Circulation Of Tianli

This doctoral dissertation, persisting in Confucian value standpoint, hackles and makes an explanation of the Neo-Confucianism which is represented by two Chengs and Zhu Xi, with the Song and Ming Neo-Confucianism thinking mode. It is not only history of legal thought research, but also Confucianism research.This dissertation looks the etiquette study as the ancient Chinese jurisprudence. Chengs-Zhu's theory of etiquette and law is the result of Chengs-Zhu's Neo-Confucianism's application in the etiquette domain, which is an important link to Neo-Confucianism system, whose main research content is the most general questions in etiquette domain, such as the relations among the principles, the rituals and the laws, the general values of etiquette, the relations between kindness and ritual in Confucianism, the core of spreading rules, and so on.The first chapter outlines the basic frame of the Neo-Confucianism, by the method of concept-to-system, to discover the position of etiquette study, and introduces the basic mentality of Chengs-Zhu's etiquette theory.The second chapter introduces how the natural justice devolving from universal disciplinarian to human law, and explains how the ritual from primitive orders transferring to the human manners, how the three cardinal guides and the five constant virtues going into the basic principles of ancient law. And at the same time, the dissertation draws an conclusion that the main base of etiquette is the natural justice, and the structure characteristics of ancient Chinese laws is the admixture of etiquette and law. The third chapter introduces how the represents of natural justice the is nature of persons. The nature contains the kindness, righteousness, the ritual, the wisdom. Thereinto, the righteousness, the ritual and the wisdom also contains the kernel, the ritual is appearance of the kindness, the kindness is the soul of the etiquette, the righteousness is the concrete marks of the kernel, the wisdom is the tool for kernel and the kindness'forming, the etiquette-system comes from the personal nature.The fourth chapter introduces the spreading of etiquette, the need of people's etiquette and law comes from the struggle between the principle and, the division between the principle and desire determines its rules'content, the division between the principle and one justice promoted an the union of the universality and special disposition, which is the etiquette and system with unified standard and respectively position. Finally, the people will return back to the natural justice, by the practice of thorough investigation and the self-restraint and ritual.Here, the first four chapters completes the goal of the etiquette study. The etiquette study's function is to track down human being's footmark in the natural circulation. Therefore, the etiquette practice is the important link to natural justice in a universal circulation, Chengs-Zhu's etiquette theory is the beauty union between heaven and human, pattern and metal, saint and monarch, Mencius and Xuncius.The fifth chapter chooses four questions among Chengs-Zhu's etiquette theory to discuss, which are righteousness and advantage, kingcraft and arbitrariness, education and punishment, the political reform. And excavates their practical significances which is the concrete applying research to etiquette philosophy. The concrete conclusion is that the national behaviors should take righteousness as the advantage, revere kingcraft than arbitrariness, revere education than punishment, and persist the justice and humanity in the political reform the core value.This article officially proposes that the etiquette theory was the ancient legal philosophy for the first time, taking Chengs-Zhu's theory as its base, and outlines the basic frame of Neo-Confucianism etiquette theory. And studys some fundamental questions of legal philosophy which exists in the ancient and modern time by Chengs-Zhu's methods. Thess three all have the innovative significance in the legal science. This dissertation, with the precondition of keeping the original visage of the history of legal thought, studies the union between heaven and human, between kindness and etiquette, and leads the etiquette study stressing ethics research to the social practice, which also has certain significance to modernization and legalization of the Confucianism.