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The Analytic Comparison Between Taoist Natural Idea And The Western Natural Law

Posted on:2018-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y QiuFull Text:PDF
GTID:2346330515953431Subject:Legal theory
Abstract/Summary:PDF Full Text Request
“Imitation of nature” has a long history in the Spring and Autumn period,explicitly put forward by Lao Tzu,“Tao” governs everything,it is the key element of thought.The author think that the concept of “Tao” belongs to the sense of the philosophy of ontology,“Tao” is divided into “heaven,earth,human” three types,the specific description is: The objective law,the natural law and social ethics rules,individual consciousness rule.The same period of western modern scholars have been summarized as the ancient western philosophy of natural law,the concept of natural law is the fundamental operation criterion that the whole universe,it is the foundation and basis of human law,clearly the value orientation of law at the same time.China and the west of the two different ideas have many similarities,there are also many differences,differences resulting in the development process of the two to go.Nature thought in the Han Dynasty the emperor Wudi rejecting all kinds of theoretical schools but Confucius from the ruling thought relegated position,become the subculture of China,another exuberant vitality of life and growth in nature,and eventually became one of the three major schools of western natural law.In the view of the above problems,the author adopts the method of literature analysis,the postmodern of hermeneutics and the theory of system self-organization.To lay a solid foundation for the comparative study of the literature of the two,the "imitation of nature" and the ancient western natural law theory in the Chinese and Western cultural differences in the background analysis,explore their similarities and differences,then points out their development on different path.Makes use of system self organizing theory in this paper can not only to the time span as the only criterion of Chinese and western natural law culture,but the philosophical background of culture in the history of ideas in the framework were considered as a whole.The thesis is structured according to “total-divide – total”.First of all,the introduction part puts forward the viewpoint that China exists,the concept of natural law referred to the west,to Lao Tzu as the representative of the nature of thought and the closest.Secondly,clear the different meaning between "Tao" and the concept of “law” in ancient western natural law.The nature of ideological connotation of “Tao” is defined as the time of the spring and Autumn period,with Lao Tzu as a major representative.In order to explore the connotation of the concept of “Tao”,meaning Lao Tzu before carding process in accordance with the historical development,explore the “Tao” of the original meaning at the same time,the natural law in ancient Western thought is defined as the time of ancient Greece and Rome,as a result,with the times Lao Tzu have overlap on the time axis,so using the research methods of synchronic.The author enumerates the concept of “law” in the representative thinkers of the period,and abstracts the meaning of “law”.Thirdly,clarify the specific meaning of the two,analyze the differences and the root causes.Then,summarizes the different development paths of the two,and analyzes the root causes of the two different development paths.Finally,the nature of thought as the basic starting point,we put forward the concept of the natural law in Chinese conceived nature in the thought of how to develop in succession,and a preliminary suggestion forThe author propose China's natural law referred to in the Lao Tzu nature thought as the fundamental cornerstone,belongs to the essence of natural law,contrast with Confucianism and legalism in the form of natural law.China's natural law should be based on the revival of “imitation of nature”,which requires us to make full use of traditional culture resources,change the phenomenon of the absence of China research subject,which is to be found the root theory of the construction of rule of law.
Keywords/Search Tags:Imitation of nature, Natural law, Lao Tzu
PDF Full Text Request
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