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Guoyu And The Research Of Regional Legal Cultures In Pre-Qin Period

Posted on:2015-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:C LinFull Text:PDF
GTID:2296330431454169Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Guoyu is an important book of pre-Qin period.It includes the history that happened from the period of Zhoumuwang to Ludaogong,about500years and among8Principalities.Because Guoyu records the political,diplomatical and military affairs of Zhou royal family and significent Principalities from later Western Zhou Dynasty to the Spring and Autumn Period,it is an essential text resource to understand and study this special history period.In addition,the phenomenon of regional legal culture is obvious and popular during this period of time,which makes it easier for us to do deeper research in a certain principality’s peculiar legal culture.This paper intends to make use of textual research,combination of history and logic,analytical method and comparison method to study Zhouyu,Jinyu and Luyu,in order that the legal culture of Jin and Lu could be concluded,and the change from the period of Spring and Autumn to the period of Warring States could be revealed as well, which can assist us to understand the decline of Ritual originated in Western Zhou Dynasty but inheritated by Lu,and the rise of Law,originated and developed in Jin,as well as the distinction between Confucianism and Legalism.The preface of this paper aims to outline the book of Guoyu,indicating that study Guoyu is an effective to understand the feature of legal culture in pre-Qin period and master the outline of traditional legal culture. Guoyu’s record makes it easier for us to do deeper research in a certain principality’s peculiar legal culture.The first section of this paper introduces the basic issues about Guoyu,including its author and the writing,the debate on its property and the writer’sspeculation. This section also discuss the current study condition and its value to the legal history of pre-Qin period.The second section of this paper introduces the formation of regional legal culture. The culture of Western Zhou Dynasty, stressing on Virtue and Ritual,plays a critical role on the culture of almost every principalities.However, with the decline of Zhou royal family,the inherent legal culture of each principality starts to be appearant.Under its influence,and with the aim of adapting to the new trend occurred in the period of Spring and Autumn,legal reform has become more and more popular.The third section intends to study the legal culture of Lu based on Zhouyu and Zuyu.Owing to the special blood and political connection with Zhou,the culture of Lu inheritates and represents the culture of Zhou.in the period of Spring and Autumn.Persisting to Ritual,emphasizing on virtue and treating penalty as an assistant tool are Lu’s characters.The fourth section intends to study the legal culture of Jin based on Jinuyu.Owing to its geographical environment and political strategy,the culture of Jin is quite opposite to the culture of Zhou in some way.Ignoring Ritual,being good at power,emphasizing on law and appointing talented people are Jin’s characters.The fifth section intends to reveal the change from the period of Spring and Autumn to the period of Warring State, which can assist us to understand the decline of Ritual originated in Western Zhou Dynasty but inheritated by Lu,and the rise of Law,originated and developed in Jin.,and we will show these changes in three aspects.By comparison the decline of patriarchal clan system and the rise of monarchy.The sixth section strech our topic to the distinction between Confucianism and Legalism,which originated from two different culture.the dispute between these two schools is through the whole Spring and Autumn period,even the whole Chinese history.However,the same aim between them make the two harmonious in later monarchy time.
Keywords/Search Tags:Regional legal culture, The culture of Lu, The culture of Jin, Governmentby Ritual, Government by Law
PDF Full Text Request
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