| Zhou-yi is the fountainhead of Chinese culture, including the Zhou-yi ancient classic and Yi-zhuan in two parts. The basic spirit of the whole Chinese culture and can benefit from the Zhou-yi ancient classic and Yi-zhuan to find root causes, including legal culture. Yi-zhuan discussed the legle philosophy thought by the method of interpreted zhou-yi ancient classic,herited and transcend the the legal philosophy of Yi-zhuan contained very extensive, there is not only a natural science, but also the Zhou-yi ancient classic.the mode of thinking is the philosophy basices of the legal philosophy. Though the interpretation of ancient divination, Yi-zhuan creatively constructed a system of Confucian outlook on life and world view, and put both in the organic whole.The legal philosophy of Yi-zhuan had a fally inclusive end equitable character.The legal philosophy of Yi-zhuan in the long historical process of continuous development and improvement, it is the wisdom of our ancestors, but also today’s legal history of the important historical data.This paper selected the legal philosophy of Yi-zhuan as the research object, respectively, from the legal philosophy of Yi-zhuan generated origins, the main content, and pre-qin philosophy various law relationship, the main characteristics and the impact on future generations and other aspects of discussion of this paper is divided into five parts:The first chapter analysis the origin of the legal philosophy of Yi-zhuan. This article will make the origin of legal philosophy in Yi-zhuan aimed at two aspects, one is ancient by the method of the Zhou-yi philosophy, the other is the spring and autumn period and the warring states period philosophy in each method. Yi-zhuan is the interpretation of Zhou-yi ancient classic by the most ancient, the Zhou-yi ancient classics is the most important source of legal philosophy of Yi-zhuan. the Yi-zhuan through the interpretation of the ancient classics, inheritance, development and enrich the method of philosophy of ancient classics.In this paper, the method of the ancient classics philosophy and explore, for Yi-zhuan legal philosophy laid the foundation. Yi-zhuan was born in the era of schools of thought contend. Spring and autumn period, the emergence of the legal innovation thought and the warring states period from legal philosophy is Yi-zhuan philosophy produce important origins. In this article, through analyzing the connotations, the academic thought of the ownership, explains the relationship between classic to biography, not only demonstrates the Yi-zhuan is perhaps the epitome of Confucian wisdom, also learned the essence of Taoism, legalism and mohism and other various.The second chapter focuses on the main content of the legal philosophy.of Yi-zhuan. In previous studies, reviewd and summarized the legal philosophy.of Yi-zhuan. Yi-zhuan.is a book has gone through a long process, and the implication of its philosophy of law must also showed continuous improvement, advancing with the development process. Shi-yi each piece unique, so Yi-zhuan Philosophy of Law is rich in content and writing fluency, expression clear. The author of Yi-zhuan Philosophy of Law summarized the main contents of the caution punishment, supplement with mercy,Respect the virtue and attaches great importance to the public, etiquette combination, harmony and fair, no litigation interest litigation three articles section, each section has discussed the Philosophy of Law contains specific content.The third chapter mainly discusses the relationship between the pre-qin philosophy and the legal philosophy in Yi-zhuan. Yi-zhuan although is the Confucian classics, but it never constrained by the Confucian view, because of the advantage of the time, Yi-zhuan is compatible with several ideas, absorption, director of various thoughts, formed a huge system of eclecticism. As a Confucian classic, Yi-zhuan legal philosophy thought and method of the pre-qin Confucian philosophy is mutual blend, in Taoism, legalism and mohism and other various sublation is adopted to absorb and attitude. Through the discussion of this chapter, can be more clear understanding of the connotations and the relationship between the various ideas, this will not only support the pre-qin’s legal philosophy thought is the important source of the legal philosophy of Yi-zhuan, but also deeply understand the legal philosophy in Yi-zhuan compatible and package quality.The fourth chapter mainly discusses the main characteristic of legal philosophy in Yi-zhuan. This chapter is divided into three parts, inclouds:Yi-zhuan discussed the legal ilosophy thought by the method of interpreted zhou-yi ancient classic, the relationship between man and nature is the philosophical basis of Yi-zhuan, the importance of moral and people is the pursuit of value. This chapter is the summary of the legal philosophy thoughts of Yi-zhuan, show the mature of the legal philosophy thoughts of Yi-zhuan,also show its important value for the ruling class and the development of the society.The fifth chapter mainly discusses the connotations law philosophy thought influence on later generations. When the Yi-zhuan in book form, Chinese society entered a unified era. Therefore, this paper discusses the method of Yi-zhuan philosophy for the influence of the feudal society and the enlightenment to the modern rule of law. Arrival of this chapter in the meaning of topic selection, to the ancient theory of today, through discussing the connotations for thousands of years, the profound influence of the law philosophy to seek legal philosophy in Yi-zhuan enlightenment and significance of the modern rule of law, and the contents of the full text summary and induction.The Innovation of This Thesis(一) Based on the separation between Yi-jing and Yi-zhuan, the author of this paper distinguishes the philosophy of law in Yi-jing from that in Yi-zhuan. Most of the present studies on philosophy of law of Zhou-yi root in the combination of Yi-jing and Yi-zhuan, instead of separating the two area. Since the historical background of Yi-jing and Yi-zhuan are different, specifically in the aspects of politics, society and economics, the philosophy of law of Yi-jing and Yi-zhuan are necessarily of apparent difference. The choice of research topic, i.e. the study on the philosophy of law of Yi-zhuan, is made on such consideration.(二) On the basis of elaborating the relationship between the two laws of philosophy, i.e. that of Yi-jing and that of Yi-zhuan, the author analyzes the heritage by Yi-zhuan from Yi-jing and the transcendence by the former over the latter. The author points out that the transcendence by the philosophy of law of Yi-zhuan lies in the absorbing and abandoning all schools of thoughts, which presents the inclusive characteristics of philosophy law in Yi-zhuan.(三) The author analyzes the interactive and blending between the two philosophies of laws, and points out that the triangle relationships among Yi-jing, Yi-zhuan, philosophy of law in Confucianism. Meanwhile, the author also points out because of such blending and interaction, the philosophy of law in Confucianism can take the dominant position in feudalism law system, which in return makes it possible that, with the development of Confucian thought, the philosophy of law of Yi-zhuan develops itself and influence the future generations.The inadequacies of this paper(一) Since Zhou-yi is profound and contains abundant knowledge, the author should have made a more complete exploration, which leaves a lot of blanks. Particularly, for the discussion and elaboration of philosophy of law of Zhou-yi, because of the limitation of the author’s knowledge, the lack of historical data and the insufficient understanding of the literature, the author has not made more valuable conclusions about philosophical thought, which hampers the depth and width of the study on the philosophy of law of Yi-zhuan.(二) During the writing process, the author is not able to avoid the imprecise understanding and inappropriate application of the historical data. For some proposed ideas, the author has not made sufficient argumentation nor provided adequate supporting evidence, which is left for further research in the future.(三) The arrangement of some of the chapters is not appropriate, and especially, some chapters contains certain disorder. The quotation and reference are repeated sometimes, which is supposed to be improved further. |
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