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Study On Legal Thoughts Of Shangjun Shu

Posted on:2013-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:D D QiuFull Text:PDF
GTID:2246330362973211Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Legal culture is an important part of culture, both the legal thoughts and legalsystem have been deeply branded with times. Meanwhile, evolution and development oflegal culture follow its inner logic and operation rule. This is the argument of this paperwhich topic is " study on legal thoughts of shangjun shu ". For this reason, this paperstudy on the connote of legal thoughts in shangjun shu, and summarizes the backgroundof legal thoughts by referring to the author’s life experience and his character. besidesthis, the paper also concerned with the application of legal thoughts. its fundamentalpurpose is to identify the legal thoughts of the Pre-Qin Legalists.This paper consists of five parts, the first part, described briefly Shang Yang andhis thoughts which is related to his character and identification of shangjun shu.Through analysis of shang yang’s character to study the relation between shang yangand shang jun shu. In the second part, investigate the emergence of the legal thoughts inshangjun shu from the viewpoint of legal culture, the paper has discussed thebackground of legal thoughts and its ideological origin. and describes the influence ofregional culture and ancient chinese philosophers’ theories upon the legal thoughts ofshang jun shu. in the third part, this article summarizes the main content of legal thoughtin shang jun shu, they are a theory of legal original, the theory of Shang Yang’sconstitutional reform, Shang yang’s legislation theories and his thoughts of heavypenalty. in the fourth part, by using the research methods of chinese traditional legalculture, study legal systems and thoughs as a whole. this article discusses theinstitutionalized of legal thoughts in shangjun shu, research on Qin’s law system throughinscriptions from Shui Hu Di, find the embodiment of shangjun shu in the law of Qindynasty. In the fifth part, the paper analyzes the realistic values of legal thoughts inshangjun shu, points out its progressiveness and limitations, and briefly summarize itsinspiration towards the legal construction of china, disclosing its legal culturalsignificance.
Keywords/Search Tags:shangjun shu, shangyang, legal thoughts, regional culture, legal culture
PDF Full Text Request
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