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Introducing Taoism Into Legalism: A Preliminary Study Of Taoist Origin Of Han Fei’s Legal Thought

Posted on:2015-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:J TaoFull Text:PDF
GTID:2296330428499559Subject:Legal history
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It is known that Han Fei hammered away at seeking metaphysical philosophicalfoundation for his theory of “ruling by law”. Taoism is his main thought source. Taoismhas many schools, especially Lao Zi which is the foundation of Daoism and Huang Laowhich introduced Legalism into Daoism in the Pre-Qin Period. They influence Han Fei’slegal thought widely and intensely. But comparatively speaking, the former is metaphysical,the latter is physical.Han Fei inherited and developed the thought of Taoism. But his basic spirit stillbelongs to Legalism. The main aim is to service for his theory of “ruling by law”. In thecourse of “Introducing Taoism into Legalism”, Han Fei drew lessons from Taoism anddeveloped the Legalism’s theory of “ruling by law” from two aspects of positive andnegative. On one hand, Han Fei expounded the legal original of atheism, the legislativedoctrine of “Dao producing Law”, the legal thinking of legal formalism, the legal conceptof “non-action in law”, the justice concept of “creating the reality that will fit the name”and so on. On the other hand, Han Fei demonstrated the legal culture of anti-intellectualism,the doctrine of severe punishment of ruthless, the concept of monarch theory of extremeand so on.The efforts of Han Fei seeking for philosophical basis to Legalism injected freshblood to Legalism and established the philosophical foundation of Legalism. In addition,he developed the legal thought of Daoism which promotes the evolution of socializationand legalization. At the same time, this phenomenon is an important part of developing andaccumulating traditional legal culture and has a far-reaching significance.
Keywords/Search Tags:Han Fei, legal thought, Lao Zi, Huang Lao, Inherited, Developed
PDF Full Text Request
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