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題 名 | 類推適用或禁止《墨子》「罪不在禁,惟害無罪,殆姑」新詮=The Permission on Analogy or the Prohibition on Analogy? A New Interpretation on "If not Covered by a Prohibition, Even If It Is Harmful There Is no Crime." in Mo Zi |
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作 者 | 陳弘學; | 書刊名 | 華梵人文學報 |
卷 期 | 18 2012.07[民101.07] |
頁 次 | 頁21-56 |
分類號 | 121.41 |
關鍵詞 | 墨子; 墨家; 墨經; 法思想; 類推適用; 理校; Mo Zi; Mohism; Legal thought; Analogy; Lijiaofa; |
語 文 | 中文(Chinese) |
中文摘要 | 墨家思想曾為戰國顯學,但因政治、文化各種因素影響,秦漢以後墨學傳承遽然中斷,《墨子》一書訛誤脫落情形也日益嚴重。所幸清中葉以後,由考據學研究帶動諸子學復興,此書重獲世人注目,至孫詒讓《墨子閒詁》出及梁啟超作《墨子學案》,墨學乃有重光氣象。儘管如此,由於《墨子》失註達兩千年,許多文句缺乏一貫性與權威性解釋,雖有《墨子閒詁》等扛鼎之作,許多歧見仍無法獲得解決,《墨子》「罪不在禁,惟害無罪,殆姑」即是一明顯例子。由前輩學者提出的見解,此語可以導出「類推適用」與「類推適用禁止」兩種不同思考途徑。各家訓解雖均有一定理據,但多只能陳述解釋之可然性,卻無法證成理論之必然性。對此,本文乃從法思想角度切入,通過對於「類推適用」內涵的考察,並採理校方式將此句置入墨家法思想模型中參核比較,希冀藉此得出一圓滿解釋,除廣墨學研究視野,更欲豐富先秦思想內涵。 |
英文摘要 | Mohism had been a mainstream in the warring states period but was, due to the factors of politics and thoughts, the study on Mohism was vanished since Chin-Han dynasty. Therefore, mistaken interpretations on Mo-Tzu became more and more frequently and seriously. Fortunately after the middle years of the Ching dynasty, Mo-Tzu had been re-caught in the eye of scholars due to the textual researchs like Sun Yi-Jang's Mozi Jian Gu by and Liang Chi-Chao's Mo Zi Hue Annotator. Mohism has been revived and become the central study topic in nowadays. But, because the loss study on Mo-Tzu had been almost two thousand years, many sentences lack consistent and authoritative interpretations. Many disputes remain unresolved. For example, "If not covered by a prohibition, even if it is harmful there is no crime." (「罪不在禁,惟害無罪,殆姑」) in Mo Zi is a perfect case to explain this interpretative dispute. According to previous studies, this expression can be interpreted in two totally different aspects: the permission on analogy and the prohibition on analogy. Although both aspects have their explanation and justification on each aspect, their arguments are unable to exclude the possibility of the alternative interpretation. This article takes up this issue, investigates the content of "analogy" from the aspect of legal thoughts, and uses the method of "Lijiaofa" (理校法) to incorporate this expression into the model of Mohism. By having these steps, this article wishes to have an comprehensive interpretation on this expression, to expand the vision of study on Mohism, and enrich researches on thought of pre-Quin period. |
本系統中英文摘要資訊取自各篇刊載內容。