Ancient Chinese Society, In particular the so-called Ancient China This He is the feudal autocratic imperial service, but for the majority of the population of China is a brutal reign of the theory.
legalist faction, the form is different from the Confucian, Mexico, and some similar to Taoism. It is not cultivated by a unified school master, and then divided into a number of branch schools. The relationship between legalism of succession is not so direct, obvious, such as the Legalist Han Fei is a master of, but not by the industry in legalism, but a disciple of Xunzi. Even so, legalism, or Warring States period, the most influential and one of the biggest achievements in school. From the time point of view, it is through the Warring States era, from the space point of view, it is active in the seven powers of the States side by side on stage.
Legalists the Warring States period, according to their years of life can be divided into early and late Legalism Legalism. By Li Xing early Legalist, Shang Yang, Shen Dao, Shen Buhai, represented by the late Legalist Han Fei as a representative. It contains, in Wei Li Vulgar Reform, with a This book has been Yi, in the early legalism, the rule Shang Yang is more important than punishment, Shen Buhai emphasis on the technical rule, Shen Dao emphasis on the potential rule. This is also the Legalist school in several significant impact theory. Legalism of Han Fei is a master of, Legalism early stage of succession under the premise of the potential creation of a criminal operation use either of the political theory. Legalism
the general characteristics of the following four main:
1, emphasizes the criminal law is the core of Legalism, torture heavy penalties, so that people can not break the law, curried, the letter Rewards will punish, to Legalist emphasis on different purposes.
2, the absolute Zunjun, strengthen dictatorship. Pre School to prepare the attitude of monarchy, Confucianism, Mexico and France have in common, have stressed Zunjun, maintains authoritarian regime. But there are different, the Confucian Zunjun is conditional, that is, . Thus, Confucius advocated: But his relationship. Taoism does not deny the monarch, but not in favor of despotism, especially Zhuangzi advocated absolute freedom, hostile to monarchy and tyranny. Qin in significant impact on the school, only legalism to say that the supremacy of the sovereign, sacred and inviolable, and subjects should be the monarch to rule the tools or materials. Shuoyibuer monarch, is the law of his spectrum. They also advocate the adoption of every means to strengthen the king's power, power entirely focused on the hands of one person to ensure the absolute monarch of a national
3, human interest and the good governance of public punishment. The evil nature of humans to the extreme legalism, Xunzi that evil human nature, need to educate,UGG boots cheap, to change. Legalism is that everyone is making profits, not the nature of change, including parents and children, only Xiaoyilihai for our use. Shen Dao said, hit the coffin carpenter willing to die. Shang Yang said: Han Fei's like talking more. This is the consensus of legalism, and thus, their common claim is that the action can only be used on people severe penalties, to suppress, so not frivolous: generous rewards with high awards to facilitate the induction, for my servitude. In spirit, as long as the In the eyes of legalism, monarch of the requirements of the people, but usually with its power, war with its death, nothing more. On subjects as, between ruler and subject is Only interest among people, among like wolves. Thus, they believe the way of virtue and charity are subjugated, the only threat to Fuguoqiangbing by Junfa.
Second, the early Legalist political thought (a) of the Shen Dao potential governance theory
Shen Dao, Zhao person's birth and death has not detailed examination. According to He was a very influential scholar. Shen Dao's writings have had the system, but has been largely lost, and now the only remaining in Taoism, Taoist philosophy is based on its theory of argument as Legalism. Han Fei was also inherited this tradition.
1, on the , so it was a comprehensive discussion of this Legalism involves three basic categories, but in the three, he more prominent of the The second is to get
Shen Dao that, in punishment, operation, potential factors, the potential is essential. The so-called In this regard, he said: later became the emperor, this line can be banned in the country.
