Traditional Culture Encyclopedia - Traditional customs - What are the aspects of China's ancient humanistic thought?
What are the aspects of China's ancient humanistic thought?
The philosophical basis of China's traditional legal culture is humanism. The basic feature of humanism is to attach importance to human value, which has three meanings: First, the relationship between man and nature-the unity of man and nature. One of the important legislative principles put forward by legalists is to follow the example of heaven and conform to nature, that is, heaven is the classics and people's hearts are the discipline. Legalists advocate that legislation should conform to nature and decrees should not be out of season. "Legalizing the position of heaven and earth is like ruling the world through a trip at four o'clock" ("Guan Zi Ban Fa Jie"). Another important legislative principle is to respond to people's feelings and conform to people's hearts. It has also pointed out many times: "Law is not from the world, not from the ground, but from the world and conforms to people's hearts." ("Shenzi Wen Yi") "Anyone who governs the world must be human-oriented." ("Everything is wrong, Eight Classics")
The second is the relationship between the monarch and the people. "King" is the political ideal of Legalists. The book "Shang Jun" clearly summarizes the theory of rule of law with "kingly way", and advocates imitating the holy king, advancing with the times, bravely reforming the law, implementing the rule of law, and taking "dominating Wang Zhidao" as the intermediary to finally realize the ideal of kingly way. In the eyes of legalists, everything has laws and the world is ruled. And "the emperor thinks the world" and the monarch "rules the world for the world", and can't abuse power for personal gain. This is the intersection of people-oriented theory and people-oriented theory, and the monarch is the country. The world is public.
The third is the relationship between law and people. Legalists set themselves right by the Tao, and saints govern the country, not to ask people to do good, but to ask them not to do evil. Controlling people's property, because "the granary knows etiquette, food and clothing know honor and disgrace", is the main content of humanism, which is the philosophical basis of China's traditional legal culture.
Humanism in China's traditional culture is closely combined with patriarchal ethics. Because China's humanism attaches importance to the value of human beings, and thinks that human beings are the masters of the universe, and the characteristic of ethics is to attach importance to the relationship between people, and everyone is placed in a certain patriarchal ethical relationship. The kindness of the father, the filial piety of the son, the friendship of brothers, the respect of the younger brother, the loyalty of the monarch and the loyalty of the minister are the moral norms and obligations that everyone should abide by. So some people call China's ancient humanism "moral humanism". This humanism is deeply rooted in the soil of patriarchal hierarchy with blood as the link and patriarchal ethics as the core. In line with this traditional cultural image, China's traditional legal culture is also an ethical legal culture. The basic characteristics of China's traditional legal culture are humanitarianism, family, consanguinity and patriarchal ethics.
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