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A Comparative Study on Legal Concept of Simaqian and Bangu

Author: WangMingQiang
Tutor: XuNanYu
School: Southwestern University
Course: History of Ancient China
Keywords: Simaqian Bangu legal concept comparative study
CLC: I206.2
Type: Master's thesis
Year: 2010
Downloads: 130
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Abstract

Shiji and hanshu are the most basic literature material about studying on the history of the qin and han dynasties, Educational circles always attach importance to them, the basic approach they adopt is comparative study about similarities and differences between the two books. The study is unfolded by the visual angle of legal system, basing on all kinds of research result between the two books and the comparative research result. Shiji and hanshu is the main carrier to investigate the two importance history idea. So the origin of force is the part of behaving authors’viewpoints.Si ma qian and ban gu’s viewpoint of legal system have relation between inheritance and reconstruction. The thought of Si ma qian lays stress on investigation and change, and the thought of Bangu lays stress on proficient and extensive. The overall value orientation of legal system between them is here, it is shown by the following three aspects:one is the legal system and order, one is the relationship between legal system and king, and one is the legal system and moral. From these three aspects, we can see similarities and differences between them.The legal system of Si ma qian and Bangu can be mainly compared from the five aspects: namely, the origin of law, legislative concept, concept of justice, legal reform concept, the relationship between the rule of law and ritual, these aspects are the foundation of value-orientation.The origin of the law, because Sima qian interpret less, we can only see kindheartedness of Bangu who thought the law derive from gregarious times; about the legislative concept, Si ma qian and Ban gu both suggested that legislation should have reliability, legislators should set themselves an example to others, provisional constitution in order to examine oneself critic, show solicitude for the national conditions and the will of people.Both have differences on leading people to know the function of law and making the society operate well. On concept of justice, Si ma qian and ban gu both proposed wide criminal, crime properly, and they thought we should, be prudent on law. Suspects, the difference is they were influenced by Confucianism on different level, etc. Si ma qian proposed to change law immediately, but Ban gu proposed prudentially. They also have different point on relationship between legal system and Chinese rites and Music. Through the comparison, we can see more similarities than differences between the two legal concepts, the differences and similarities contained each other.with respect to the procreant reason of legal concept, Shiji is a private book, and Hanshu is previewed by emperor. So the emotion on Han dynasties and the writing intention were inevitably different. Si ma qian’s psychology and Body were all injured. After LiLing disaster, and Ban gu’s father BanBiao wrote the theory of destiny, the main thought was to maintain Liu’s power by Confucianism, but the two fundamental roles were ideological origins and the society.

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