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Briefly Analysis About Legal Education Of Pre-qin Dynasty

Posted on:2008-11-22Degree:MasterType:Thesis
Country:ChinaCandidate:L GuoFull Text:PDF
GTID:2166360242465219Subject:Law
Abstract/Summary:PDF Full Text Request
The question on legal education is mostly a question on law. The ancient laws in China were born with the power of state. Although developed, they are dependent all along and are subjected to politics. China has the tradition of focusing on education, so it is impossible for laws to be separated from the educational effect. Therefore, the term of "education of law" in fact, includes two levels of meaning: 1) education of law just means the value of tools to seek its educational implication as an educational means; 2) the legalized education is just the educational meaning the concrete law system and the terms of law include. When one educational system blended with law come into being, the author thinks it stands for not only the implication of the complex and deep social reasons after the system.The law system in the Dynasty of Xia, Shang, Zhou is characterized by "being temporary and not being made in advance". In response to it, its educational system of law is embodied as the combination of education and politics, and the education of law as the slave owners' privilege was taught only among them. New changes took place in the Spring and Autumn Periods and the States War—the movement of standardized law sprung up. Meanwhile, a big change also took place in the educational system of law—the old private schools were on the decline, private schools sprung up. The Zhou Royal Family's loss of power directly led to the breakdown of the old educational pattern with religious manners as its educational contents, and brought about a new social class—"Shi", thus guaranteeing the teaching faculty for the development of private schools. In the late States War, the Qin Dynasty carried out political reforms under the guidance of law thoughts from Shangyang and Han Feizi, etc. and the perfect educational system of law in the early Qin Dynasty came into being. This paper deals with the essence of private schools and the reasons in politics for the return of lawyers' education of law to the public schools by tracing the course of changes—the public schools-private schools- the public schools from the Dynasty of Xia, Shang, Zhou to the States War Periods and its corresponding changes in law thoughts. Considering these documents such as Shiji, Hanshu, Shangjunshu, etc, this paper puts forward the view that the changes in the educational system of law in Early Qin Dynasty is the necessary result of the revolution in political thoughts of law, thus demonstrating that the education of the public schools have the same essence as the private schools; also, this paper represents the answers to how promote the law thoughts and how to promote law modernization based on the education of law. At last, this paper raises three pieces of advice on how to modernize China's law.
Keywords/Search Tags:education of law, system of law, the public schools, private schools, legalist
PDF Full Text Request
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