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A Comparative Study Of The Roman System And The Parental System In The Tang Dynasty

Posted on:2016-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:J Y LiuFull Text:PDF
GTID:2206330479955182Subject:Law
Abstract/Summary:PDF Full Text Request
There are many common representation patriarchal system of ancient Rome and ancient China, but the later development is different from then. In ancient Rome’s patriarchal system,the parents have the absolute and exclusive power, other families are relatively stateless, and this is the root of existence of classical ancient slavery; on the other hand, the enormous power of parents is associated with the independence in society and family, which has become the foundation of democracy. China patriarchal undoubtedly has the feature that differs from the Tang feudal legal provisions, such as the parents, it prescribes the power of parents and emphasis on the obligation of parents. This thesis compares the ancient Rome and the Tang Dynasty in the patriarchal system, try to reveal the social rules which behind the common system, and analyze the historical cause that lead the two part going his own way.The first chapter of this family structure on both separately carries on the analysis comparison, to analysis of parent system, you need to accurately grasp the connotation of family structure. This paper argues that the two house refers to all the people in the parents under the domination and material, wife, children, slaves and livestock, land is vassal under the power of parents.The second chapter analyzes the way to obtain and loss parent status in both ancient Rome and ancient China, it can be found that in Tang law the parents system has a strong ethical color, it emphasis the obligation of obedience from humble relatives to parents, taking obligation as the main point; but the ethical color of Rome law is relatively light, the parent is a legal object in Rome law, and the Rome law emphasizes that the parents have the authority on their descendant.The third chapter compares the parental power and the responsibility of the parents. In the early days, the parents power in Rome law and Tang law are quite similar: parents have the absolute authority on both their children, their families and the property in the family. The power of parents is especially strong on in Rome. However, as strong as it always be, the power of parents in Tang law stops its evolution; the parental power in Rome law is shrinking with the historical development.On this basis, the fourth chapter try to find out the nuclear differences in two parents system and the cause of it. The reason of the differences can be summarized as the following three aspects: the different origin of the two countries, the differences of the economic systemand the diversity of ideology and culture.Through a comprehensive comparison of two parents system analysis, it can be found that the Tang law, which represent the China law, is a typical reflect and essence represents of the requirements of a genetic-ethical-relationship developed social, while Rome law is representing the essence of commodity economy and religious society. With the continuous development of society and history, the two are facing transformation.
Keywords/Search Tags:Rome law, Law of Tang Dynasty, Parents’ system
PDF Full Text Request
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