Traditional Culture Encyclopedia - Traditional stories - The relationship between traditional Chinese Confucian thought and the sources of Chinese jurisprudence.
The relationship between traditional Chinese Confucian thought and the sources of Chinese jurisprudence.
1) Family-oriented patriarchal ethics has become one of the sources of values governing the spiritual activities of the Chinese people. Ancient China was a patriarchal society. The Western Zhou Dynasty, a slave society, emphasized the principle of "kissing relatives", and the rulers of feudal society from the Han Dynasty to the end of the Qing Dynasty all advocated the principle of "ruling the world through filial piety", so it is clear that the prevalence of patriarchal ethical thinking does not vary according to the nature of the society.
2) A variety of legal principles have been established to uphold and embody patriarchal ethics. Ancient Chinese rulers and thinkers elevated patriarchal ethics to legal norms, and the necessity of which was fully justified by jurisprudence.
2. The supremacy of the emperor
The supremacy of the emperor, the law from the ruler, the monarch has the highest legislative power, judicial power, became a basic principle of feudal orthodox legal thought.
3. The lack of equality, hierarchical privilege ideas
Ancient China, Confucianism is dominant, and Confucianism is mainly derived from the "rule of etiquette", the etiquette is characterized by the difference between inferiority and superiority, hierarchical, which makes hierarchical privilege ideas have always been throughout the legal thinking in ancient China.
4. Emphasis on virtue and punishment
Overall view of more than two thousand years of Chinese feudal society, both the rulers, or thinkers, the virtue as the basis for the use of punishment as the basic creed of the world, the law is seen as an auxiliary means of governance.
5. Emphasis on righteousness over profit
Song Zhu Xi developed the idea of emphasizing righteousness over profit to the extreme, which seriously hindered the development of legal thought. Jurisprudence is the study of rights, and the idea of emphasizing righteousness over profit suppressed people's concept of rights.
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