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On Rites And Law In "Zuo Zhuan"

Posted on:2009-10-05Degree:MasterType:Thesis
Country:ChinaCandidate:D ZhaoFull Text:PDF
GTID:2166360272963645Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Rites and law are the two major topics in China ancient of legal system and institutions. They represent the spirit of China ancient rules of law, as well as the Chinese traditional mode of thinking. Obviously, they constitute the core spirit of China ancient rules of law. Therefore, in different stages on the history, the study of Rite and Law has never ceased. However, since modern times, people's attitude for the traditional Rite and Law contains more criticisms than praise. From the questioning attitude in semi-colonial, semi-feudal times, to the abuse during the Cultural Revolution times, the extreme negative attitude in academic field gradually changed until the China's Reform and Opening Up, coming out of scientific analysis and research.However, after all, it was only 30 years since the Reform and Opening Up, lots of problems and uncertain exist in the research of rite and the law. Especially the research of types and co-relationship between rite and law in the Spring and Autumn Period still maintains at the developing stage. The Spring and Autumn is an important changing dynasty in China's history because the stable rite system established by Xia, Shang and Zhou generations had been greatly impacted. The old system was greatly challenged and the new legal system was still immature. In this transition process, the influence brought by both the old and the new law provides plenty of reference value for today's China.Therefore, "Zuo Zhuan" was chosen as the research object about the rite and law. "Zuo Zhuan" was selected not only because it is a classic Chinese literature which reflects traditional Chinese spirit, but also because it is a credible history interpretation of "Spring and Autumn", recording the early Chinese rite and law at the initial appearance. Therefore, this paper takes "Zuo Zhuan" as the starting point, focuses on the modes, types and co-relations between rite and law and finally put the emphasis on the rule of law in today's China, which proclaims "Harmony Society" as the theme of era.INTRODUCTION: Focus on domestic and international research on the rite and law. Explore the value of research on the rite and law in Zuo Zhuan. Further conclude some research method in this paper.Part 1: Begin with the study about origin of the text; research the history of rite and law; analyze the cause of rite and law.Partâ…¡: Focus on fundamental content of rite and law in Zuo Zhuan; summarize the forms, types and co-relations between rite and law, which include the types of offerings at the ceremony: rite of army, rite of pilgrimage and alignment, rite of majority and marriage, funeral, rite of patriarchal clan system, rite of construct and so on in six kind. Moreover, nine types of law are described: shi, gao, meng, ming, zhi, dictionary, rule, law. Meanwhile, Zuo Zhuan not only described the types and forms of rite and law, but also analyzes their internal characteristic about law.Partâ…¢: Analyze the spirit of rite and law in "Zuo Zhuan" and conclude that the nature of rite is a unique kind of social rules in traditional China. It impacts views and behavior, reflects both internal and external characteristics in a certain era. The nature of law is not only multifaceted, comprehensive and developable, but also more related with real life. The nature of law is a combination and coordination of mandatory regulations among various interest groups in society.After the content of nature of the rite and law, the intrinsic relationship between the rite and law in "Zuo Zhuan" was further analyzed : the relationship changed from coordination to confrontation.Partâ…£: Oppose the current reality. Make a comprehensive summary of co-relationship between rite and law in. Make a discussion about the influence they made for China's contemporary nation legal policies and the Harmony Society development.The methodologies used in this paper: (1) Empirical Analysis. Take Spring and Autumn Zuo Zhuan Note written by Bojun Yang as the original material of Zuo Zhuan. Summarize precisely the types, forms, and nature of rite and law in Zuo Zhuan. (2) Legal Sociology. Carry out research about rite and law at the broad background of traditional society and culture, instead of limiting the research within Zuo Zhuan. (3) Historical Analysis. Based on the historical record, analyze from multiple perspectives and go through the changes in its history.
Keywords/Search Tags:Zuo Zhuan, Rite, Law, Co-relationship between Rite and Law
PDF Full Text Request
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