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Research On The Relationship Between Ritual And Law In Chunqiu Period

Posted on:2012-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:H FanFull Text:PDF
GTID:2216330338470369Subject:Legal history
Abstract/Summary:PDF Full Text Request
No matter from social nature or ideological level, Chunqiu is a crucial period in China history, by the Zheng, Jin cast XingShu and Xingding marked the publish written-law is a big event during the period, and the relationship of that ritual and law is a big proposition in the legal of Chinese through the publish written-law. From the publish written-law in Chunqiu period, the law gradually relatively independent of all-embracing ritual, formed the binary structure of ritual and law. The formation has specified environment in Chunqiu period, is the existence of various factors.The paper concentration expound on this topic from three parts:The first part full explanation to publishing written-law through a representative event of the Zheng, Jin cast XingShu and Xingding in Chunqiu period. Through the excerpts in Zuozhuan about zheng, jin two countries XingShu, casting molten through the tripod records, tortured, jin zheng two countries at the domestic backgrounds of the classics, analysis of later generations recorded different understanding, on the basis of analyzing the two countries by zheng, jin XingShu and molten cast punishment marked announced statutory ding of the event major controversy and etiquette difference.The second part emphasizes the account Chunqiu period XingShu, casting molten released the fetus-interest tortured tripod is not only a in legislation, but also outside the world of the contemporary social order in different rules, and target thinking and choice of long-term results, and then have obvious debate governance. Objectively formed method and ritual fully independent, relative coordinate binary decorums structure, namely a ruled the people's spiritual world (governance) and a adjusted the people's external behaviors (law) dual decorums structure.The third part is the key, through comprehensive paper analyzed Chunqiu period to cast XingShu, casting punishment as a representative of the statute tripod released to the world, it is concluded that the lawful debate is not only the statute law released from the secret state to public significance, more in this period to form the different from previous binary decorums structure significance. Therefore, this part of Chunqiu period, in-depth analysis of the causes of the formation of propriety dual structure. Mainly from five aspects to analyze Chunqiu period decorums binary structure formation:from the state system in terms of Chunqiu period represented part of royal fade was week, it is the background of the premise is also announced statutory formed by a factor of propriety dual structure; Chunqiu period of three generations of existing than previous social clear distinction, traditional operation order, namely "ritual gradually collapse of music bad" collapses social order, from social order for the spring and autumn period for the formation of molten decorums dual structure provides likely; Chunqiu period, each school contend from different standpoint proposed own theory is also thought the process for the impact, Chunqiu period decorums dual structure provides a thought conditions; Chunqiu period was the ruler of social reality based on the consideration, rely solely on governance mode of control society at that time no longer fit the needs of Chunqiu period, therefore, the transformation of social control mode is also formed by a factor of propriety dual structure; However, Chunqiu period method has not dominant and influenced by traditional method of the influence that governance inertia formed and ritual is relatively justaposition of binary structure. Since then, Chunqiu period decorums binary structure that is dynasties decorums combination and separation origins.In short, the essay analyzes the content of promulgation of written-law in Chunqiu period and then the dispute of that, explore deep reasons of its form in Chunqiu period, "ritual" and "law" from conflict to the binary formation, and comprehensive analysis formed the binary structure of ritual and law.
Keywords/Search Tags:Chunqiu, written-law, ritual, law
PDF Full Text Request
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