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"Thought Of Stress Upon Etiquettes And Laws" Of Xunzi And Its Inspiration

Posted on:2013-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:M JiangFull Text:PDF
GTID:2235330371476514Subject:Chinese philosophy
Abstract/Summary:PDF Full Text Request
Xunzi Long ceremony heavy law thought is based on the theory of "sex evil theory". Because "the ritual caved music bad”, is the human nature, and the influence of the utility thought legalism, Xun zi holds that human nature is the trend of the evil, the good is only a kind of encourage the correction the human things. Xunzi proposed"sex evil theory", denial of the talent moral, emphasized the importance of the environment and education. He thinks life to good profit, jealous nature good, if not under control of the nature, there will be chaos, so they need to have the etiquette guide education, society can peace and harmony. Xunzi thinks that gift is the human basis, is beyond the sign of the natural state of man, is also the embodiment of the natural order. So that the courtesy is the human and the nature of the unity based, produced in the need of human existence.Xunzi in lung ritual is also heavy method, because at the time that’s morality, in the era of strength, and the Confucian to maintain its important status, not only to adjust his own untimely components, but also absorb another advantage. And the "heavy law" is his "gift" normative further show. Xunzi also found enlightenment is not everything, but it can make up for the legal the deficiency of the enlightenment. Xunzi Long ceremony heavy method, thinks that the relationship between the Confucianism is first after the ceremony method, he points out, saint in order to reform the nature of man, and "the false","false up"and etiquette, born after etiquette produce formulated laws, so is first after the ceremony, the method of This ritual auxiliary, he pointed out that the etiquette, to the beginning of the,"people’s life in the day, the order of the countries in the ceremony", the ritual is the fundamental rule. But also points out that "lawmaker, rule end or“, he thought that must be severely punished for offenders, otherwise it will cause confusion, unable to achieve the purpose of stable social order.In order to give full play to the role of punishment, Xunzi in law enforcement in principle, also put forward some valuable ideas. Such as first teach to punishment, enlightenment and the criminal law is supplement each other, each other can’t replace; Punishment to match the sin, Xunzi advocate "punishment but sin, not more than Joyce’s", be sure to admire the punishment principle, to master a degree. The modern society that is of great significance. But, Xunzi also puts forward "have treat people with no treatment" man of thoughts. He think too much of the saint’s role, he will be a saint in the law, denial of the law is the objective standard in the individual, rejected the law of the independent value and function with; At the same time, not legal basis the exertion of subjective initiative, is inevitable that legislation, judicial activities of the subjective capriciousness, can damage the objectivity and impartiality of the law, weaken the majesty of the law status. So in the face of these problems, we should further to study, to take the essence and discard the dregs, reasonable absorption use, for us to construct a socialist harmonious society put forward more constructive suggestion.
Keywords/Search Tags:xunzi, sex evil theory, Archaize brickheavy method
PDF Full Text Request
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