Font Size: a A A

The Thinking On Xunzi's Theory Of Ritual Law By Legal Culture

Posted on:2009-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:L L TangFull Text:PDF
GTID:2166360272957807Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Law,as a culture phenomenon, Rooted in a history of the environment,is a reflection of culture of a certain period of time. Legal culture, as a cultural concept of a subordinate, to understand or explore it, must be premised on the understanding of culture at that time. In the cultural context of the law and its legal analysis of thinking, is advantageous in the understanding law and the legal thought value and the significance. As the legal culture has inherited, the analysis of traditional law and its legal thinking on the basis of an abstract also the law of the State and its legal thinking of the law of development of a country's rule of law is of great theoretical and practical significance.Xun zi, as the master of the pre-Qin thought, the essence of his thinking is made at the law with the idea that the ceremony of legal theory,named theory of ritual and legal science. Xun Zi thought that must reconstruct the social order,"the ritual " is essential, this is because,"the ritual " is the governing principle politics guiding principle, is the high and low is able to discriminate, precedence maintained between seniors and juniors basis. Xun Zi while is emphasizing"the ritual"important, but also emphasized specially"law"the important meaning, believed that a country, the pure dependence"the ritual"is unable to govern, but the law governs one of national important means. If to violates the law ,the human does not perform to punish, the people will refuse to accept, the society will be unstable. Therefore, Xun Zi in absorbs in the strong points of various schools, proposed"prosperous ritual heavy method", the etiquette develops simultaneously position. Xun Zi's position has the positive sense without doubt regarding the national unification, has also had the profound influence to the later generation, namely,"prosperous ritual heavy method " has become all previous dynasties each dynasty substantive governing guiding principle, thus occupies the important status in the Chinese history. This article attempts from the law chemistry angle, in analysis the theory of ritual and legal science produces in cultural context's foundation, introduced Xun Zi's theory of ritual and legal science the primary coverage and the historical situation, then show the the modern value of Xun Zi's theory of ritual and legal science.The paper divides into five parts. The first part, introduced the elementary theory of law chemistry, elaborated cultural, the legal culture's connotation and between the two's relations, showed the modus operandi cultural science carries on the analysis to the Xun Zi thought the importance and the value. The second part analyzes the background which Xun Zi's theory of ritual and legal science produces, through the analysis, has promulgated the inevitability and the rationality that Xun Zi's theory of ritual and legal science produces. The third part , in analyzed Xun Zi's theory of ritual and legal science to have in the reason foundation, system's introduction Xun Zi's theory of ritual and legal science content, has discussed the etiquette origin,"prosperous ritual heavy method", etiquette being suitable and"has governs the human, not governed the law"and so on important thoughts. The fourth part from the law chemistry's angle of view, has analyzed Xun Zi's theory of ritual and legal science historical situation, elaborated the influence which to Chinese activities and so on feudalism legislation, judicature produces of Xun Zi's theory of ritual and legal science. The fifth part, in the acknowledgment culture has inherits under the premise, has analyzed Xun Zi's theory of ritual and legal science to the Contemporary China government by law construction value.
Keywords/Search Tags:Xun Zi, Theory of ritual and legal science, Legal culture
PDF Full Text Request
Related items