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Law Students From The Road - Han Fei Road Law Thought,

Posted on:2011-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:L HanFull Text:PDF
GTID:2205330332485348Subject:Chinese philosophy
Abstract/Summary:PDF Full Text Request
Han Fei, a famous representative of the Legalism, his book is. Legalism has been closely linked with Taoism. Han Fei inherited DaoFa ideas of Legalist. Han Fei, faced with decaying state, has been to enable the country to seek a rapid rise way, he saw the inevitable replacement of old and new social trends, he actively advocates must adapt to this change, the establishment of new social order. But at that time, Han Fei do not satisfact the popular theories.Qin theory is powerful, so is Han Fei's only hope.Social reform of Qin is the most successful national reform.But, Qin has been criticism because of it's extreme political system. Han Fei accepted the theory,in the same time,he think about how to avoid the defects of Legalist theory. Legalism's greatest strengths is its practical, and, Qin Legalist thought has most important personal values. Legalist theory of the country was very useful, but Han Fei think the theory is not enough and comprehensive system, the lack of adequate theoretical is difficult to recommend it to the monarch.Therefore Han Fei must be improved systemic, and profound theoretical basis for its finding. Han Fei combinat the previous theoretical results, summarized method, technique, complementary to the rule of law potential theory. Also, Han Fei studied with XunZi for many years, inherited his ideas. Moreover, Han Fei was still inside the Taoist theory of the rule of law to find a philosophical basis.Combination of confucian thought in the law based on the melt into the Taoist thought, and thus established a "Dao"-"Ceremony"-"law" the rule of law combined theoretical system that is "Heaven"-"Humanity"-"Governance" mutual penetration of ideas.ln Han Fei's view, "Dao" is not a mysterious unknown, but for people to grasp the understanding of the law, this law is "difference."Dao is the most spiritual things, so man is to be followed in the Dao. This rating system is as stylish new system, so, we must use the "law" to be protected. "Law" from the country's political, economic, military, diplomatic, and cultural aspects play a maintenance role in the new hierarchy, so law is not determined arbitrarily established.Self-development needs of human respect is in general need to meet the community's values. Only when the full basis of democracy, law, formulate possible to meet the most needs of most people's interests, so that democracy is the rule of law necessary. People enjoy a wider range of freedom, that is, Rousseau said, people gave themselves a certain freedom, actually gained more freedom.More freedom of individual development space, so that proper place, harmony and common prosperity. Han Fei advocated the use of legal theory to make the country rich and strong military purposes, but not only demonstrated his theory of how the rule of law in the state stronger, but also take into account the personal interests of the country. Han Fei repeatedly referred to "benefit", he attached great importance to "profit", with the previous difference is that he not only emphasized the country's overall interests, but also noted the need to meet the needs of individuals, this is a win-win model of society, than the realization of individual value from overlooked, only a simple emphasis on social theory in terms of the overall interests of the country.Han Fei's theoretical system of law is comprehensive theoretical predecessors, adapted to the requirements of social development. His theoretical system help the state of Qin unified the successful establishment of a centralized feudal hierarchy, so that reconstruction of a new social order can be achieved.Han Fei worthy a master of thought for the Pre.
Keywords/Search Tags:Law, Dao, Ceremony, Hanfei, Laozi, Xunzi
PDF Full Text Request
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