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Confucianism Is The Natural Law Of Chinese Traditional Law

Posted on:2018-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:H TaoFull Text:PDF
GTID:2346330512494428Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In the development process of China and western legal culture,Confucianism and natural law play a very important role in the whole axis of traditional Chinese culture and western political and legal culture.This article mainly uses the method of history and philosophy to contrast the Confucianism and the natural law,then reveals the historical development of Confucian law and western natural law,compares their similarities and differences,finally demonstrate Confucianism is the natural law of Chinese traditional law.The whole article consists of three parts:introduction,text and conclusion.The introduction part,mainly through the comparison of early and modern research point of view,clear ideas,to clear the writing purpose,in order to achieve the desired results.The first chapter summarizes the natural law concept in the ancient Greek natural philosophy of the embryonic period,through the medieval and modern two stages,until the modern new natural law evolution process and characteristics,and then try to own perspective to the natural law The core of the mind to carry out a new interpretation.The "Based on the nature of absolute eternal","the perfect order of human reason through the meantime" and "good for the purpose".The second chapter is a systematic argument that the Confucian law thought is the natural law of the traditional law.Mainly through the contrast between Confucianism and western natural law on the justice and the relationship between ideals and real law,the historical reality of the study to refute the Confucian law ideas without justice and ideals and real law absolute separation,integration,and discusses the value of Confucian law,as the value standard of traditional Chinese law.The final chapter is a return to the present,talk about the influence of Confucian law for the modern legal construction,and how the modern innovation problem.
Keywords/Search Tags:nature law, Confucian law, ideal law, positive law, the value of guidance
PDF Full Text Request
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