2 Zhang Yongdong: Political Thought Legalists Review
Therefore, he considered it a sovereign monarch, largely because he possesses the power, not only because of his moral over how the public. We are doing,
awareness of the importance on the power, Shen Dao create a unique balance of power theory. That is under the rule of one dollar balance of power. Shen Dao that monarch in order to maintain its political status, it must implement dictatorial rule, the state can not exist the rule of dual or multiple centers, that the state can more yin, but not more than Jun, countries can no Yin, but not no king, that is, the sovereign unitary dictatorship is absolutely necessary. Therefore, Shen Dao checks and balances, does not mean the relationship between monarch and his subjects, but to hold absolute power in the monarchy under the conditions of division of labor between Sydney and constraints. He said: compete with each other than compete with, the formation of turmoil, to avoid this situation must be firmly under the control of the king's minister of state can have between, but also the balance of powers.
2, on the potential treatment of the essentials; monarch how to control their political power to achieve its authoritarian rule, Shen Dao put forward the following essentials:;
first monarch to have blackmail subjects as public. Jun main dictatorship can effectively consolidate power, the power to require uniforms ministers, how uniform, Shen Dao proposed, the most important is to try to establish themselves among the population as a letter, obtained by the public, to hijack the subjects as.
Second, do not Zūn Xián. Spring and Autumn Period, Shangxian is a very compelling question, which, Confucianism and the two still held power. Anti-Confucianism and Legalism is a view that to achieve the absolute rule of monarchs, the principle must be to deny the Zūn Xián. He said: Shen Dao that the monarchy in governing the country,UGGs, should try to play the role of the subjects as to allow the subjects as due diligence, to do well, the monarch benefiting disproportionately, so that (B) Shen Buhai's technical governance theory;
Shen Buhai, Beijing (now in Henan County southeast Mongolian) people, birth and death has not detailed examination. Minister Zheng worked, and later destroyed by Zheng was South Korea, Shen Buhai attributed to Han, Han Zhaohou phase him when he was. Shen Buhai was an important school of Legalism Warring States, politically, Shen Buhai focus on technique, but also more emphasis on punishment and potential role. Shen Buhai work on,
1, on
surgery on patients, by definition, refers to trickery. Different patients and punishment, the object is to use people, so the law should be made public, so everyone knows, and the ministers with the operation of the object is only hidden in the chest by the monarch, one manipulation.
Why use surgery to control subjects as monarch? Shen Buhai is fully consider the interests of monarchy, he believes that the threat of the deadly monarch mainly from ministers. He said the king so to build strong and tall walls and sturdy gates Lu, is to prevent the theft cheap invaders of the robber, however, closed also. Elegance is often about the monarch. Therefore, the monarch is the first minister should guard against those who are most likely to usurp the country's regicide. Therefore, Shen Buhai remind monarchs, have a clear understanding for the subjects as any minister is unreliable, the monarch in order to maintain their status, must envoy under submission, the key is to control subjects as the use of surgery.
2, with the operation of the essentials; Shen Buhai discussion about the governance of the implementation of more patients, mainly in the following four points: first, the (. This can prevent the minister of state (This is the Shen Buhai advocate monarchy with the purpose of surgery.
Second, the Subjects as the positions of each, name the first, and then go to the adoption of children under the minister of his duty inspector, and ordered them to do their job, require each official to do are, loyal to the monarch, seized their gains and losses, of The rewards and punishments. This is also called
name the real purpose is responsible for the behavior of the control subjects as, envoys hope under the strict Los keep your own ministry, that is, house is to ask the subjects as over against the monarch's will not be more than functional or unauthorized act recklessly.
