Confucius is the paradigm of philosophy of law of harmony, “benevolence” is the cornerstone of its paradigm, June, individual, family and country and the people of harmony is the paradigm of content, ceremony, German, and means of punishment is harmonious, and constructing harmonious Datong is the purpose of the world.
Confucian political philosophy has always been valued by the people, but such attention is not comprehensive enough, too dependent on its moral thought, its philosophy too neglected. Confucius emphasized virtue as soft means and no means to ignore the rule of law, a tougher, the rule of law as a means of iron is absolutely indispensable, but if only emphasize the rule of law as a tool, abandon the moral basis of the rule of law, it contains a lot of theoretical risk, eventually leading to failure of the ruling. This is proved by the history, shows remarkable insight in this matter of Confucius and prescient. Regardless of morality of Confucius, is also the rule of law, the ultimate aim is to achieve a harmonious, can say that harmony is the paradigm of the philosophy of Confucius, as originator of separation of Montesquieu says we should use the law to clarify the history, to clarify the legal history. As pointed out by the historical School of Savigny, method is the generation of national spirit and national embodiment of consciousness, he also noted that law arises from not only the national spirit and national awareness, development of the law cannot be separated from the same national spirit and national consciousness. You can see from the Chinese legal system, Confucianism or lay in the Confucian consciousness deeply in our national brand, regardless of the law from the past, is also from the present law, more or less found Confucian shadow. Chinese traditional philosophy is based on Confucian’s thought of philosophy of law as the backbone and Orthodox, and the basic features of Confucian philosophy is ethical method, culvert on the relationship between legal relations to ethics, code of ethics to captain and guide laws, ethical value in for the law of value, so is ethics as method of primitive, noumenon and value orientation of philosophy of law. And this is both a concept and idea of ethics or into entities and outside objects, including individuals, families, groups, and both national ethics. Its connotation in the principles of the rule, in the political system and State structure. And Confucius ‘ Confucianism as the first person to do sth, its harmonious Chinese nation as a paradigm of the philosophy of law, of course, the Visual sense of law or the spirit of the law.
First, the cornerstone of harmonious.
Confucius is the entire purpose of legal philosophy of harmony, and Jen is the basic starting point of his philosophy ontology. Its basic meaning, as Hegel’s absolute relationship between concept and system of philosophy of law. However, Hegel’s concept of absolute time and space is an abstract, and ren of Confucius is highlighting the profound meaning of people’s subjective consciousness, is the sublimation of human practical reason. Inheritance of Confucius in ancient peoples social democratic legacy and abstract translated into principles of benevolence, established in his own blood clan ethics based humanistic noumenon of philosophy of law. This view of legal philosophy ontology is to be established, it is the legal subject status clear grasp of the phenomenon in the world, and reflects the development of Chinese legal history from savage to a harmonious civilization process, reflect the value being seriously, people gradually improving the status of historical fact. It from one side of the overview of the legal system of Chinese ancient society, put forward rational arguments. Confucian benevolence ontology content: first define what kernel? in the study of Confucian thought of the most reliable publications is also a Confucian classic!
In the Analects, told ren more than 109 times. Benevolence, love can be seen as always with an overview on ren of Confucius, Fan Chi asked yan. Confucius lover (the Analects · Yan Yuan). Love is the true feelings of compassion, concern and caring for others. These emotions through the filial piety, fraternal love, loyalty, faithfulness, Prince Gong, wide, sensitivity, wisdom, temperature, Leung, frugality, let, loyalty and other good deeds and virtues. Visible, ren is the sum of all kinds of virtues, is the highest pursuit of life. Be benevolent, it is difficult. So Confucius is never easy to benevolent people, nor to the benevolent self.
