The Study And Comparison On Realization Of Ancient Qualification And Right To Education

The thesis belongs to the research category of crossover study of education history and legal history; moreover, it owns a sporadic thinking of jurisprudence. To consider subject issue of ancient Chinese and Western educatees as origin, to take educatees, the qualification of education, the right to education and whose realization as constructive study key, at the same time, the dynamic concept of "avoiding privilege" permeates around, it tries hard to import the concept of "qualification and right to education" to category of jurisprudence, to see through changes of ancient education system which mixes with political enactment and legislation, to deliver the real scan and historical revivification of implement of "avoiding privilege" in qualification and right to education from slavery to feudalism and to closer era..Positivistic analysis of historical comparison and logical analysis of judicial argumentation is the main study means in this essay. But details are created followed by elements below: concept of jurisprudence, view of legal history, materials of educational history, subjective argumentation and dispersive comparison. Educatees' Interfluve under Privilege system, qualification restrict of ancient Chinese educatees, especially for the right enactment and realization of ancient Confucian scholars who followed with the confliction of "privilege" and "avoiding privilege" is what the essay tries to exert itself. Western city-state culture, which fluctuated with franchise, magisterium and kingship, established excellence of "avoiding privilege" with light of law to ancient Greece, ancient Rome, universities in Middle Ages and Reformation to the enactment and employment of right to education. Refer to comparison of realization of right to education in China and the West under feudalism system, the essay objectively gives insight about "same but also different" qualification and right to education in China and the West.The essay constitutes three parts: the guide, the text and the conclusion.The guide, also the part one, begins from a prefixed proposition called "qualification of education", it gives a series of textual research about qualification, social identity and right: starting with English derivation of right to education, discussing principles of jurisprudence, tracking out different concept and sapiential contribution about human right, right to education etc. from different scholars. The essay submits a given fact that before naissance of the concept of right, as a natural right, right to education had already existed. At the same time, the essay tries to post multidimensional character among "right", "right to education", and "human right" by constantly switching views and by starting with each annotation of jurisprudence, history and study of language circumstances etc. As to unscrambling ancient right to education in Orientalism, it enlightens us a bit thinking of existence and construction of Chinese and Western right. On this base, it ulteriorly advances approximate consideration about qualification and right to education, moreover, combining up different meanings of realization of right to education, it puts topic of education history which discussed much behind together to study of legal history.The text is from part two to part six. Part two is mainly about instruction of ancient educatees and their interfluve under privilege system so that to lead discussion on questions of privilege and "avoiding privilege" of ancient enactment of qualification to education which focuses especially on normal educatees' restriction when going to school and "privilege elimination" of some privileged educatees such as students of the Imperial College. The vicissitudes of the title of "Confucian scholar" and realization of its right to education is key topic for discussion in part four and also the target of essay. Part five is about historical force of city-state culture beginning from ancient Greece to realization of ancient right to education, Part six puts emphasis on Chinese and Western comparison on the face of realization of right to education in feudalistic society.In text, the study on subject and subjective qualification of ancient Chinese and Western is mainly in part two and part three. Part two is study of subject. Firstly, it outlines a whole menu based on class and privilege, broad sense and narrow sense, official school and private school, law and moral, education and examination etc. by observing different aspects such as name of ancient Chinese educatees, setting of concept and so on; secondly, here comes out main style differentiation about educatees in ancient Chinese official college according to qualification and social position, class and race. Going alone with development of ancient Greece, ancient Rome to Middle Ages in Europe, the essay has longitudinal inspected ancient educatees in Western; finally, the orientation and classification to ancient educatees under privilege system, called "privileged educatees", "rest educatees", "deprived or restricted educatees" foreshadows the discussion about interfluve in ancient Chinese and Western and whose concussion to privilege system. Part three is developed around struggling of privilege and "avoiding privilege" and enactment of ancient qualification to education. One side, it helps to hold Chinese and Western development path of ancient school enrollment qualification by introducing ancient Chinese and Western enrollment qualification; on the other side, by introducing privileged enactment in Prince education and enrollment qualification of imperial clan and related privilege, at the same time, by setting off contrast on qualification restriction that faced to common Confucian scholars in taking part in imperial examinations, the essay post "avoiding privilege" character represented by Confucian scholars in (enrollment, imperial examination), that is "avoiding privilege", in process of ancient education system's equality, is a gradually historical necessity, but it is also a production of hesitating system.Part four closely around motto of "when a student finds that he can more than cope with his studies, then he takes office", to develop the discussion about realization of qualification to education in changes of Confucian scholars' social identity around the vicissitude of "scholar" and household registration system of "four class society" and crucial influence of Confucianism to Confucian scholars, confucianists, Confucian officers. What inspires us is the connection of "scholar" and