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Consideration Of Shang Yang's Thoughts And Legal Philosophical Connotation Of Reform

Posted on:2010-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:Z H MeiFull Text:PDF
GTID:2196330338482330Subject:Chinese philosophy
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The warring states periods were the unrest periods in the history of China. In such turbulent periods, the main representative person of the Legalist, a great thinker, ShangYang was invited to Qin. In trust, support, protection and authority of XiaoGong, ShangYang put forward his famous reform called"ShangYang's reform"in history. He made possible the"law"governing the world the idea was implemented, and even continues to this day. Shang Yang's Reform ideas include monarchical supremacy, rule by law and sentencing strategies.In this paper, the following aspects of Shang Yang's Reform and Its Philosophy of Law connotation were discussed: 1. The causes and conditons of ShangYang's Reform were discussed by narrating Shang Yang's life, and the historical evaluation and the author's understanding of Shang Yang's Reform were presented. That Shang Yang's personal strength and Xiao Gong strong political support played an important role in accomplishing Shang Yang's Reform and making a wealth Qin and a strong military power. Shang Yang thus achieved his ambition and life values. 2. The Thought of Shang Yang's Reform throne supreme, rule by law and penal policy ideas were discussed, respectively, and their mutual relations were analyzed. I believe that the excessive expansion of monarchical power is dangerous, only the monarch of voluntary compliance cases, upgrading of monarchical power was conducive to the realization of the rule of law country. And Shang Yang's rule of law governing the country is good, but used the "law" to be moderate severity, or else the rule is bound to affect the effectiveness of running the country. In addition, Shang Yang's non-hierarchical thinking of punishment is regarded as "judging by law," and Shang Yang's ideas in order to sentence to punishment on the formation of logical reasoning, it seems well, but in reality far from comprehensive. 3. The philosophy of law connotation of Shang Yang's Reform was discussed from the theory of human nature, based concept, monarchs and law. Shang Yang's theory of human nature is a logical starting point of the evil nature of humans Reform. Shang Yang's monarchy are mainly reflected on the strengthening of monarchical power, plunder and the rights and restrictions of the right of minister. Additionally,the Shang Yang's theory of law was discussed by studying the Law on the part of the definition, characteristics and functions, heavy penalties, and the rule of law and other points. Shang Yang's Reform thought and philosophy of law connotation were studied in depth. Some insights given by the author is of a certain meaning and value.
Keywords/Search Tags:ShangYang, Reform, Legal philosophical, Supremacy of the soveregn power, Governing pepole by law, Penalty strategy
PDF Full Text Request
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