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An Interpretation Of Mohist Jian'ai From The Perspective Of Legal Value

Posted on:2011-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:T MaFull Text:PDF
GTID:2166360308454560Subject:Legal History
Abstract/Summary:PDF Full Text Request
Having pursued Confucianism and inherited thoughts of Confucius, Mo Zi established Mohism while acknowledging Emperor Yao and Shun as masters, and following spirit of Emperor Yu of the Xia Dynasty.The origin of Mohism has its historical and social background and Mohism is also characterized by its unique spirit of practice and utilitarianism, which can be supported by his theory of"three standards of Mohist logical thinking". The root of Mohism is"Jian'ai(universal love)", based on which, the logic order of cultivating an universal moral standard and ruling the secular world by the will of nature is established.The theory of Jian'ai basically originated from Mo Di. Developed by later Mohists, the theory had been well established and integrated, with its idea of university, inseparability, consistency, practicality, collectivity and unity of love and interest enhanced. Mohism with its idea of"Jian'ai"made itself many enemies in pre-Qin era, and encountered much criticism from Confucianist, Daoist and Fajia. Anti-mohism was carried on by later Confucians to defend their authority. Thus, the view of anti-Mohism and pro-confusion sprang out, which, together with the mistake of treating Confucianism and Mohism as equal, distorted the essence of Jian'ai. In fact, the highly original theory of Jian'ai, with its marked sense of justice, equity and practicality, strikingly differentiates itself from its counterparts in pre-Qin era. Mo Zi laid great emphasis on justice, which is based on"Tianzhi"(will of heaven) with"Jian'ai"as its basis. Thus his view on justice is one with practical significance and common standard. Harmony and peace that Jian'ai pursues are the ethical sources of justice, which inspire pure sense of justice and provide affectional and conceptual basis of justice. Furthermore, it surpasses and accomplishes justice by putting it in a developing process toward perfection.The theory of"universal love and mutual benefit"features strong sense of equality. The emphasis on treating others like treating oneself creatively illustrates the early view of equality bedded in the saying of"to return a favor with a favor", which differs greatly from the hierarchical notion of"Ren'ai"(the theory of love of Confucianism). In all, Jian'ai means mutual love and respect among people and deems equality as its first principle.Therefore, what justice Mohism pursues is the protection of life and property and the preservation of social order, together with which, the legal sense of universal love can develop into the sense of private property and hence a legal right structure comprising human right and sovereignty.The Jian'ai theory of Mohism is the unity of subjectivity and reciprocation, transcendence and practicality, utility and ethics, which is seemingly similar with Confucian's"Ren'ai"and"the Law of Love"of Christianity, but is actually different. Jian'ai is the integration of love in both secular and religious sense.To sum up, the Jian'ai theory of Mohism that involves sense of equality and right implies universal values of collectivism, social standard, nobility, interpersonal norms--all complying with Chinese people's sense of justice and pursuit of harmony. It is not a illusory idea but a grand one that provides rectification and impetus for perfection with its great ideal. Therefore it can serve as the beacon of social development and institutional improvement.
Keywords/Search Tags:Mohism, Jian'ai, Justice, Equality, Right
PDF Full Text Request
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