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Study Of Cultural Philosophy On Ritual Law In Heaven Way

Posted on:2012-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y YangFull Text:PDF
GTID:2216330338459755Subject:Law
Abstract/Summary:PDF Full Text Request
Based on the perspective of cultural philosophy, this thesis is speculated about and demonstrated the proposition:the meta-rule is " ritual law in Heaven way" of Confucian culture. In the first place, I used "substance,attribute,mode" as the framework to analyzing on the Origin and Evolution of ritual law in Heaven way. And the Heaven Way is changeing, meta-substance and honesty, which is derived from the transcendental heaven and the orders of universal natural. Ritual is a universal standard of human and God; also to adapt to origin of the natural human emotion, reason and humanity; the family division and the community's recognition of spontaneous generation is the pillar of social order.Ritual law is the combination of the rules of actions between the difference and identity in social control; the positive and the negative of good teachings. It is the dispute resolution mechanisms of official organization and social sanctions. Therefore, in the Confucian culture, ritual law in Heaven way is the natural order of cosmic rules,the existence of life, and social order generated meta-rules, and the values of positive law.The second part talks about the comparison between the Heaven way in ritual law and natural law, in Christianity culture of the school of St. Thomas Aquinas. In my opinion, the common characteristics are the order of legitimate reason of universal natural, is the principle of practical reason of life exists, is the development of positive law and the value of the objective criteria of truth. Therefore, the positive law should have respect for the natural differences in the spontaneous generation order, and are concerned about the eternal universal norms of justice and equality, legitimate rational character.The innovation of this thesis is the problem-oriented awareness and critical reason.from cultural philosophy of the framework"substance,attribute,mode", in the position of Confucian culture, to the classic method of interpretation and creativity into the deep-level body of ritual law in Heaven way. ritual law in Heaven way and natural law made false identification and comparison of Chinese and Western legal culture will pass. As the meta-rule of Heaven way in ritual law, I clarified the triple legitimacy of confucianism way. Therefore, this article of Confucian thought of law,to building the concept and has extended the core proposition, which probably means the creative of value on theory.
Keywords/Search Tags:ritual law in Heaven way, natural law, legitimacy of Confucianism way
PDF Full Text Request
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