A Study On The Spirit Of Confucian Moralization In The Legal-life Of Han Dynasty

Moralization is a primary focus of Confucianism as well as an important proposition of political life and social governance in traditional Chinese society.The spirit and effect of moralization appears in every aspect of traditional Chinese society.Han dynasty is a period of vital importance in the history of China.On one hand Han dynasty inherited large amounts of legacy of Qin dynasty in the aspect of institution and law.On the other hand Han dynasty abandoned Legalism,which was highly regarded and strictly followed by Qin dynasty,and gradually adopted Confucianism,which was reform in Han dynasty,as its ruling thought and basis to the adjustment of law and institution.As a result of the change of the guiding thouht and cultural identity of the makers,the law in Han dynasty presented a distinct color of Confucianization.The process of Confucianization of the law in traditional Chinese society started since then.The tradition of Confucianism which attaches vital importance to social moralization made the spirit of moralization reflected deeply in the legal-life of Han dynasty.Academic attention has not been paid enough on the spirit of moralization in legal-life.Yet in traditional Chinese society the law is an important embodiment of the spirit of moralization while in the mean time moralistic factors also has many effects in the making and execution of law,which means the relationship between moralization and law is a proposition worth observing and studying.Through the study on the spirit of Confucian moralization in the legal-life of Han dynasty,we could gain a news angle as well as an important basis on the interaction of two factors of the law and moralization in traditional Chinese society.This paper will take the factor of `family ethics‘',which Confucianism has always been paying great attention on,as a breakthrough point,and focus on the embodiment of the spirit of Confucian moralization in the legal-life of Han dynasty and the effects of the factor of moralization in the making of laws and judicial practice.This paper will contain four parts,and textual research method,literature analysis,case study and comparative study method will be used.The first part will focus on the development of Confucianism during the pre-Qin period to Han dynasty,the feature of Confucianization in the law of Han dynasty,and the Confucian notions on family ethics.The second part will study the effect of the moralistic factor in the law of Han dynasty.The third part will study the effect of the Confucian moralistic factor in the judicial practice of Han dynasty.The final part will be the conclusion of the whole paper.