Law takes what place after all in Chinese traditional society, what is used since? I want to undertake discussion from face of the following tripartite: One, the law in gubernatorial memory; 2, law and people live; 3, legal profession.

One, the law in gubernatorial memory

What the law in gubernatorial memory points to is the function of the position of the concept about law, law, law. Each period is different, the metabolic expression on the history is in two respects: (One) the change of legal ideology; (2) the change of legal content and spirit.

(One) the change of legal ideology

Period of age the Warring States

Confucianism law two what everybody is familiar with contend for, because time concerns, cannot bat around, only simple and compendious ground tells a few. The Confucianist advocates the ceremony is treated, rule of virtue, person is treated. The social order that Confucianist place maintains is consist in socially gentle and simple and consist in are familial kiss mediumly scanty, honour low, long young difference, ask the lifestyle of people and behavior accord with them to be in familial the identity inside and politics, social class. Different position has different behavior standard, this is a ceremony. The Confucianist thinks to want everybody to observe the behavior standard that accords with its identity, position only, the social order of tenability ideal, country but long period of order and stability. Because this Confucianist extreme values the value that the ceremony is administering a country to go up, put forward the catchword that the ceremony treats. The Confucianist argues rule of virtue at the same time. Confucius says " is politics with heart " . He compares the actor of low quality of heart punishment, conclude: "Of the path with politics, neat with punishment, civilian avoid and shameless; Of the path with heart, neat with the ceremony, have shame and case. "1 〕 of 〔 the Confucianist is certain the person's good and evil is Jiaohua be caused by already, person of just a little of the person that be certain Jiaohua is v/arc be on the throne only the force of exert a subtle influence on, fault from creed of rule of virtue then and study principle for the person.

Legalists objects a ceremony treating, rule of virtue, person is treated, the view rules by law. Think the country is treated depend on rewards and punishments, one in order to encourage kind, one in order to stop evil, deny the value of virtue and morality, think and can't stop random, profitless at treating. Legal action is banning evil formerly, blame to encourage kind. From the point of the eye of Legalists, should make the person dare not is only evil, legal purpose already was achieved, pay no attention to popular feeling good and evil formerly, also do not seek kind of popular feeling fine. Legalists also objects a person treating. Yao and Shun comes to be treated therefore is 1000 worlds random and treat also, it is some of go-between normally. Have the aid of can govern a country at law.
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