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Analysis Of The Legalist's Idea Of Law

Posted on:2009-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:J M ZhengFull Text:PDF
GTID:2166360245490261Subject:Legal theory
Abstract/Summary:PDF Full Text Request
As an important group of thought in Pre-Qin times, Legalist's theory and theoretical perspectives effects in the Spring and Autumn Period;it also has an important impact on future generations and the law laid the foundation for the theory, we have the current era of the knowledge of the basic theory and most sources in that era, despite the interference of the Western concept has been changed. We should be back to the time they lived in order to searching for our nation's law concept of theory, Legalists theory direct aim at holding sway in the ideology that Congguangbahe, open-minded Spring and Autumn era - an era based on the reality of care, For their thinking based on their unique understanding of human nature, in the Governance of the country at all the analysis and comparison with the length of each to Taoist theory as a basis for law will be regarded as "Road" in reality the manifestation of that Act Human society is the "regulation, moment."Legalists that law as a "Road" embodiment "of between man, in line with the people" things, its fundamental purpose is to achieve an orderly social life, "rules" So with the objective of universality, impartiality , clarity, and other characteristics; law is not only reflect the will of the monarchy, is the more fundamental interests of groups. Legalists because people think that human nature is not only the "struggle" and "to Group" is a person who is the host of provisions. And the role of law to do is "set at only fight" to eliminate contradictions in human nature, by maintaining "justice" to protect the people living in a kind of "Governace States" in society. Therefore, the "points" concept is the core of his theory, which is a sub-class and distinction, and the role of distinguished from the division. Shu said: Korenari non-homogeneous, and Donald Rumsfeld have to. Legalists Review deep social life is the essence of irregular levels, with a form of essence to achieve equality of inequality (order), because "of the missing, also of nature" is a social nature of things decision of the possibility and necessity of points. "And" ultimately achieve the state is the "appropriate," and "also are advised to justice," the fundamental pursuit of the law refers to "justice." Thus, the Legalists legal theory, human and material, and goal-directed confirmed the validity of the law. Promote the rule of law and harmony in a modern society, the theoretical concepts Legalists should be an inspiration for us. Key words: Legalists; idea of law; determined range & indisputable; encourage credit and feared violence...
Keywords/Search Tags:Legalists, idea of law, determined range & indisputable, encourage credit and feared violence
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