英文法家学说简介

On Realistic Significance of Classic Chinese Philosophy

I. Introduction Chinese philosophy has a history of several thousand years. Its origins are often traced back to the Yi Jing (the Book of Changes), an ancient compendium of divination, which introduced some of the most fundamental terms of Chinese philosophy. Chinese Philosophy refers to any of several schools of philosophical thought in the Chinese tradition, including Confucianism, Taoism, Legalism, Buddhism and Moism.And the Confucianism,Taoism and Buddhism are regarded as the three roots of Chinese culture. The influence of these philosophies not only came to be important in China but also was powerful in shaping the social and political life of other countries. The beginning of these awesome philosophies can trace back to the Zhou Dynasty because of the special history background. The Zhou period witnessed the “contention of one hundred schools of thought”. There are some great figures among them are Confucius, Mencius, Lao Zi, Zhuang Zi, Mo Zi and Han Fei Zi. These philosophers have an great influence on later Chinese thought. I would like to expound the legalism in this article. II. Legalism and Its Practical Value 2.1 Introduction to legalism Legalism is an approach to the analysis of legal questions characterized by abstract logical reasoning focusing on the applicable legal text, such as a constitution, legislation, or case law, rather than on the social, economic, or political context. Most of the famous Legalists of ancient China were advisers to rulers who were

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organizing society on a rational basis and finding means to strengthen their states agriculturally and militarily. Instead of being devoted to conformity to the processes of nature, the Legalists were interested in the conformity which could be imposed through government institutions. They are interested in controlling people's lives and actions through laws and punishments. The advice these Legalists gave tended in the direction of regulating every aspect of people's lives so that they would have the discipline to work hard in the fields and fight hard on the battlefields. Many of the laws they recommended were extremely harsh. In Chinese philosophy, the principles and practices of a school of political theorists advocating strict legal control over all activities, a system of rewards and punishments uniform for all classes, and an absolute monarchy. 2.2 Introduction to Han Fei “Legalism” is a term that has long been used to categorize a group of early Chinese philosophers, including Han Fei (Han Feizi), Shen Dao, Shen Buhai, and Shang Yang. This essay has the goal of introducing the idea of ?Legalism? and laying out aspects of the political thought of Han Fei, the most prominent of these thinkers. At the end of Warring State, Han Fei complex the thoughts of legalism and became the most outstanding representative of the legalism. The Han Fei advocates a system of laws that enable the ruler to govern efficiently and even ruthlessly. Han Fei conclusion the conception of the power and position (shi), administrative techniques and methods (shu) and a Comprehensive

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system of laws (fa). There is a quote from Han Fei: “People are submissive to power, and few of them can be influenced by doctrines of righteousness.” Han Fei lived in the third century B.C. , served for a time

at the Qin court but was put to death in 233 B.C. in a plot instigated by his one-time friend, Li Si, a chief minister to the first emperor of the Qin. 2.3 Rule of Law and Its Implication to Modern Society In the state of Qin, where Legalist advisers were most influential, rewards might be generous, but death and mutilation were often the order of the day. As they reflected on the harshness of Qin rule and the bleakness of Legalist ideas about human nature, many Chinese were convinced that it is easier to make laws to compel people to behave in certain ways than to inspire them to behave morally. But over the long run, law without morality is a weak basis for a stable society. From the view of Legalists we should also learn some valuable essence -- to keep step with the times, conform to the trend of the eras, and insist developing and making a progress. In our society, we should learn practical thoughts of legalist school thought, the legalist thought the most effectively way is the rule of law, not the rule of man. In this way, our society will be more justice. There are many phenomenons that officials do something bad for their private benefits. So we should learn more about legalism and establish and improve the legal system, strengthen the power of laws. So long as the legalism be suitable in different time, we need to amend the status laws constantly. The currently

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law should be healthy for the development of our society. To achieve the

rules of law, it is necessary to improve laws regulations, and I think it?s

the best way to inherit and protect our traditional culture.

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