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Research On The Thought Of Han Fei’s Law Ethics

Posted on:2017-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhaoFull Text:PDF
GTID:2295330503482956Subject:Ethics
Abstract/Summary:PDF Full Text Request
Law ethics is based on the relationship between law and morality from the perspective of philosophy, and focuses on the problem of "law" itself(Including the connotation, extension and other fundamental issues),aiming is to pursue a "rule".Han Fei’s thought of law ethics with its brilliant interpretation of the law,advocacy is to establish rules of the society named "rule of law",which is different from "rule of virtue".Here the "law" is in general terms, not only contains the "law", but also refers to a "rule", "norms" of the construction.This paper is based on the philosophical perspective of Han Fei’s thought of law ethics of in-depth analysis and research,expanding the interpretation from the historical background, concept, significance and other aspects and adequate refining the core connotation,structure model, logical system of Han Fei’s law ethics thought, And historical and dialectical analysis of the essence and the defect of the traditional thought of legalists, to build a scientific and rational in line with today’s social development and the need of the system of legal rules.The research is divided into three parts, from the formation and the main content of Han Fei’s thought of law ethics, to the contemporary value and enlightenment, comprehensively and systematically understanding of the ethical and spiritual connotation of Han Fei’s legalism.First of all, the research of this article is from the formation of the Han Fei’s law ethics thought, including the historical factors, social factors and personal factors, especially on the formation of the legal doctrine of academic background,that is to say,The connection and difference(the inheritance and development)between Legalism(represented by Han Fei) and Confucianism,Taoism, Mohist schools,which is the key point of the first part of the article.In the background of root formation on the deep understanding of Legalism,the core problem is the connotation and the core of the Han Fei’s law ethics thought,which involves scholars argue most such as Han Fei’s humanity theory, "non moralism",relationship between morality and ethics,narrow utilitarianism.There are a lot of confusion and even controversy, but there are also some common understandings and achievements, how should we understand them? Finally, selecting the perspective of philosophical ethics to analyze and study the law thoughts of Han Fei, ultimately lies in rethinking the meaning and function of reflection method(rule of law) in the social development.What is worth learning things for us from traditional legalism?And what kind of contemporary value?How to understand and deal with the relationship between law and virtue?This is the main purpose and significance of our study.Therefore, the research to the philosophy reflection on the traditional thought of Legalists(represented by Han Fei) in the perspective of ethics.thinking about the modern significance and value what it brings to us is worth learning from.Thus it is helpful to explore the construction of the contemporary social rules system, and take it seriously and use it in practice.
Keywords/Search Tags:Law, Virtue, Law Ethics, Morality, Humanity
PDF Full Text Request
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