Since love is the true feelings of love revealed to others, so this thought reflects on people’s emphasis and concern. Publication: stable burned child go, said: ‘ wounding ‘? do not ask the horse. (The Analects · fellow villager or townsman) Corral fire, Confucius was concerned people have hurt. Confucius also of inhuman slavery so objectionable, the instigator, no designation (the Mencius · on the Liang huiwang), vicious curses Terra-cotta, wooden figurines of immolation of man with Earth. Clay figurines, wood figurines immolation, is so hated, you can imagine his sympathetic attitude to people. Confucius thought of love also reflects a profound understanding of the human value. He set off from the real world, based on the world, focusing on personnel, emphasized the existence of and respect for people, think humans can only be resolved by the humans, never’s hope that the ghosts: child, force, chaotic, not blame God. (The Analects · in) Zi Lu asked about ghosts, Confucius said, ‘ not who, how to please a ghost ‘. (The Analects · Yung) Zi Lu asked to die, Confucius said: unknown how known dead. (The Analects · Yung) he also said: the people, religion, by staying away. (The Analects · Yung), Confucius is not atheist, did not deny the existence of ghosts.
But he is to leave the question open to ghosts, kept at a distance of attitude, its purpose is to pay attention to personnel, not ghosts. Indeed Confucius stressed people is the goal, France and Germany just means. The relationship between moral and law is a source and stream, how can the people of the purpose of the relationship and why the people of known means. Person is uppercase in the philosophy of Confucius, born of heaven, Earth, human, which is consistent and Kant’s ideas!!! People at all times must be seen as objective.  Confucius by said of try a case, my Judah people also, will also makes no litigation between (Analects · Yan Yuan under), indicates that he resolve try a case and for no Court of legal method and target pursuit; legal penal evil just means and non-purpose, thus most ideal of State is everyone can comply with statutes and from by its penalty; rule of law of importance never means was: criminal heavy, and method cool, and case more, and prisoners all, instead evil method in essentially and rule of law is opposition of, real of rule of law Dang established good method Shang. Only benevolent good guy, the wicked (the Analects · LY Nhan); If interested in kernel, no evil (the Analects · LY Nhan); Ji Kangzi stolen asked Yu Kongzi, Confucius’s answer was: If the child does not wish to, although tours do not steal!
(The Analects · Yan Yuan) of a language (Ji Kangzi) stolen (Ji Kangzi) corruption; contact after the first religion, not teaching and kill that claims of child abuse. A spirit of national culture, ethical concept, reasonable core legal principles are unchanged, the law embodied in the kernel as the core, justice principles are immutable human purpose. Based on Confucian benevolence to promote social development, social justice, courtesy, moral education, benefiting the State measures to reduce the occurrence and prevention of crime, so as to build a harmonious society.
Second, harmonious content.
(A) people with great harmony.
In the Confucian philosophy of harmony between the first demonstration of the people and in June, Confucius knows of the relationship with the monarch. Also recorded in the book of the Xunzi had put people in the basic position of Confucius replied: and Cumulus smell it, June, boats also; the common person, water, water, boat, water, overturn it.  later famous water boat, can also overturn it this aphorism is at the base of this. In fact requires the construction of harmonious society of Confucius philosophy, coordinated relationship with the monarch, and this coordination of thought is that people thought and relative of the monarch.
1. people thought.
Recorded in the Analects: people in the kernel, rather than fire. It pointed out that people were looking forward to fire and more benevolent than demand urgent. Weight: people, food, death and sacrifice. That is in the minds of Confucius, people living in the first place, the second largest food, people actually still severe performance. Available Disan、sidian had joined the one sentence summary: shenzhongzhuiyuan, de thick. Caution is the running of parents ‘ funeral, recovery of far is to do well in ancestor worship, still is the embodiment of the thought of people. Mencius ‘ for your later, State Second, June light of thought remains the inheritance and development of this idea, that idea makes the most essential points of Confucianism. Zi Gong Wenzheng. Confucius said, ‘ enough food. Foot soldiers. The letter. ‘ Zi Gong said: ‘ have no choice but to go in the three first? ‘ He ‘ to soldiers. ‘ Zi Gong said: ‘ have no choice but to go to where the two first? ‘ He ‘ to eat. Both die since ancient times, people have no letter does not state. ‘ (The Analects · Yan Yuan) food foot fresh representative enough, now, is to promote economic construction, foot soldiers, is to strengthen national defense construction; the letter is to win. In the view of Confucius, death is not terrible, the worst is to lose popular support, lose popular support for the monarch is no cure for the blaze. Visible are dead since ancient times, people have no letter does not state who the rule of the principles is most difficult, is also a Grand people deal with harmony in Confucianism most precious spiritual wealth.
