Taoism Of Ancient Legal Thinking

Chinese Taoism has a long and profound history. As the source of speculative philosophy in China, it constructed the logical structure of a somewhat esoteric metaphysics Taoism. Simultaneously, it had a far-reaching impact on the development of Chinese Law. This article will study the development of the legal doctrine of Taoism and the content of Taoism in Earlier Qin Dynasty to explore how they influenced the legal theories in main historical periods. And then several positive elements of Taoist doctrine will be drawn to contribute to the establishment of China's Socialist Country under the rule of law.The article is expounded in the following five aspects:In Chapter one, there is an overview of the legal thinking of Taoism in Earlier Qin Dynasty, which includes the social background of the legal thinking of Taoist origin and the evolution of this legal doctrine. Chapter two is about the content of legal thought of Taoism in Earlier Qin Dynasty, which includes the legal thought of Lao-tzu, Zoranzi and Huang-Lao school. The third Chapter is about the influence on legal thoughts in main Chinese historical periods brought by the legal thought of Taoism in Earlier Qin Dynasty, which includes the impact on the legal thoughts of the Han Dynasty, Tang Dynasty and Song Dynasty. The fourth chapter is talking about the modern meaning of the legal thought of Taoism in Earlier Qin Dynasty. The fifth chapter is the conclusion and summation of the legal thought of Taoism in Earlier Qin Dynasty. Chapter two is thought to be the key chapter of this article, which consists of three sections:the legal thought of Lao-tzu, the legal thought of Zoranzi and Huang-Lao school's concept of the rule of law. The legal thoughts of Lao-tzu included three judicial thinking:advocating the natural law, governing by doing nothing that goes against nature and fighting against killing at random. The legal thoughts of Zoranzi consisted of advocating natural law, the idea of "Monarch doing nothing but minister doing something", criticizing law made by people, criticizing ritual righteousness and criticizing the Monarch and power. Huang-Lao school's legal thoughts included:the concept of the rule of law put forward by Huang-Lao, the reference and absorption from the Legalist theory, the thought of ruling the country according to law, the thought of law was born in nature, political reform by nature, the thinking of doing nothing and the deletion of the law.