The Study Of The Fusion Of Confucianism And Legalism In The Pre-Qin Period

During the Spring and Autumn and Warring States Periods,the order is rough and tumble.The construction of “youdao”order become the focus of attention of Confucianists and Legalists.Its construction not only requires external political system and rules,but also needs intrinsic ethical value.In the building process,Confucianists and Legalists respectively choose the path of virtue and the path of law,although each word,but reconcile the contradictions of governance,to present a good strategy of order construction.As a realistic basis for the construction of "youdao" order,Human nature has become the basis for the discussion of the inner quality and external norms of human beings.The Confucianists in Pre-qin have different voices of human nature,saying "good" and "evil",but the bottom line lies in the pursuit of "good".The Legalists in Pre-qin believe that human nature likes advantages and hates disadvantages,and the pursuit is the good of legality.The standard of good is double,moral or legal.The Confucianists emphasize to govern the country in the way of "ethic and ritual ",and establish the moral code which lies in the human heart.The Legalists focus on the concept of "rule of law" to govern the country,to guide the behavior of people with the value tendency of utilitarianism.The different paths advocated by Confucianists and Legalists,are different from the cognition of moral and legal status,but the balance of order requires the coexistence of morality and law.The "criticism" of Confucianists by the Legalists is contradictory in nature,which makes it possible for the fusion of the thought of two schools.The fusion of Confucianists and Legalists will revolve around the relationship between ritual and law,ethic and law.It is possible that the ritual of Confucianists and the law of Legalists are both originated from ancient ritual,which have a common origin.Signing law into the ritual by Xunzi,this shows that ritual and law are not mutually exclusive and that both can be existence.In the judicial order,by distinguishing between public and private,the author analyzes the attitudes of passion and law.They have their own reasonableness and one-sidedness,only to achieve the mutual adjustment of passion and law can realize the stability of order.In terms of education,the Confucianists ' moral education and the Legalists' legal education exist complementary relationship,which is beneficial the combination of inner moral quality and external standard.The ultimate goal of this article is to build "youdao" order of the overall structure analysis,and the mutual interpretation of Confucian thought and Legalist thought,in order to achieve the combination of the external system(rule by law)and the inner thoughts(virtuous rule),realize the value of the contemporary transformation,to provide reference for citizens' moral qualityconstruction,to "ruling country by law" and "run the country with morality" with the combination of the history of the national strategy to add local resources.