| With a theoretical differentiation of the ideology systems of between Zhou Yi, Annotation of Zhou Yi by Wang Bi, and Zhou Yi Zheng Yi(An Annotation of Zhou Yi by Kong Yingda, a famous pundit in Confucianism in Tang Dynasty), this dissertation establishes the life philosophical system of Zhou Yi Zheng Yi, elucidates the core contents of law and legal ideas embodied in Zhou Yi Zheng Yi in detail, holds the contention that the fundamental features of the legal ideas embodied in Zhou Yi Zheng Yi consist of three aspects:the philosophical basis of humanism, the value orientation in combination of rite and law, and golden mean as the ultimate goal and stand of legislation, from the multi-perspectives, such as the ontology of Tao theory and ontology of Qi theory, and so on.This dissertation consists of7parts, Preface and Chapter â… covering the background of the study, Chapter â…¡ the philosophical basis, Chapter â…¢,â…£, and â…¤ mainly focusing on the legal ideas of the book, and the last part being a concise conclusion.Section1in the part of Preface lays emphasis on the demarcation of legal ideas. With the guidance of some basic legal principles, the dissertation concentrates on the elucidation of the views and understandings of legislation, judicial system, law enforcement and law abiding, which are embodied in Zhou Yi Zheng Yi, aiming at a better comprehension of the patriarchal clan system and social order existed in Tang Dynasty, which were protected by the legal ideas in the book. From the perspectives of legal culture, of the philosophy of changes, Section2presents a general survey of the previous study achievements about Zhou Yi&Zhou Yi Zheng Yi, among which the most representative is a monograph entitled Legal Phenomena in Zhou Yi by Cong Xibin. Section3is about the motivation of the study, which aims at elucidation of the possible legal ideas embodied in Zhou Yi Zheng Yi, at the investigation of the general theories, historic significance and comprehensive impact of the integration, fusion and coexistence of Confucian classics and legal ideas.Chapter I is concerned with the following two aspects:the sign of the times and the cademic identity of Kong, the author of Zhou Yi Zheng Yi. The early Tang Dynasty is characterized by:firstly, the Confucianism-oriented mainstream, next the perfect fusion of Confucianism, Buddhism and Taoism, lastly enterprising time spirit with vigor. Corresponding to the sign of Tang Dynasty, Kong Yingda’s academic identities are characterized by a devotion to the protection of the purity of Confucianism and tripartite (metaphysics-Taoism-Buddhism) confrontation within Confucianism.Chapter â…¡ covers the philosophical foundation for the present study, explaining how Zhou Yi Zheng Yi establishes an organic life philosophy system based upon the ontology of Tao theory, of Qi theory, taking Metaplasia theory as the main body winged with the theory of being¬-being, of changes. Its core lies in the persistent emphasis on the sense of life and relentless pursuit of the life value in a traditional Chinese cultural context. Its metaphysical theory models are illustrated in developing the logical deduction system of human beings qua human beings. The physical theory models, on the other hand, give a prescriptive, not a descriptive, definition of human beings in a society dominated by rite. The life philosophy in Zhou Yi Zheng Yi underlines two aspects of life value, one is human beings qua human beings, and the other is human beings as ethical beings. It also introduces into the life philosophical system the core Confucian concept of "rite", i.e. the "three cardinal guides and five constant virtues", and thus the ritual studies took in new vital force in the form of theory. The persistent sense of life and the high aiming pursuit of life value, as shown in Zhou Yi Zheng Yi, left impact on the construction of Confucian and philosophical ideas one generation after another, and nursed the soul of Confucianism and philosophy in the ages to come.Chapter â…¢ probes into the legal conceptual core of Zhou Ti Zheng Yi,"the integration of rite into regulation, and the combination of rite and law", which is embodied in the legalization of both Confucian "three cardinal guides" and the patriarchal clan system. The traditional orthodox legal ideas in the Chinese feudal society featured the combination of rite and law, law being a footnote to rite."Wind sneaked into the night, moistened everything silently." Similarly, Zhou Yi Zheng Yi offers an osmosis expression of the tendency towards legalization of the orthodox Confucian "three cardinal guides" and the patriarchal clan system in the Tang Dynasty, taking as its footing stone the ideas that everyone in society should play their roles well.Chapter IV is about the legal ideas in Zhou Yi Zheng Yi, which may be roughly divided into two impartible aspects:perfect moral system and prudence about penal system. The essence of the former is "virtue", which endows the four virtues of Qian Diagram with both the revelation from Heavens and the ability to understand the vicissitude of real social life, empirically specifies itself as "high morals" macro requirements of national administration and micro requirements of personal self-cultivation. The macro requirements of national administration. On the macro scale, perfect moral system basically demands the ruling to benefit the ruled, to employ the wise, to remain temperate, and to educate the people; on a micro scale, it lays emphasis on loyalty and filiality, self-control and modesty. The main contents of prudence about penal system in Zhou Yi Zheng Yi were fully expressed with Symbolic Penalty, the principles of applying penalty, and the theory of punishing intention. Firstly, on the scaffolding of the cultural features of the early Tang Dynasty and the fully developed research on Confucian classics, the legal system introduced Symbolic Penalty, as demonstrated in the punishments symbolizing the five executive penalties at the time, i.e. colouring the criminal’s clothes red to resemble the blood shed by the criminals if they were punished with nose-cutting or ear-cutting; covering the head with a scarf instead of tattooing the face; dressing the criminal in collarless clothes for decapitation. The Symbolic Penalty replaced the real execution of physical punishment with symbolic punishment. It was enforced under the influence of the Confucian theory of rite, aiming at civilizing the subjects. What’s more, Zhou Yi Zheng Yi persistently asserts that the governing of a country should focus on ruling with rite, with the aid of penalty, which forms an integrate system of penalty featuring its particular principles of applying penalty—clear distinction between intended and unpremeditated crimes, misdemeanor charges, and severe punishment. They were in accordance with the cultural features typical of the early Tang Dynasty, which can be evidenced in works like Commentaries on the Laws of Tang, and Memoirs of Zhenguan, ect. Lastly, when it comes to punishment teleology, as demonstrated in Zhou Yi Zheng Yi, it can not be defined simply as retribution theory or prevention theory, but executing punishment in accordance with the specific context of the crime. Its endeavors in pursuing both retribution theory and prevention theory leave them to strengthen each other to achieve a high goal. Both were constructed on the framework of patriarchal clan system in Tang Dynasty to preserve the social ranking order of emperorâ†'dukesâ†'ministersâ†'officialsâ†'civiliansâ†'slaves. Ceremony, justice, social morals and ruling with virtues, those are the dominating ideas of the punishment teleology in Zhou Yi Zheng Yi. As to the relationship between perfect moral system and prudence about penal system, they were indispensable parts of the legal ideas in the book, mutually dependent, influential, supplementary, and reciprocal.Chapter â…¤ presents the features of legal ideas in Zhou Yi Zheng Yi—the philosophical root in humanism, the value orientation in combining rite and law, and the relentless pursuit of golden mean as the ultimate goal and stand of legislation.The last part, Conclusion, makes a brief summary of the findings of the present study, that Zhou Yi Zheng Yi reflects the legal practice of the Tang Dynasty. Through a vivid representation of the legislation practice and an indirect reflection of the judicial activities at the time, Zhou Yi Zheng Yi contains and expresses rich and plentiful legal ideas, which shine as beautiful diamonds in the treasure of Chinese traditional thought. |
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