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Mo "love, Mutual Benefit" Law And Modern Values

Posted on:2009-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:J H WangFull Text:PDF
GTID:2205360272957479Subject:Legal theory
Abstract/Summary:PDF Full Text Request
During the Spring and Autumn period and the Warring States, the society experienced severe transform. A new social estate-manual producer estate - emerged. In accordance with the need of the times, Mozi who is on behalf of manual producers put forward the legal viewpoint of"mutually love and benefit each other". Mozi thoughts is based on the perspective of"God'will, understanding of the spirit"and the benthamism, by which to get the sustain of the common people. Mozi tried to build an ideal society in which people love each other. He fought against Confusion theory of"Ranking the love". He believed people in the same world should not be classified. One should regard others'business as his. One should try to think and care for what others do. Only then, can a stably-ordered, harmonious society come into being.Mozi set forth the reason why people should love each other is mutually benefited. As tiny manual producers, people must love each other to survive and develop. Thus all the people can benefit. He convinced the principle that people who love others will be loved by others, who benefit others will be benefit from others and who hurt others will be hurt by others. He thought that loving each other is integrated with mutual benefit. Love lies in benefit and benefit is involved in love. It is by loving each other that people can achieve the purpose of benefit. The two are combined with righteousness, which educes Mozi's important legal theory of unification of righteousness and benefit.The theory of unification of righteousness with benefit is the core of Mozi's thoughts from which his specific legal thoughts is expanded. He thinks that people should stick to the principle of being guided by righteousness when getting benefit, which supplies the direction for the developing of the modern law. Scilicet, the society can develop orderly and healthily only with the regulation of good law.Mozi"s thoughts contains esteem of virtuousness, alikeness, non-attacking, non-killing, rewarding the virtuous, punishing the atrocity and valuing the righteousness, etc. In these articles, Mozi demonstrated in detail the legal significance of loving each other, mutual benefit and how it gets realized. It contains the administrative theory of only considering one's morality and capability when using people, and building a united and orderly society; the criminal law theory that the punishment one gets should match his guilty; the international law theory of non-attacking and keeping peace.The writer pays attention to demonstrate the specific contents of Mozi's legal theory and its significance to the building of modern law-governing system. Mozi's legal theory are conformed with current law spirit in many aspects. It provides a lot of guidance in thoughts and theory. The relationship between justice and efficiency that Mozi demonstrated still has its important position in today's law theory system. Compared with the basic principle of today's civil law, the demonstration of relationship between righteousness and benefit has different approaches but gets equally satisfactory results. The retribution theory of distinguishing between reward and punishment is still used for reference in today'criminal law. His harmonious theory of non-attacking and loving each other can greatly support today's harmonious society building. Confined by the period, Mozi's thoughts had its limitation inevitably. However, we should take its essence, remove its dregs and make full use of its positive thoughts to serve the building of the socialist law-governing system.
Keywords/Search Tags:love each other, mutual benefit, esteem of virtuousness, esteem of alikeness, non-attack, reward the virtuous while punish the atrocity, unification of righteousness and benefit
PDF Full Text Request
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