Research On The Spirit Of Nomocracy In Legalism

This dissertation aims to research into the inspiration and influence that the spirit of nomocracy in Legalism casts in the legal construction of contemporary China. Pre-Qin Legalists helped the Qin State with its unification of China, establishing the first centralized country in the history of China; however, its later destiny witnessed more than overwhelming setbacks, which is not only rare but also in sharp contrast with the promoted conventions of the vast Western cultures. As its cultural adversary, Confucianism has always been occupying a dominant position and the modern Confucian revival belittles the Legalist culture even more. Traditional studies of Chinese ancient civilization show no support of the ideal of a nation of law as people have come to understand it since modern times. Quite the reverse, the traditional cultures dominated by Confucian thoughts invalidate the integral instrumental value of the law and diminish it to no more than a tool for achieving justice, making it a target for Confucian thoughts and Western legal concepts.As a crystallization of the shared historical experience of humanity, nomocracy is not only a means for governing a nation, but also an ethical principle and political practice. Different nations and civilizations vary greatly in their understanding and application of nomocracy. A nation with its distinctive civilization must follow its own cultural vein and acquire its own nomocratic principles in accordance with its national conditions. As an ancient civilization attaching great importance to governance, China values the principles of nomocracy in its traditions, which induces us to wonder if there exists certain nomocratic philosophy with modern flavoring and coating in Chinese traditions. If there is, to what extent is it nomocratic? History and political systems set aside, what is the relationship between its spirit and Western legal concepts? In what way is this legal spirit significant to our present legal construction? This dissertation attempts to extract the modern elements out of it.