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On Legal Thought Of Confucian

Posted on:2014-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhaoFull Text:PDF
GTID:2266330392462610Subject:Law
Abstract/Summary:PDF Full Text Request
The effectiveness of the law not only come from coercive power of state, but also come from thehistory and tradition of country. It will be respected by the people and will be carried out well, whenthe law which containing the thinking of the tradition that providing the sustainable style of life. Thisis the source of legal timeliness. It does not guarantee the implementation of the law which only hasthe statutes. The law can’t be called a law which not be implemented and will not be sustained whichonly depend on the coercive force of the country, so that the society can’t stay orderly and keep theright. In order to improve effectiveness of the law, studying the pre-qin legal thoughts to find thesource of the Chinese legal philosophy will be very helpful.The thesis consists of four parts.The first part is preface, which made a discussion about the intrinsic relationship between law andculture and expounds the background and meaning of this issue. Law is a product of the culture. Inorder to get to the law, the study must to get the culture. The pre-qin thoughts are providing a kind ofmodes and the standards of the Chinese people. Max Weber thought that Confucianism is a religionand this is criticism which concerned the Confucianism overwhelming emphasis on morals. How todo with the relationship between law and morals is a significant issue that has high impact on theconstruction of the modern legal. The pre-qin Confucian provides for the arrangement of the peopleand the social operation moral, and puts forward to the expectations of society in general.The second part discusses the pre-qin Confucian’s idea of man. Confucius believed that humannature in the abstract is goodness, and he set up an opinion regarding morality restrains is veryimportant to one person. Confucius also advocated living a kind of life of wisdom, and he think theidea that “Do to others what you would want them to do to you” is right. These are very similar tothe modern liberalism and were created a huge space to develop the mind of Chinese people.Mencius and Xunzi had inherited and developed these thoughts. The thought of the people basismeans the people are more important than the monarch. This is the restriction of monarch abusingauthority, and is humanistic. This part is trying to find the possibility if the pre-qin Confucian has thethought of equality and freedom.The third part is about the idea of society administration of pre-qin Confucian. There is notmodern national sovereignty thought in the pre-qin Confucian. It thought the monarchy shouldgovern people with kindness, in order to achieve the social state that elderly will be looked afterproperly and all the children will be well educated. There are not specific proposition about ofbuilding of national systems, but are basic principles which were used to be basic standard. This partintegrates the thoughts of Confucius Mencius and Xunzi.The fourth part summarized the pre-qin Confucian legal thoughts on the whole. Law is a tool of“social control”. The pre-qin Confucian legal thoughts have a huge impact on the development of theChinese law for thousands of years, and it is the basic idea of social control and social functioning ofChina. In this part, explain further meaning of this topic. Today we all put emphasis on learning fromthe west, but we should attach importance to the traditional thoughts. Only in this way that can wesucceed in the modern legal construction.This thesis mainly makes use of the comparative study and the historic research method. From modern Axiology of legal, the pre-qin Confucian legal thoughts are described in this thesis.
Keywords/Search Tags:pre-qin Confucian, the effectiveness of the law, the implementation of the law, individual, community, ethics, law, liberty, equal
PDF Full Text Request
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