Third, Inaction could have been the basic category of Taoist political thought, but Shen Buhai's ideology, the meaning and Taoist inaction has a major difference. Shen Buhai said inaction, the main point is the monarch to their own ideas or opinions to hide, Joy, anger, without form or color, envoys are under mysterious monarch, monarch neither will opt for in order to welcome into our own private, did not dare to go against the will of the sovereign without restraint. This is the both say and do right or wrong, he gave the subjects as to provide opportunity, there are loopholes. Therefore, the wise monarch Shen Dao that should be unemotional, the global system view, see things. In short, called Active and closures in the business, later known as Shang Yang. born about 390 BC and died in the first three in 2038. Shang Yang Weiguo Guo phase in the hands of Kung-sun as minor official in charge of Gongzu affairs (in the Bastard). < br>
Shang Yang contact value of the issued Xiao of Qin, principle, to test the Xiao of Qin. The first three meets, the first time, talk to Shang Yang . a third time, as a , won the duke appreciated. so either to Zuoshu Chang (Qin Guoguan Jazz is divided into twenty, Zuo Shuchang the tenth grade), presided over political reform. from the beginning to the BC nine years three to five years before the 350 years , under the auspices of the Shang Yang, the two were political reform, was promoted to major Ryozo (Guanjue sixteenth level), then sealed in the business (now Shaanxi Business County), known as Lord Shang.;
Shang Yang basic content services are also the rulers at that time. On the political thought of the book Shang Yang, and after learning that the its not a book's Warring States Period. Legalist in various schools of the Warring States Period, Shang Yang with emphasis on the role of punishment into a single. and Shen Dao, Shen Buhai comparison, although it comes to Shang Yang Skill instead of clothes; hope the two go east, moving further and further away. That is, can not get that country, the state law and the fundamental premise of disorder in the rise and fall. Shang Yang's the boundaries between people's property or ownership. Shang Yang said that a rabbit ran in the wild, there will be a hundred individual pursuit, not because the rabbit can be divided into one hundred copies, but the particular sub rabbit uncertain attribution; sold in the market rabbits everywhere, and thieves can not win, this is due to the attribution of particular sub rabbit has been fixed. to small Yu Tai, a rabbit that, on the affairs of view, dubbing yet, will (loss of) power and influence, also perished off the road boat. consequences. Therefore, to prevent social unrest, to rule the country Junan fundamental way is to determine the property boundaries between people, that set points. However, the fixed points must also be achieved by decree, decrees unknown, birthright is uncertain. Therefore, Shang Yang advocated the law, the people, people of legal actions if you can play the role of constraints, the state is certainly strong. He said: shall governance Xeon. (would not expose others to sin by self-interest, individual conscience, but against the state. France can win the people. Clearly, in the Shang Yang that the object of the law the people, the most important function is used as a tool by the rulers, uniformed people, suppress the people. Truly this step, rich countries will be a strong military power, by the reason.
Based on the above understanding, Shang Yang to implement the For the monarch, he said: testimonies, and not legitimate degree words, lines, do, do not listen, not respected, not handed down. Followed by the courtiers, the subjects as the (As for the rule of law people are more afraid of punishment is to comply with law, the only method is to follow, therefore, Shang Yang said: testimonies of the country, political affairs do not listen to the monarch, who does not obey the officials against all the law. Of course, this is also the legal testimonies of the will of the rulers, however, this section of the law, after all, than the arbitrary, the letter the instructions of the door kaihe standardize and institutionalize a large extent limited the arbitrariness and uncertainty.
Second, criminal non-hierarchical. Shang Yang that Here the so-called Therefore, the rulers have always been thinkers also talk about Shang Yang that since the So he advocates the sage country, to
on the forgiven. ago, a defeated, the loss is not criminal: a good front, there it is too. not for the loss of law. penalty as the basis for relief, As for the national law enforcement officials if any violations, they should be punished severely, Ming method, that is, to publish Dry Cunha.
purports to subjects are able to knowing the law, there are two essential conditions: First, the Second is to develop a number of well-known Meanwhile, the public information law, tools, and rules should be monarch of the total operation, promulgating laws, primarily to facilitate the public, so that people can how to not break the law, from the Death, so that people will abide by the law in the interests of being received. On this point, commercial calamity that the world is the history of those deities governance, people do not torture people, not that they do not use penalty, but rather the The fear, the way is a misdemeanor subject to heavy penalties, torture Kefa, Shang Yang said that the purpose of doing so is 'from the staff at the palace, one of his minions called the top jaw of late, all the Head bladder bladder, judicial administration officials asked the Duke Wen of Jin How should Britain collar crime? wengong firm, he said, kill him! execution instructed the staff, cut the top jaw, and to the public display. Thus, the Jin people are frightened everyone's lips, jaw, as pampered as Britain, also cut the mob, a misdemeanor subject to heavy penalties,UGG boots clearance, not to mention us! Shortly after this, Duke Wen of Jin has sent troops to attack Cao, Zheng, Wei, Chu and other countries, both Lien Chan wins. his orders, orders to halt armed forces, the only too well also, so the ban had ended well, Therefore, the country has a
basis of also. heavy penalties are available. This idea seems to make sense from a logical point of view, a bit of dialectics mean, however, that the feudal autocratic system, this logic once into reality, be applied to social and political practice of torture is bound to slaughter, innocent people have no peace, and the tragic situation. In fact, the history of any era, who delinquency, its causes are multifaceted, complex social conflicts in particular, the Warring States Period, light punishment not the main reason is the people break the law, the same, heavy penalty also can not stop people breaking the law .