2. a relative of the monarch.
Although Confucius advocates humanism, but never denied the monarch’s dominance is only of relative of the monarch. Way in the world, go on a punitive expedition from son of Rite and music; there’s no road, the rites and go on a punitive expedition from the nobility. Dukes, covers ten Greek Cypriots losing; since the doctor out, v-Greek losing; vassal state of practice, sanshixi losing. Way in the world, the Government should not at the doctor. Way in the world, the common person is not discussed. (The Analects · Ji Shi) there’s no road here refers to the social life of all the political and legal order was broken, the Central Government to local control, there is no way to implement the command, formed a local separatist rule of dictatorship, the reunification of the country under threat. Confucius advocated national unity, and unified under one monarch. In fact this assertion refers to Confucius ‘ idea of absolute monarchy, against democracy, but, according to the requirements of Confucius, to become a qualified monarch was almost perfect, it is very difficult. Kid shoes, daring with a mysterious male, dare to proclaim after huanghuang; guilty not of their sins. Robinson does not cover, Jane in the heart of Emperor. I shall bow guilty, no to Wanfang, Wanfang guilty, I shall bow in the crime. Give: a week, doer is rich, despite the week-parent than renren.
People have, to a person. (The Analects · Yao Yue) thus Confucius advocated absolute monarchy was established with the people on the basis of this, the monarch must represent the interests of the people, or is not qualified for the monarch, they cannot live in harmony with the people, people will be up to overthrow him, thought of this idea is revolutionary, pointed out that in the book: world revolution and the four seasons. Tang Wu revolution, instead, who meets with the days.  century of good human State, could also win remnant to kill (the Analects · zilu); child said that of the Shaoguan: the best of us, and do good; that of the weapons: US Customs, not completely good. (The Analects · eight of a dance Squad) Tang Wu revolution should be said that Confucius was fully confirmed, but it was through war and win, compared with the Yu Shun perfect exhaust for, although the United States and has not made good, this sentence shows that the goal orientation of Confucian philosophy. Later, strongly commended the Tang Wu revolution of Mencius. Confucius advocated partly of the monarch in recognition of June, Robinson, is relative equality between people, is on the right and obligation of harmonious, not bias, unlike in later development to extremely Grand feudal dictatorship to Robinson died, Robinson had to die for the monarch of the kind of absolute rights of possession to Cape Collinson, far from harmonious pattern.
(B) the individual, family, national harmony.
In the Analects, Confucius also elaborated on their personal, family, national philosophy of harmony, their family, society and country among the three groups.
First, in the family, mainly in the form the harmonious relationship between man and man parent Chee children filial piety. Child on parents to best of filial piety. When the parents live, children should stay home serve: Confucius said parents, not travelled far, travel following. (The Analects · LY Nhan) serve parents, to make every effort to: parents, exhausting their forces. (The Analects ·) treat one ‘ s parents with filial piety to parents, not only should also respect. Confucius said: the piety of this, is that, as a dog or a horse, can have rather than, why not? (The Analects · political) disrespect, and raising a dog or a horse there is no difference. Therefore, by gift; died, was buried with ceremony, sacrifice ceremony (the Analects · politics). On the relations between parents and children, Confucius did not unilaterally request children fulfil his obligations claims on parents!!! John Keats. He Meng Wubo asked piety. Zi: its parents (child) disease worries. This remark while speaking or for reasons of piety, but on the other side shows, parents should love his son and General, lest their son’s illness is often thought that worry. Confucius says father parent, Kogo is the obligation of the parent to parent, that is, obligations of a child must do, and father look like a parent, loving care for the child, can justly demand zixiao. In addition, treat one ‘ s parents with filial piety to parents think their children should be at heart of Confucius sincerely respect parents, not distinguish non-, blind faith ignorance of parents of filial piety. Blind parents, is not a filial piety. Amiable piety is a different form of love, therefore, is a loving relationship between parents and children, rights and obligations between them is mutual. Later feudal parent for the child outline of principles of the code, all the powers vested in the parents, maintain absolute fatherhood, children only obligations, no right, apparently on Confucius thought of amendments. However, filial and fraternal love, and its known (the Analects ·), filial and fraternal love, honor your father, respect their elders, is the root of benevolence. This shows in the coordination of family rights and obligations between parents and children relations, value tends to fatherhood.
