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HanFei Law Philosophy Studies

Posted on:2009-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z GuoFull Text:PDF
GTID:2155360245994466Subject:Chinese philosophy
Abstract/Summary:PDF Full Text Request
Han Fei is the main representative of the Pre-Qin Legalists. Han Fei basic social advocate, put it in simple terms, that is, the rule of law and values of the rule of law. The rule of law is thought of as today's mainstream thought. Well, Han Fei's rule of law and thought, in essence, is what? Which merits does it have and the insufficiency? This is what this paper is to think about.This paper talks about the point of view from the metaphysical, the rule of law and values of the rule of law; the potential combined with the idea of change by the different things, the origin and evolution of the concept of function and the rational, the phenomenon of certainty and infrastructure; matter when his words, with the law as a yardstick;-jun this thought, The Paradox of the rule of law; to give up knowledge and investigation, the limits of the law and beyond its seven parts of the Han illegal philosophy were summarized and explained. In the rule of law and values of the rule of law, this article from the perspective of philosophy expounded by Han Fei on the essence of good performance tours of impunity for violence, the law should only raped in prison, in specific law on the utilitarian aspects of the four, and a brief evaluation. Han Fei-France, combined with the potential of thinking is the main point, this paper on the Han Fei, potential, which is with the view to incorporate the relationship between law and the potential that is, Law Department have potential; Act and Technology, magic and of the potential, The potential for Yu. Despite claims by Han Fei and potential operation between the irreconcilable contradictions, but we can not deny its feudal autocratic rule for the consolidation of the important role played. World different times, the law should be changed accordingly, the proposed population of Han Fei view of the means of production caused by social conflicts, and accordingly put forward its law on the origin and evolution theory, which is progressive, is more limited sexual. Han Fei and the rule of law is based on the reality that exists. The rule of law and stressed the need to clear incentive. Rewards and punishments are based on utilitarian, function is the basis of a sensible, rational behavior is the foundation. This paper analyses the Han Fei from the utilitarian perspective of the strategy of governing the country by the advantages and disadvantages. Han Fei advocated the statement as a standard to measure Utilitarianism, the matter raised when his words, we should take the law as the yardstick. Han Fei advocated absolute monarchy, all of its legal system is the goal of consolidating absolute monarchy, which can only be to the so-called rule of law under the rule of law is the rule of man. The fact is that statements of the yardstick, that is the correct statement or not, should be based on the fact that, in reality, all the legal provisions are lagging behind, Han Fei-and made to the Senate Kivu, in order to transcend the limits of the law, for this idea justice is valuable.Recognizing Han Fei, in particular its law philosophy is a responsibility. Standing on the shoulders of Past worthies , metaphysical understanding, analysis and summarized Hanfei's law philosophy, is a meaningful attempt.
Keywords/Search Tags:Han Fei, 《Hanfeizi》, Philosophy of Law, thinking
PDF Full Text Request
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