Heavy at the same time advocating a misdemeanor, Shang Yang also advocated Signs of the crime occurs in people when it is necessary to use punishment to stop. He believes that people have added criminal penalties, the good evil will not be cut off, only. : Torture used to have, the big evil is not life. Thereby hangs a tale, not handled properly, will inevitably lead to subjectivity and arbitrariness of the penalty, so that more innocent victims.
Shang Yang's criminal governance theory, is a Legalists is typical of authoritarian thinking, although he advocates non-hierarchical sentence, a break in the law, but he is not thinking of the criminal government that everyone is equal before the law, only subjects is equal before the law. In theory, under the authoritarian system, instruments of rule, he embodies the will of despots, absolute despots and sanctions are not legally bound, therefore, no sentence in the level of Shang Yang's behind, but also cover the great inequality. to implement the results of Shang Yang criminal rule, only to the autocratic monarchy is the unprecedented brutality; Secondly, in order to rule on the punishment, Shang Yang wins one-sided emphasis on the law governing the people, the country side of this anti-people, in this theoretical system, people's behavior, the people only obey the law, the obligations of the law, but the no independent personality who have become slaves. again. Shangyang criminal governance theory, though advocates public law, law enforcement must be fair, but he would have advocated punishment in France in the first place, and specific requirements of the.
to the provisions of the law has paid no stipulation in the Victims of trumped-up charges. That is why in ancient China and the continuity throughout the ages since the law has only a tool for domination and to suppress the people, but did not become law to ensure civil rights of the system, its one of the important reasons is that the traditional theory of the rule of law determined characteristics.
and Shang Yang linked to criminal and Conquer, Shang Yang advocated thinking of agriculture and war, Shang Yang that the country only two things most important, first, farming, the second is war. country depends , mainly on the country's political, economic or military strength, while farming and war is the political, economic, symbol of strength, as long as these two things do a good job, the state can prosper. He said: , the main battle to be respected farmers. out, so that people take account of war. cause.
First, the goal is to support farming war. Shang Yang that the development of agricultural production, not only can make the country rich and strong, providing rich material for the basis of the war, more important, agricultural production is itself Wu soldier training school. He said: will be greatly promoted. Therefore, it seems in the Shang Yang, farmers poverty is not a bad thing, but the cause of the development of favorable conditions for agriculture and war, it is more likely because of poor farmers to contribute their lives for the authoritarian state as a tool.
Second, the farmer with each other into each other. Shang Yang that the primary role of agriculture is The role of the war is to to be self-serving, self-serving everyone, the country would weaken. have to work hard production, create wealth, the war has played a role in promoting agricultural production.
So, how unity of agriculture and war, the farmers of this track it? clearly recognize that Shang Yang, agriculture and war, the farmers it is a matter of affliction. He said: He said: socio-economic areas, including the maximum limit the number of merchants person skills, improve grain prices, ban on all business other than agriculture, so that the territory of the vast majority of people engaged in agricultural production, farmers usually nailed on, the war tied In the last war, agricultural production, power and manpower into each other,UGG bailey button, you can receive a strong military effectiveness of national wealth.
Shang Yang's agriculture and war thinking to the specific claim, it is an anti-people's minds, His ideas not only for the people based in the brutal food, labor for the sake of Lost, bitter and cable music, shame is Qiurong, the feeling of the people also. come, FELL, reputation shameful, life-threatening, but he will have to do, for what? He said:
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