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Study On Ideologies Of "Fa, Shi, Shu" About Hanfei

Posted on:2009-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y N DiFull Text:PDF
GTID:2166360272974000Subject:Legal theory
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Legalist ideology was born in Chunqiu-Zhanguo's period when the society reformed greatly, the ideology was famous for country's flourishing and law ideology. Legalist ideology was different from the other coeval theory, it advocated to realize the governs order using the most actual and effective methods. Hanfei was the representation of legalist, his theory represented the opinion of administering country and embodied the legalist ideology roundly. In history, the research to Han Fei and Legalist ideology never stoped. Because of the legalist's revival , people took this idea more interested. The core of Hanfei's law ideology is"fa, shi, shu", so this dissertation basing on Hanfei and legalist ideology discusses the theory of"fa, shi, shu".The dissertation's main body can divide into four sections:The first section introduces the conception of"fa, shi, shu"."Fa, shi, shu"is the ideology of emperor governing country that pursues absolute monarchy and regards"fa"as governance regulation. It is born in confused period, as relations of society production enormously changing the social structure and and politics reform , it provides growing soil to"fa, shi, shu". In order to pursue strong, Hanfei combines the"fa"theory of Shangyang and"shi"theory of Shengdao and"shu"theory of Sheng buhai to"fa, shi, shu"as his law ideology's core concept and theory.The second one analyses the logic configuration of"fa, shi, shu"."Fa, shi, shu"is Hanfei's law idea but"fa","shi","shu"are prophase legalists'theory soul, Hanfei combines them to a rigorous logic system. In this system,"fa"restricts"shi","shi"sustains"fa";"fa"directs"shu","shu"practises"fa";"shu"fulfils"shi","shi"safeguards"shu"."Fa","shi","shu"are three facets of an integral whole, they are complement each other and inalienable. They are premise and restrictng each other.The third one expounds the idea origin and development of"fa, shi, shu". The content of"fa, shi, shu"comes into prophase legalist ideology, but its idea origin and ideological root are affected by every school, especially Daojia and Confucianism. Hanfei reforms Lao Zi's"governing by doing nothing"to"administering with abide by the law", changes"getting rid of private and being unsophisticated"to"getting rid of private and being filled with law". Basing on XunZi's"ill-natured"theory, Hanfei thinks that person is who hankers for benefit and avoids damage, so he inherites XunZi's idea that taking"premium","punishment"as implement of governing. Hanfei's law ideology has not been exterminated because of his life finality, in Qin Chao, his idea has been inherited by Li Si and putted in force. Qin is extinct quickly, then strict law ideology has been confronted with suspicion and blame. But in fact this ideology still been cherished by ruler, and continue developed under Confucianism.The fourth section sums up the valuation both praise and blame of Hanfei's"fa, shi, shu"and legalist ideology, it affirmed legalists'achievement to the contribution united Qin empire's but denied its barbarity, ferocity. The author thinks that we should know"fa, shi, shu"and legalist ideology under special class background , society condition.Hanfei's law ideology is entirely different from contemporary law, two kinds theory under different context do not been compared abruptly. Thought learning, author consider that Hanfei's law ideology still brilliant and significant.
Keywords/Search Tags:Hanfei, "fa", "shu", "shi", law ideology
PDF Full Text Request
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