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Legal Thought of Zhuge Liang

Author: WangZuo
Tutor: ChenJinQuan
School: Southwest University of Political Science
Course: Legal History
Keywords: Zhuge Liang Legal Thought Weight method
CLC: D909.2
Type: Master's thesis
Year: 2008
Downloads: 232
Quote: 0
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Abstract


Eastern Han Dynasty, the Chinese legal system is upfront stereotypes, the social and political crisis deepens political darkness, official corruption, pseudo-secular float, the Eastern Han Dynasty ruling class decided after weighing in comparison with the Confucian world domination and ideological indoctrination. Virtue became rigorously enforce the rule of the standard model, with patriarchal kinship-based ethics and the law combine to determine, \those who just want the use of legal order value evaluation value, the value of sanctions to maintain domination, while the value of rights, democratic values, the rule of law values, justice values ??are negligible, legal tools and vassals become the rule of man. Zhuge Liang grew up in the Eastern Han Dynasty, Shu overview military and judicial power, he strongly advocated rid of maladministration, attention to law's role in governing the country, in order to restore the feudal order. Zhuge Liang legislative open, fair law enforcement, the law is different from contemporary feudal ideas, revealing Zhuge Liang legal thought is writing these characteristics in mind. Zhuge Liang's treatise much has been lost, the data is more limited, the paper mainly through the \seek its entire system to make more realistic thoughts, comments clearer understanding of the value of legal thought wise. This paper is divided into five parts, the first part is to introduce the life of Zhuge Liang, the second part of Zhuge Liang and Law background and ideological origins of any one person or some one is inseparable from the idea of ??the existence of their cultural soil be explored and analysis of the Eastern Han Dynasty and the Qin ruler attention absorb the lessons of the Western Han Dynasty perish gradually abandon legalism tion of ideology in favor of the art of Taoist Taoism and Confucianism patriarchal ethics to restore national strength, emphasizing the \and wise ruler relative to other landlords, by virtue of the concept is relatively weak, but more emphasis on relying on the law to maintain social order, and I think this is a political, economic, and ideological and cultural three reasons, small-scale peasant economy to stabilize must rely on the basis of legal binding force, so the \For the political class conflict and class struggle be mitigated or resolved, Confucian culture of \by Confucian ethics Tsunatsune enlightenment has been unable to solve the profound social and political crisis, the weight method is logical. The third part focuses on Zhuge Liang's legal thought. This section is divided into including legislative ideas, economic and legal thinking, as well as judicial thinking thought crime prevention, including four parts. The face of the Eastern Han Dynasty and fight corruption within the political and economic forces despotic landlords inflated, Zhuge Liang warlord chaos that reason is \Han Dynasty's political ambitions, Zhuge Liang holding the \According to the prevailing conditions and the law is Shu, Yi Ji, Liu Ba, Li Yan, et al, \Zhuge Liang also attaches great importance to economic development, but also pay special attention to the protection of the economy play a legal, guiding and facilitating role, he not only through legislation regulating taxes in order to achieve its \approach, but also the establishment of special economic development office. Crime prevention, and legalism that human evil Olivetti harm, indolent in nature is the cause of crime differing viewpoints, Zhuge Liang more attention from the economic, political level to examine the causes of crime, he says: \Jun, Zhu Xia betrayal, non-day moving its people, is determined based on the dictates it. \From enlightenment, so people violate the laws and overthrow rule. Zhuge Liang also noted that the economic incentives of crime, he said: \incentives, it also saw the lawless officials usurpations on the population, causing people hungry, forcing people to rebel criminal political factors. And Legalism \crime prevention; justice emphasizes punishment and reward straight, draw a law enforcement, he said: \, so that the \times seeking hermit, more capable, \Elected officials in Xinjiang wise eyes off the horse is not out of control to be applied for the incumbent officials \Zhuge Liang characteristics of legal thought, I believe that there are three characteristics of Zhuge Liang legal thinking: First, foreign law within the Confucian Legal Thought by Zhuge Liang and Taoism and Legalism comparison, that the law is also wise to re-educate the premise of adhering to its legal thinking the essence of Confucian Legal Thought, outside France within the Confucian ideology is the essential characteristic of its law. Second, strict laws, rewards and punishments will believe, Zhuge Liang respected Sun Wu, Qi, statecraft, and pointed out that: \prominence in the process of faith, emphasizing the \Third, the law enforcement arm, the seating arrangement abiding. First, Zhuge Liang's Creed enforcement painting he believes \So he emphasized bureaucracy exemplary role of the lead law-abiding, noting that \Conclusion As a final part of the several parts of the above discussion on the legal thought of Zhuge Liang, the authors believe the law of wise thoughts although with the passage of time has lost its foundation for existence, but currently is not without positive sense, he emphasized moral enlightenment, attention to the selection of judicial officials, as well as law-abiding seating arrangement, impartiality and integrity of the spirit of the legal thinking or rule of law for the establishment of China's socialist provide reference and inspiration.

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