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The Order Of Integration In The Legal Sense,

Posted on:2009-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:J X LiFull Text:PDF
GTID:2206360248450797Subject:Legal theory
Abstract/Summary:PDF Full Text Request
What is the importance of law during the organization of social order? This is a problem.You can't find a collective research of "the meaning of law" and "the organization of social order" at present.This is a loop hole of research.This paper research the meaning of law during the organization of social order,using material of Hanwudi's commercial suppression enactment.This article tries to explain the meaning of law during the organization of social order.Hanwudi's commercial suppression enactment had been a production of his time's disorder.The central government lacked of money to maintain the war against the Huns.The internal disorder included merchant's exclusive possession of some resources,the peasants' stripping of land,and private coin production. Landowner collected their own possession which leaded to threat to central government.Merchants were also the reason of peasants' departure of hometown to become vagabonds.Peasants' departure from land was a serious problem at that time which was a heavy threat to the central government. Besides,private coin production became more and more harmful to the economical security.Facing these issues Hanwudi issued a series of commercial suppression enactments.These enactments wanted to limit merchants' possession and collect more money for the central government.Those enactments such as "Bull of currency","Bull of inform",seven kinds of conscription,franchise of salt and iron,arrangement of transport and price etc were the main production in that process.The franchise of salt and iron improved the financial condition of central government on a large scale;it also added authority to the central government. These enactments testify the nation's morality of "interaction between nature and human being".As a result,the whole nation turned to the good station.At least, those actions made a noticeable move to the order of"society made of four kinds of people".There were four choices to be taken in that situation.First of all,the theory of "good government" approved by Confucianism of prior-Qing period could be taken as official.Secondly,the theory of "making people obedient by harsh treatment" advocated by Legalists might be another choice.Besides,the concept of "government with nothing to do" which was the banner of Taoists could be taken as in the former times of Han dynasty.The last choice would be the theory of "putting equal premium on both morality and law" which was concluded by the believers of Confucianism in Han dynasty.The advantage of the last choice was obvious,which had the unity between integrity and target,between flexibility and stability,between purpose and regularity.This article uses the material about Hanwudi's commercial suppression enactment to conclude that,the law has a very important priority in the process of reconstruction of order.During the reconstruction of social order,law takes a very important role.First of all,law has the very meaning of order in itself;order is the fundamental value of every legal system.Secondly,law has its priority in the reconstruction of social order.Law prescribes rules and norms for every people,and can be used to guide the reconstruction of social order.The rule and norms in the form of law can guide the conduct of society.Law's function of adjustment can bring order and stability at its maximum.The law also has social guiding function during the reconstruction of social order.Because law was supported by the whole commonwealth,so it can adjust every aspect of our nation and our life.So to speak,the law has the function of controlling and arranging the conduct of people,adjusting the relationship of society,so the society can make its step to the collective aim in coordination and good order.At last,law plays a very important part in the reconstruction of social order. Referring to the value of law in the reconstruction of social order,we may make these two conclusions:first of all,the pursuit of law was the very essence of order.They all put high premium on the situation of order and regularity. Secondly,law leads a powerful hand to the reconstruction of social order in reality.As a result,while law makes its way into guiding and adjusting,order is reconstructed and comes into being.
Keywords/Search Tags:Hanwudi, Bull of currency, commercial suppression law, reconstruction of social order, meaning of law
PDF Full Text Request
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