Confucianism actually is a process from qualification to education to an identity privilege. For example, "scholar" in the Western Zhou Dynasty is totally different with that in the Spring and Autumn Period; "scholar class" in Wei and Jin Dynasty is also different with "Confucianism" in Yuan Dynasty; the specially given privilege and registration management for "disciple membership" is directly effect off-Han Dynasty and later even Dynasties in solidifying the system of avoiding corvee of official students; imperial examinations was established in Sui and Tang Dynasty, contemporarily with termination of family status privilege, but also derived professional privilege according to profession identity, "scholar"(household) and "scholar"(human) as principal of "four classes society" have never been changed. Because of abundant connotation and extension of right to education, the essay especially chooses "enrollment right to education" and "right to imperial examinations' as cut-in point in inspection of realization and endowment of right to education in Song Dynasty and Ming Dynasty, while for detailed inspection to right to education in reign of minority, the essay emphasized discrimination policy in Yuan Dynasty and objective changes of privilege to equality of Man and Han nations. After all, the aim to put emphasis on discussion about "right to education and whose realization in social identity changes of confucianists" is to post character of "right to education for office" and its realization because that right to be on official is a kind of ancient right to education that cover the most people, the longest and the most abundant in right connotation, the establishment in imperial examination was achieved great advance in the road of "avoiding privilege", at least people in the lowest social stage had got equal chance formally. "right to be on official", with enrollment right to education, right to imperial examination, followed with destroying of discrimination on social identity, at the same time, permitting converse social changes among "scholar, farm, labor, merchant", accomplished the terminal value of "avoiding privilege" which is on speaking terms of identification of confucianists' right to education.In part five, to sum up the development of ancient Western education with historical clue is a gradually realization of right to education under drive of city-state culture. This part mainly develops discussion around this question. The cultural contrail of ancient West, with city-state culture in Greece, after the reign of empire Rome and thousand years of Middle Ages magisterium, went to city-state culture after business renaissance again, with the Renaissance and rising of Reformation and the Enlightenment, it finally had accomplished historical span from Slavery culture, Feudalistic culture till Capitalistic culture. Right to education, from a legal privilege contained in "civil right" in ancient Greece and ancient Rome, to religious entity converted to "Christian right" of Western Europe: the contradiction of feudalistic privilege (Christian, common customs) and (divinity) equality went through ablution of city-state culture to oppose magisterial by royalty, to deny privilege in magisterial and royalty by human right, and to accomplish the terminal aim of "avoiding religion" and "avoiding privilege". The historical changes of "Right to education" From an affiliated right and qualification to a right with meanings of modern times was one of a great achievement to city-state culture which related to ancient Western education system for the educational culture's development.Part six is about comparison of realization in right to education under feudalism society. The essay adopts detailed and special featured explanations style. For instance, for the great difference of culture and education ideology origin in Chinese and Western under enactment of right to education, the essay developed a dynamic comparison on such ideology by establishing in the difference of "social human" and "religious human". The essay posts culture character in receiving education of ancient "social human", such as "instruction of ceremony and propriety" in which obligation absorbs right; "instruction of human relations" which does good to others and oneself; "science be on official" which is usable for ages; scholars which blends with humanism and common customs, etc. Contemporarily, "religious human" in Western Middle Ages chose to practice austerities was natural result blended with arrangement of system and culture. Again for example, about right and responsibility realization of educatees, the essay puts emphasis on enrollment qualification and exhibition of right and duty to education. It iterates and validates Mr. Mayer's wise judgment by making clear of monopolized right to education according feudalism privilege class's "status right" , that is social development rule is "from status to contract". In other words, the common rule to discriminate subject qualification and status in Chinese and Western feudalism is "social identity" decides status, "social identity" decides class and form to receive education, and just educatees who were affirmed by ruler can own the right to education. In addition, according to a general comparison on female's situation of receiving education in Chinese and Western feudalism, here goes on a true historical conclusion: the chance that Western European female owned in Middle ages was more free and wide than ancient Chinese female get, but after all, there is also no real right to education under the meaning of modern times. At the end of the comparison, writer mainly studies differences and specialties in respect of sources of education funds and related system endurance in ancient Chinese and Western, for system of fields belonging to schools after Song Dynasty and donation in Middle Ages Western Europe, the writer gives detailed discussion. Besides, comparison in realization of "avoiding privilege" in China and the West also reflects differences and social characters. By discussion of above topic, we find that "right to education", the topic between education history and legal history still has some new view.The conclusion is located in part seven. Writer uses style of self-question and self-respondent to explain likely difficulties or main topic that needs to be discriminated by looking back to opened question and disabusing of right to education. For reason of the topic and length, there is no directly discussion to right to education in meaning of modern times, but it is also hoped to propose new theme to such questions at present.