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Moralize In Order To Make Peoole Abide By The Confucian Ethics

Posted on:2018-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:L Y LiuFull Text:PDF
GTID:2346330515984312Subject:Law, history of law
Abstract/Summary:PDF Full Text Request
The Joseon Dynasty(1392-1902)is established by Confucianism,and Zhu Zixue is its orthodox ideas.As cheng-zhu neo-confucianism whose core content is the three cardinal guides and the five constant virtues spread widely on the Korean Peninsula,Confucian ethics continued to penetrate into the judicial practice in the late Joseon Dynasty,even as the fundamental criterion of the judicial morality.As the Synthesizer of practical learning in the late Joseon Dynasty,Ding Ruoyong(1762-1836)was put in an important position by Jeongjo of Joseon,and served as a judicial officer such as"Xing Cao Can Yi" and "Gu Shan Fu Shi"_Based on his own experience in judicial practice and Confucian cultivation,he completed the book called<Qin Qin Xin Shu>when he was 58 years old.This book about the murder case embodies his thoughts of judicial adjudic.Ding Ruoyong believes that feeling Compassion for is the root of morality.His compassion ideological meaning embodied in the these three aspects of "Sheng Hu Qin Xu","Ci Ting Ai Jing" and "Si Ci You She".Ding Ruoyong’s sympathy for life reflected in the performance of the judiciary is the caring of prisoner.He believes that the judiciary should first understand and sympathize with the suffering of prisoners.Secondly,they should be diligent in the trial of the case for no imprisonment.And Ding Ruoyong pointed out that prisoners must have a strict time limit,and that those who violate the time limit of the magistrate should be punished.This is deeply influenced by the traditional Confucian thought of benevolence.At the same time Ding Ruoyong’s obedience and sentimental thoughts coincide with the imperialist tradition of the Korean dynasty.Ding Ruoyong value of human life,which originated in the Chinese culture of"the virtue of cherishing life",which forgives not kill.So he put forward the thinking of being careful for judgment.The judge should be both clear and careful to make prison be empty.He think that there must have a time limit for the decision,during which the judge should think over it again and again in order not to be wronged.Ding Ruoyong think that the penalty is not the fundamental means of governance.Ding Ruoyong think that the human race is greater than the case.The case related to human relations should be more stringent than the general case.For the violation of the "three classes five permanent" ethical behavior should be severely punished.And this is influenced by the Confucian ethical thought.
Keywords/Search Tags:Ding Ruoyong, Ideological Morality, Feeling Compassion for, bright and prudent, Value Ethics
PDF Full Text Request
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