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The Humanity Theory In Han Fei's Ideology And The Law-Practice Of Pre-qin Dynasty

Posted on:2008-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:G WuFull Text:PDF
GTID:2166360215452423Subject:Legal history
Abstract/Summary:PDF Full Text Request
This thesis first carries on the brief analysis to the human nature, then the human nature a series of questions carries on the discussion in view of the Han Fei's thought in, finally derives Han Fei to rule a nation the practice and the modern enlightenment which produces based on its unique human nature theory. The whole text divides into three parts:The first part is to the human nature brief analysis, took the philosophy category the human nature question, is possesses about person's theory foundational proposition. Therefore, the author first mentions from the philosophy, carries on the analysis to the human nature question with the philosophy angle.First, the author first carries on the comparison to the abstract theory of human nature and the Marxism theory of human nature,analyzes the abstract theory of human nature a series of flaws, in to abstract theory of human nature and in Marxism theory of human nature comparison process, also had a sober understanding to the Marxism theory of human nature, then obtains to the human nature question correct localization In after human nature had the preliminary localization, the author starts to the human nature question structure and the characteristic carries on the analysis, to the human nature constitution analysis, the author is carries on from human society's development vein, develops the initial stage from the human society to develop to the productive forces to the certain stage, then arrives civilized society the near modern age, along this vein, the author discovered the different society historical development stage human nature constitution is different, in human society's initial stage human nature mainly consist of the natural attribute , with society's gradually development, the human nature also gradually changes by the social attribute constitutes.Next, after carrying on the brief analysis of the human nature, the author starts to analyze the Chinese tradition human nature thought theory. The human nature in the Chinese history is an ancient question, people always argues continuous but cannot draws the conclusion. But a hidden rule is: China's saint mostly explain the human nature from the social ethics angle,also is explains the human nature from friendly and the wicked angle. Therefore, studies the Chinese tradition human nature thought theory to be allowed from the human nature good and evil relations for cuts into the spot, until studies inspects some thinker's human nature theory. The author started from the Confucianism, summarized four different theories of human nature and carried on the analysis in this foundation to the Chinese tradition human nature theory. From the human nature and the human sentiment relations, the human nature and the personality relations, as well as the human nature and the ideal relations carry on the analysis to the Chinese tradition human nature theory, obtains the Chinese tradition human nature is precisely relies on the human sentiment, the personality and the life ideal unceasing development, is rich the conclusion which but consummates day by day.The second part is the main body. In this part the author analyzes Han Fei's human nature thought theory from the different angles.First, the author elaborated the time background of the Han Fei human nature, any historical personages are the time pet, Han Fei are not exceptional, his thought is its locates the time society, political, the economical development product, is bases at his locates the spirit of the age thought creation. Han Fei as pre-qin legalist, he was indirect or direct experienced social, political, the economical, the thought transformation, the profound understanding to then spirit of the age, received the inspiration, and then has had his unique theory of human nature.Second, in which produces after the Han Fei human nature thought the time background carries on the elaboration, the author starts to Han Fei's concrete human nature thought to carry on the analysis. The author divides into 5 parts to carry on to Han Fei's human nature thought elaborated that,First, Han Fei's understanding and localization to human nature. In this part,author thought the human nature which manifest in his work carries on the comparison from the system theory of human nature angle and Han Fei, has obtained the conclusion that Han Fei is a system theory of human nature.Second, Han Fei's observation and use to human nature. The Han Fei body place world tends to in the unification victory the later period, this historical situation not only urges the various countries' development economy, the realization rich country and strong army goal, moreover also urges in each country to have the intense patriotic warm capable person of integrity to ponder how urges own country to be in a more advantageous position in this historical trend. In the Han Fei body place this history reality, rank smell of blood dispute and plundering between the what one sees and hears various countries, based on the status and the environment which its located, Han Fei under his unique experience angle of view to the human nature has carried on the original observationThird, Han Fei's human nature thought