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Author: LiQingQing
Tutor: WangChengRu
School: Qingdao University
Course: Legal History
Keywords: Huainanzi legal thoughts Tao
CLC: D909.2
Type: Master's thesis
Year: 2011
Downloads: 24
Quote: 0
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Abstract


As it is said in the title "Honglie" (means:profound and large), the thoughts of<Huainanzi> are rich and abundant. Its structure is clear, and each chapter has their own standpoint; its content is various and mixed. In a general view, it covers the fields of philosophy, politics, law, astronomy, literature and so on; when take a closer look, it tend to mix the thoughts of Tao, Legalists, Confucianism, Mo Tzu as well as the Yin-yang system together. They seem to be isolated, but in fact, they relate each other. So, when talk to its legal thoughts, we can never leave it’s thoughts of philosophy, politics, and astronomy aside.This article analyzes the legal thoughts of<Huainanzi> by combining its thoughts of political ruling. And it defines "legal thoughts" in the scope of "Tao", i.e. philosophy and kingcraft. It seeks the source of "Tao" from<Lvshicchunqiu>, and this is its philosophical basis of legal thoughts. Then it analyses its thought framework by linking<Lvshichunqiu>. After that, it talks about the necessity and effect of law by analyzing sin production, about the thought of law enforcement through selecting in the "moralization" of Confucianism and the "punishment" of Legalists as well. It also digs its law-abiding thought. Basing on discussing the contents of legal thought above, this article also analyzes the features about the legal thoughts of<Huainanzi>, and discusses its meaning and effect by linking<Lvshichunqiu> finished before it and <Chunqiufanlu> accomplished later.Its source is profound and its system also has a background. The discussion about Tao is based on Huang Lao’s ideology, but do not be confined to it, Confucianism and Legalists are necessary to the governing as well. It is really a guideline of ruling which contains different contents and formed with the simple dialectical view. Trace back to the prior dynasty,<Huainanzi> followed the type of <Lvshichunqiu> in structure; in the future, it also had some influence to orthodox ruling thoughts in Han Dynasty; at present, it had been regarded just as parts of the historical materials in principle, and no longer a policy speech, can never become the guiding ideology of governing. However, some of its knowledge about legal thoughts are also worth rethinking when we talk about the ruling of law, after all, classical things can never fade as time goes by.

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CLC: > Political, legal > Legal > Theory of law (Law) > History of law,legal history of ideas > China
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