提 要：先秦儒、法婚姻思想既“同”又“异”，“同”表现为两家都以维护当时约定俗成的婚姻道德为己任，以建立某种使男性受益的婚姻家庭秩序为目标；“异”表现为两家在达至理想婚姻家庭目标的途径和手段上略有差异。“同”源于两家共同所处的社会历史环境和共同作为男权社会代言人的身份，“异”源于两家有差别的人性观和治世方略。

关键词：先秦；儒法；婚姻思想；比较

Title: On Confucianism’s and Legalists’ Marriage Thoughts in the Pre-Qin Dynasty

Author:Zhang Shuyi, Professor, History Department, South China Normal Univercity, Guangzhou, Guangdong, 510631, China.

Abstract:There are differences and similarities between Confucianism’s and Legalists’marriage thoughts in the Pre-Qin Dynasty. Both regarded it as their duty to preserve the evolved marriage ethics, and similarly, the aims of the two thoughts were both to set up a marriage and family order benefitting men, not women. However, the two ideological systems intended to establish the same ideal marriage and family rules by means which were a little different. They are similar in social and historical backgrounds and the position as the advocates of man society while different in the ideas of humanity and the strategies to administer the country.

Key words:the Pre-Qin Dynasty; Confucianism and Legalist; the marriage thoughts; comparison