characteristic. In this part, the author from holds the political thinking to Han Fei to start to mention, carries on the analysis to his human nature thought theory, gradually realized is merely embarks to Han Fei from the experience fact angle, generally has the human majority of normal individuals institute, can not but have need as the person with the motive to take the human nature basic content, he is rests on the reality about the human nature inspection the fact and own experience, merely has made the judgment and the description to the human nature;Fourth, Han Fei's human nature thought flaw. Any thinker's thought all possibly can have the certain oversight and the in sufficiency; the author thought Han Fei also is so. Han Fei and his original to the human nature analysis, also and its the extreme, its logical result potential will certainly to the human nature understanding to advance an extreme, this is Han Fei to the human nature understanding first flaw; Han Fei regarding in the award and punishment two handles uses, based onto human nature is negative too profoundly knew, also appeared the deviation; Han Fei while from constructs the oneself law theory based on the human nature for the self-interest, also has made a logical error, his any kind of system designer can the object which and serves oneself remove outside the applicable scope, Han Fei also is so in addition; When, Han Fei treats the human nature question has repelled the moral function, when appraises the character cancels moral this, thinks immaterial.Fifth, Han Fei and other legalist school human nature thought similarities and differences. This part may sum up as further elaborated to the Han Fei human nature thought characteristic that, only has through the comparison only then may see same and is different, also can see a thinker to hold the thought uniquely place. In this part, the author mainly to Han Fei and Guan Zi, Han Fei and Xunzi's human nature thought has carried on the comparison. Guan Zi took legalist school early time the representative person age, his human nature thought and Han Fei have very many similarity, this similarity has manifested Han Fei to the Guan Zi theory of human nature continuation and development; Because Han Fei studies with a master to the Xunzi hanger-on, has derived the rich nutrition from the Xunzi's theory, naturally cannot not be impossible to the Xunzi theory of human nature to look but not see. Therefore, the Han Fei human nature thought and Xunzi's human nature theory have the very complicated relation.The third part of this thesis is to the Han Fei human nature thought elaboration further development, any thought is the achievement of that time ,the certain time background and individual subjective factor have caused the certain thought production, also can certainly produce based on the certain thought rules a nation the theory, some specific historical period thought also could have the practice significance to the afterwards society.First, the author elaborated Han Fei a set which constructed based on his human nature thought to rule a nation the theory: Law,technique,potential. Han Fei based on his reality experience to the human nature ponder, nothing but is serves for its feudal ruler. Through carries on the observation and the analysis after the human nature, found sovereign to control the people and the official under the emperor "two handles", also is "enjoys" and "punishes", national sovereign has "the award and punishment" two handles, certainly did not mean he may along with enjoying which wants, has one's wish punishing, but he must announce the law is a standard. Looking from the method aspect that, must have the technique, lies in with the technique knows the person friendly to use, after uses the person had the comprehensive understanding, with his wisdom and energy, technique of the servant regarding rules a nation said is extremely heavy. Han Fei gathered the law and the technique is called left and right hands man.Han Fei which sovereign governed the world for sovereign to establish the law and the technique government country left and right hands man, how then method and the technique could obtain from sovereign the body implements and carries out? Therefore, Han Fei specially takes "the potential" the function, Han Fei in has completed after "the potential" the transformation, has formed him "the law,the technique,the potential" three had the achievement government machine unification to rule a nation the theory, looked like in Han Fei, said regarding Sovereign, three is indispensable.Next, in rules a nation the practice after Han Fei to analyze, the author thought has the necessity to carry on the model to its thought. A person's custom regarding his growth is very important, phase of history congeal the thought essence to now also have the very important model significance. In this part, the author carries on the elaboration from politics and the economical angles. In politics, Han Fei's complied with the human nature carries on the idea which the rule and legally rules a nation although has its history and individual limitation, but in which contains have the very important model significance for today. In the economy, Han Fei "is rich by the strength" the positive attitude as well as the person numerous wealthy widowed inference said regarding today society, also has its essence to be possible to take.
Keywords/Search Tags:Law-Practice
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