the different thoughts existent in hand, and read carefully for all the different viewpoints, make a thorough research for his thought, and then propose my own view and the position, in order to give a original thought for the《Han Feizi》.The full text divides into three chapters: First chapter is the philosophic thinking of "Han Feizi". In this chapter, it lays out the ontology, the epistemology and the history of "Han Feizi" ,and has given a theoretic conclusion for the various views from pre-qin to now. The ontology of "Han Feizi" obviously manifests the tendency of morality,“jie lao”“yu lao”, one of the articles elaborate the materialism and the epistemology which is emphasized the practice. He pointed out that if a country indulged in the religion and the superstition, without thinking the transformation and enterprising, this will lead to perishes calamity of the country, it is obviously the viewpoint of atheism and the view of adjusting measures to local conditions.Second chapter is the ethics thought of "Han Feizi". This chapter Mainly elaborates six questions: the theory of human nature, the moral outlook, utilitarianism, the public and private view, the human communication principle based on the selfish self-defense, as well as Han Feizi’s feminine ethics. Han Fei advocated that the human has the nature of self-interest, be apt to advantage but wicked evil, this has provided the theoretic basis for his thought of law. His moral outlook is quite complex. on the one hand, he opposed all sorts of morals which the Confucianism advocated; on the other hand, he also acknowledged the moral’s existence and the moral’s positive value for these people who has good moral, but he thought that if implements the virtuous rule, it would unable to achieve to rule the country by law. The Utilitarianism first carried on the relations of the justice and the profit and identify with its rationality in the side of performed meritrious deeds for the country. The Public and private view mainly elaborated Han Fei has the idea that we must obey the public, he also maintains the the monarchial power and the people’s selfish desire are the oppositions. He is specially taken the award and punishment as two handles, people’s private estate must be owned to the public. Han Fei’s primary intention is apart from privately. Fifth section mainly discussed the human communication principle based on the selfish self-defense, the sixth sections emphasis elaborated Han Fei’s feminine ethics view in the foundation of the selfish self-defense contact principle.Third chapter is "Han Feizi" government by law theory. First section is to deny the Confucianism virtuous rule principle, second discusses that the government governs the national by law is the only effective method, third provides that the law, the technique and the potential Trinity is incorporated, fourth discusses the relations between morals and the laws, fifth is said that we must have the idea of“study from the law and the history”, sixth is the management thought which based on the government by law.The last chapter makes a summary for all the problems which researched by "Han Feizi", and has given the briefing to this article’s innovation and deficiency.更多还原