The Relationship Between Tao And Law From The View Of Idealism

Han fei is the last one of the philosophers in the pre-Qin period. His overall studyof ideological characteristics was saved in masterpiece handed down classic.Not onlyin representing the generalization of Legalism, but also mixing the Huang di’s fourclassics and Lao zi, besides digesting academic constructions of Xun zi.But accompany with the fact of the demise of Qin dynasty and boomerang effectbrought by the tyranny, which makes legalism has often been dubbed" strict and fewkind", more often people call it "iron hand". Unexpectedly, there is no way to find "itoriginate in Huang di’s four classics and Lao zi".As the research going deeply gradually, the voice become more and more strong,which the "rule power and tactics" is no longer being considered as the whole part ofHan fei’s thought.So no matter the scholars "ignore" it on purposely, or create it unconsciously, itshows the fact that the Han fei’s thought still waiting for tracing back to the source.In this paper, we start with the concept of metaphysics theory, attempt to outlinethe thought origins of Han fei’s academic system, recover the real source of hisconstruction of his theory.Chapter One is "Explaining Dao". According to the Lao zi’s comments such as"interpreting Lao zi" and "stating Lao zi" and the comparison of the conception, wegive a preliminary discussion about the inheritance and reconstruction on Lao zi’sTaoism which Han fei had made. Then he draw a conclusion based on Lao zi’s theorybut unlike it. It should be pointed out that, Han fei explained virtue by body integrity.His comprehension about Tao’s "Born with the universe" in fact had been peeled fromthe primary structure, and provided the basis for the "Li".Chapter Two is "Change Tao". Apart from giving the interpretation of Huang Lao,and the origin with Han fei’s principle, it mainly discuss the logical occurence of the"Tao and Li Theory",the generation of the concept on Tao and Law, and the source ofLegalist theory.The third chapter gives "observing Tao". It discussed the concrete applicationabout Han fei’s political principle in the "Tao and Li theory" theoretical. Thenpreliminary discussed the details of political theory between the ideal political statusand the real political state according to the different angle of view between"Sovereign interests" and "national governance". and come to a conclusion that Han fei’s thought absorb the Lao zi’s idea from multi-angle.Besides, based on the representative of Reconstructed school OGYU SORAIWEat the core, we preliminary discussed the problem such as "Tao and Li","Public andprivate" which the foreign ideologist faced when they were unscrambling the Hanfei’s thought. According to the discuss above, we get a conclusion that "Li is alwayschanging, but Tao remains not change" and "Law and Tactics are part of Li" becauseof time inconsistency and due to something change.Thus to Huang di and Lao zi asthe breakthrough point, we can not only avoid regard the Han fei’s thought as"Imperial part", but also we can discriminate and analyse its theoretical construct.