浙东事功学派法制观及其历史意义

Core Viewpoint - The article discusses the legal philosophy of the Zhejiang Eastern School of Practical Learning during the Southern Song Dynasty, emphasizing the need for a legal system that respects individual rights and promotes public welfare, reflecting the socio-economic changes of the time [1][12]. Group 1: Legal Philosophy - The Zhejiang Eastern School advocates for "light punishment and humane treatment," opposing heavy penalties and emphasizing the importance of respecting individual life and dignity [2][3]. - Zheng Boxiong, an early proponent of this viewpoint, argues that the primary purpose of punishment should be to guide people towards goodness rather than merely to deter through fear [3]. - Ye Shi, another key figure, critiques the notion of restoring severe punishments, warning that such practices could lead to societal turmoil and advocating for a legal system that prioritizes the protection of life [4]. Group 2: Public Law - The school promotes the idea of "public law," asserting that laws should serve as public tools for fairness rather than instruments of personal will for rulers [6][7]. - Chen Liang emphasizes that laws must not be used as personal tools by rulers, advocating for a legal system that upholds public interest and maintains social order [7][8]. - Ye Shi further develops this idea by arguing for the separation of powers to ensure that laws are applied equally to all, regardless of status [8]. Group 3: Balancing Interests - The school introduces the concept of "balancing righteousness and profit," arguing that laws should serve both public and private interests, countering the traditional view that prioritizes moral over material concerns [9][10]. - Chen Fuliang highlights that good laws should benefit both the public and individuals, warning against legislation that harms the populace in pursuit of short-term gains [10]. - Ye Shi criticizes policies that suppress commerce for the sake of agriculture, advocating for a balanced approach that recognizes the interdependence of different social classes [11]. Group 4: Societal Impact - The legal philosophy of the Zhejiang Eastern School reflects a significant shift towards a more humane and practical approach to law, emphasizing the importance of individual rights and the need for laws to adapt to societal changes [12]. - The school’s ideas laid the groundwork for later Enlightenment thoughts, promoting a transition from a focus on state power to individual rights and welfare [12].