The Law Of The Word In Weishu

In the Eastern Han dynasty,it is different from the "ChenShu" of the ex-dynasty and the "ChenweiShu" of the later dynasty.It experienced the academic " classicsalization " and the political "legalization" before its fame and reality,and thus became the inner background of the legal culture of the Eastern Han dynasty.WeiShu “classiclizationg” and "legalization" to complete the monastery of the early three generations of monarch: GuangWu emperor Liuxiu,Ming emperor Liuzhuang and Zhang emperor Lliuda,is for the Eastern Han dynasty once they established the principle of legal culture,set the tone,and achievement for posterity relishes “Guangwu Zhongxing” and “The times of emperor Ming and emperor Zhang”.After the reign of emperor Zhang,the politics of the Eastern Han dynasty gradually declined and finally entered the chaotic world.The blueprint for the reign of three generations of emperors was eliminated from the chaos of power struggle before it was launched.It was finally forgotten by the world.Scattered in the vast historical documents and inscriptions,the author's collection of the scholars in Ming dynasty and Qing dynasty was preserved.Today,thanks to Japanese scholars????and????,whose“Weishu Ji Chen”,and Dong's"Liang Han Quan Shu",two contemporary works on the"the legal world in Weishu"are collected to explore the true nature of the legal culture of the Eastern Han dynasty.This study is to collect and classify historical materials related to legal culture in Weishu one by one.The main body of the paper consists of five chapters:chapter 1 and chapter 2 sorts out the process of the“classiclizationg”and"legalization"in the early Eastern Han dynasty,and defines the research object and theme of this thesis.The second,third and fourth chapters,based on the classification of legal historical materials of Weishu,are further sorted out and analyzed,and the"legal world in Weishu"is constructed from the three dimensions of"legal historical view","royal authority norm"and"legal content and carrier".Chapter one is "the classics of Weishu".The "classicsalization" of the Eastern Han dynasty originated from the mutual evidences of wang mang's time,which began in the guangwu time "with the Tuchen set the clasicss",and finally finished the "unification of the five classicss by Chenwei" in Baihuguang conference of the emperor Zhang.And Bangu's Bai Hu Tong Yi,which has been handed down to this day,can be said to be the final result of the “classiclizationg” of the weft in the Eastern Han dynasty.Chapter two "the legalization of Weishu".The legalization of Weishu includes three processes: "codification","criminalization" and "codification".The "definitive edition" of Weishu was completed in the late Guangwu emperor of the Eastern Han dynasty.Then,at the time of emperor Ming dynasty,the person who made the legend was punished for the crime of "inmorality".Once there,Liuda held a meeting on the concept of the Baihuguan,"the scholars of the meeting gave a speech on the five classicss,and made a theory on the five classicss of Bai Hu Tong De Lun".Chapter three "legal historical view in Weishu"."The son of heaven after heaven" and "the son of heaven" said that the son of heaven as the successor of heaven,his identity and authority of the acquisition and loss of the conditions,the answer is the son of heaven and heaven relations.The son of heaven,ordered by the sky,therefore "not private",must follow the law of heaven,the son of heaven must not "blasphemy." "Tianzi ordered" is to solve the problem of how tianzi communicates with tianzi,how to command tianzi,how to learn from tianzi,and how to govern tianxia.The theory of "ordered from the south of heaven" held by the weft is based on the "departure from the Gua",which is intended to make an effort to "Wei" the argumentation system of the legitimacy of the whole Eastern Han dynasty.Weishu adopts the ancient history system of three emperors,five emperors and three Kings.The initiator who started with the three Kings as the heaven and the earth,said that the five emperors should always be ordered to start with the five virtues,and said that the three Kings discussed the changing circulation of "cultural quality".The order,variation and circulation are the three points of the historical view of the legal system.Change the ways of the new king;change the ways of the old king.Circulation,although the new king will change the law of the old king,but must follow the law of "cultural quality".Chapter four "the rule of imperial power in Weishu".WeiShu argument about the legality of the imperial power in the system composed of two theories: one is the " Confucius is the Han Dynasty legislation ",the second is "every three hundred years of change ".From the legal and historical data of Weishu,the system of the han family is the result of the integration and game of the " Confucius is the Han Dynasty legislation" and the " The Han Dynasty inherited the laws of the Qin Dynasty ".The emphasis of Weishu on the " Confucius is the Han Dynasty legislation " is to bridge the gap between the theory of Zhou in the Han dynasty and the historical facts of Zhou,Qin and Han dynasties.And other Juan makes this kind of focusing on theory,are required to aid prophetic-mixed,visible,the importance of prophetic-mixed in the Eastern Han dynasty.While perfecting the argumentation system of the legitimacy of the imperial power,the author also strengthens the restriction of the imperial power on the legislative system and ideology,which includes the two aspects of "establishing the official by law" and the disaster warning." Reference heaven set an officer" is an important principle of the two Han officials set,the celestial star officers and the human counterpart.The purpose of the disaster warning is not to punish,but to hope that the king "change the body and mend the government" to eliminate the disaster.At the level of "political reform",there are the ways of "dethroning lawlessness" and "absolving guilt".The judicial practice of "dethroning lawlessness" in Eastern Han dynasty is mainly "record prisoners".On the aspect of "self-cultivation",there are the common practice of the emperor issuing a decree for himself due to disasters,and the system of "three public officials to avoid disasters".In addition,"after the two Kings of the unfaithful" in the book carries forward the thought of the ram's study of "Tong San Tong",which is also a restriction on the imperial power.Chapter five "the legal system in Weishu".On the basis of Confucian "morality,courtesy,politics and punishment",Weishu advocates the system of "politics,religion,etiquette and law"."Virtue" is the basis of the king's command."Political,religious and ritual law" are from the king,all used for reign."Li fa" has the meaning of "li dian",and "li fa" in the han dynasty should be within the scope of "written law".From the perspective of legal publication,"code of conduct" and "order" have the same procedure and nature."Politics and religion" is the end of the king's "governance".Political and religious people are also appointed by the ruler."Shun four times" is an important principle to be followed by the king.Weishu links the changes of Yin and Yang,five elements and four seasons with the "politics and religion" of the emperor.On "punishment","punishment","five punishments","prison" and related content.WeiShu embarks from the Confucian "benevolence",will be "?","punishment" release stress "punishment" of "life","all day".For example,Xiaojing Wei interprets "punishment" as "teaching" aimed at warning,and differentiates the "wrongdoer" from the "guilty one".The difference between "punishment" and "punishment" lies in "severity".There are also names such as "elephant penalty","zhuolu penalty","gong penalty","five penalty tools" and "release".The legal forms in Weishu include "law","order" and "subject".General name of "Fa" with "Lv","Ji","Ze",”Ju",”Du”,”Jie”,another of the "art of war","law of kill","law of the four seasons" etc.The name of the special "law".There is a common law in Weishu.The so-called "constant law",namely permanent law,permanent law.There are six orders in the book: "pardon order","teaching order","Ma Zheng"," Building law ",”Dao Ling”and ”Bajun Ling”.There are also good and evil.There are two good orders: pardon and virtue.There are four evil commands: violent command,crazy(or harlotry),urgent command,female command.There are three types of change: Ge Ling,Geng Ling and Bian Ling.Four conditions must be met if the order is to be enforced: the order must come from the king;A government decree must be "in keeping with heaven","in keeping with the people" and "at the right time";To issue an order to make the people "fit for the time";“Decrees unified” is required.The Ke and Ping in Weishu is more about the meaning of "system classification".