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历代学者关于《论语·颜渊》“片言可以折狱者,由也与”以及“听讼,吾犹人也,必也使无讼乎”的注疏存在诸多分歧。结合春秋时期的狱讼实践以及孔子在其他场合的论说可知,“片言可以折狱”系孔子采用夸张的修辞手法赞扬子路断狱之能,大意为可以用三言两语裁决狱讼,解决纠纷;“必也使无讼乎”则意谓让人停止争讼,而非彻底消除狱讼之产生。
There are many differences between scholars of ancient dynasties about the Analects of Confucius, Yan Yuan, “The Prologue can be translated by the Priest, and the Prosecution by the Prosecution, and the Prosecution by the Prosecution, and the Prisoners Yan Yan”. Combined with the practice of jail during the Spring and Autumn Period and Confucius’ argument on other occasions, we can see that “Confucianism can break the prison” is an exaggeration of rhetorical devices by Confucius praising the power of breaking a prisoner. The effect is that the criminal proceedings can be decided in three sentences and the dispute resolved; “Necessity also makes no litigation” means to stop the lawsuit rather than eliminate it completely.