A Research Into The Theory Of Pre-Qin Taosim Thought Of The Natural Law

In the Chinese theoretic and cultural history, the Taoism is well-known to the world for its erudition, since it covers from law and politics to philosophy and health preserve, etc. Leaded by Lao-tzu, the pre-Qin Taoism scholars brought forward the idea for the first time in history that the ways of Tao are guided by nature. Those scholars insist that men must follow and learn from natural rules, and the highest guideline for human activity is the erudite and philosophic idea of natural law. Later in the Warring States Period, the Taoism scholars fell into different wings, but they shared the same adoration for natural law. In the development of pre-Qin natural law, the inheritance from Lao-tzu to Zhuang Zi and from Lao-tzu to Huang Lao school in Jixia town represent two trends in the development of ancient natural law theory, and the two trends have undeniable influence on ancient Chinese law theory. As to the natural law theory formed in pre-Qin period, my thesis will discuss from the following points:The first part will start with theoretical base for the formation of pre-Qin Taoism natural law. By introducing the turbulent social and economic background for Taoism natural law, we can testify that Taoism is not water without source, or a tree without roots. The Taoism has unbreakable connection with Tao art and anti-fatality theory in pre-Qin age like Yao, Shun, Xia, Shang, Zhou, and Spring and Autumn period. The naturalism, humanity naturalism, the values of self-discipline and temperance, and the world view of nature-human integration held by Taoists formed the theoretical base of natural law theory.The second part explains the main contents of pre-Qin Taoism natural law theory. It also analyses the difference between theory of "Tao is to follow nature" and western conception of natural law. It shows that after Lao-Tzu created theory that the way of Tao is to follow nature, the natural law theory based on naturalism and "nature's rule" was commonly agreed by different wings of Tao. Though the pre-Qin Taoism theory was inherited and developed, it also underwent gradual changes. According to changes in the law operation view of "inaction leads to all actions" and in the attitude to "human beings decide law", the pre-Qin natural law fell into different wings:the first wing is represented by Lao-tzu, and the second is represented by Songxing and Yinwen, who are also known as Huang Lao school in Jixia town. In the development of pre-Qin natural law, the inheritance from Lao-tzu to Zhuang Zi and from Lao-tzu to Huang Lao school in Jixia town represent two trends in the development of ancient natural law theory.The third part shall analyze the characteristics of pre-Qin Taoism natural law. After Lao-tzu created natural law theory, it was learned and inherited by many scholars. The Taoism natural law fell into various wings and they developed separately, but they still have a lot in common. For example, they were all based on Tao. They protested that human beings must follow natural rules and reach harmony through inaction. They also shared the same adoration to natural law. The pre-Qin Taoism natural law theory could serve as important starting point for the development of Chinese ancient natural law theory. Compared with western natural law, the Taoism natural law has the same characteristics like supremacy, universalism, and immutability, but it also has its own specialties like the harmonious natural view based on nature-human integration and the trend from adoration to natural law and criticism to manmade law to the combination of natural law and manmade law.The fourth part explains that Taoism natural law theory headed by Lao-tzu has great influence to the Chinese ancient society. It analyzes the influence of natural law theory to the creation of Confucianism and legalism, and to the creation of Chinese ancient legislation and judicature.As a law of justice, rationalism and moral, the natural law plays an important role in the foundation of western law system. It's safe to say the western law system is mainly formed from natural law. With the idea of constructing harmonious society, we need to focus more on the harmonious relations between nature, society and human beings. In the modernization progress of Chinese law system, pre-Qin Taoism natural law can provide spiritual resources. Especially, it can provide spiritual drive for constructing harmonious society. Contrarily, the harmonious society construction and the new era of the world can also provide good systematic and social environment for the development of Chinese natural law. Therefore, the research of pre-Qin Taoism natural law has great practical meaning to the progress of Chinese legal theory.