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A Study On The Words Applied In The Legal Field In Erya

Posted on:2005-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:J D ZhaoFull Text:PDF
GTID:2155360122992788Subject:Chinese Philology
Abstract/Summary:PDF Full Text Request
Language is of a social phenomenon, especially of a cultural phenomenon. Erya was published in book form in the late Warring States. It is a collection of exegetical materials, systematizing and preserving the vocabulary before the Qin-han period, and the words colleted by it reflect the general picture of the vocabulary of the Pre-qin period. The paper judges, classifies and makes philological studies on the words which are applied in the legal field collected in Erya, with reference to the features of the formation of the language of law in Xia-shang-zhou periods. The paper also probes into the reasons of the entrance of these words into the field, by which it tries to see through the early law culture of the Chinese, and its intensions.These words in Erya which are used in legal field can be clssified into three kinds:!) one is interpreted only as the words of law in Erya;2)another is interpreted not only as words of law, but also as ordinary words.The different interpretations of a word can reflect the different ways of its extention;3)the third kind is interpreted only as ordinary words in Erya,but they can be explained as the words of law in Pre-Qin books and records or they can reflect the legal culture to a certain extent. After this classification, the paper studies these three kinds of words one by one.The reasons for exegeting these words in Erya mainly include: 1) the names of implements on which the words of law are carved and casted are extended as the formal nouns used in legal field; 2) the words of the sacrificial prayers and the ruler's administrative decree, have the same power as law, for they embody the God's and the sovereign's will; 3) the extended meanings of the words accord with the core of the law, that is, the principle of fairness and justice; 4) the extended meanings of the words accord with the compulsory priciple reflected bythe meaning of binding and standardizing of laws; 5) the extended meanings of the words accord with the spirit of evenness and harmony and order of Confucianism ideas; 6)the extended meanings of the words accord with the prudent attitude to law held by the ancient Chinese; 7) Some words should combine with their cognate words to get the meanings .The features of the ancient legal culture which are reflected in these words include: 1) the religious characteristic of the ancient legal culture 2) the characteristic of power of the ancient legal culture ; 3) the implement characteristic of the ancient legal culture; 4) the ancient legal culture emphasizes harmony, fairness and just,but prohibit dispute and unjust; 5) the characteristic of pluralism of the ancient legal culture.To sum up, the exegesis of the words in Erya can reflect the features of the language of law in Pre-qin periods. Through the analysis of the principles of exegesis, it can see though the early law culture of the Chinese and its essence.
Keywords/Search Tags:Applied
PDF Full Text Request
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