Second, in the State, mainly in the form the harmonious relationship between man and man-June envoys to, Robinson something Grand to loyalty (the Analects · eight a dance Squad). State is actually a family of amplification. Monarch equivalent to the parent, subjects correspond to our children. Therefore, move between filial piety and loyalty of Confucius, asked officials to June to cheating on King to shun. He reverses the pecking order in the spring and autumn era, ignoring the reality of monarchs and the whip, proper way in the world, go on a punitive expedition from son of Rite and music; there’s no road, the rites and go on a punitive expedition from the nobility (the Analects · Ji Shi). [World papers] insecure sovereign status, power down, chizhiwei moral chaos. He strongly advocated the taking, determine 君君, Robinson Robinson birthright of hierarchy, and is seen as a treatment of the priority tasks of the State: name not being the midst does not shun the thing, and not a rite be out of fashion, rites and be out of fashion in the penalty does not, penalties not then be at a loss as to what to do. (The Analects · zilu) in order to maintain the position of monarch, asked officials to June to dedicated, loyal: you, due to its body. (The Analects ·) things you do. (The Analects · eight a dance Squad, Robinson something Grand to loyalty. However, Confucius also had claims on June. June mainly to treat officials do their King’s road. June envoys to ceremony, Robinson something Grand to loyalty only to treat officials showed the monarch, his party allegiance monarch. He opposed the subject line does not distinguish the good and evil, whether the monarch’s stubborn loyalty. Subject to the monarch not to go out of one ‘ s way to Cury favour, should dare to advise frankly: not to be bullied, and offense. (The Analects · q) monarch if the shield a shortcoming or fault refused advice, subject would rather left him to go: take road King, is not available. (The Analects · q) monarch, wise, and will be an official; monarch, stupid non-road, to be an official shameful: Bang Eng, Valley, bang no road, Valley, and shame. (The Analects · asked), between the Emperor and harmony is in the form of love. Although this is a harmonious focuses on monarchical, but is restricted to the monarchical power. June Robinson outline is actually later generations on Confucius thought of amendments.
Thirdly, relations between people and between people in society is what you dislike yourself yourself (the Analects · of the Duke Ling of Wei). Clans and groups of countries in the relationship between man and man is primarily based on blood ties, political formation of specific identity relationship. In addition to these specific identity relationship is based on a common property of society and the formation of the relationship between man and man. Relationship between man and man are universal social groups, clans and groups in the country has the particularity of the relationship between man and man. So Confucius is how to construct the universal significance of the relationship between man and man is it? He said: the servant of the benevolent, wishes to State, and has to transmit. To collect close to Pi, Yan also. (The Analects · of the Duke Ling of Wei) they want to stand, but also to make others stand; want to satisfy their own requirements, the requirements are met to make others also, so people harmonious. Near PI method is to collect, that is, put yourself in, care from, push and the people for the sake of others. This method get on with people, Confucius also call it cheating. This is a positive way to live in harmony with people. Confucius said: do as you would be, yourself. Is that they do not like something, don’t impose on others. And human harmony, Confucius called it. Than it’s own desire State who own desire for loyalty with up to, and live in harmony with people in some negative way, but relatively easy to do. When Zi Gong asked Confucius: a word that could be life-line? (The Analects · of the Duke Ling of Wei) Confucius Quiz: their subject! What you dislike yourself, yourself. (The Analects · of the Duke Ling of Wei) loyalty seen as running through his own ideology of Confucius and the fundamental criteria of interest. The so-called way of the master, loyalty and truth (the Analects · LY Nhan). Zhong Road fully reflected the will of the people and mutual understanding and mutual respect between people. Compared to June, more equality between father and son sex, more in harmony.
Three, harmony means.
Confucius in constructing a harmonious society, mainly uses the following three methods: courtesy, morals, criminal.
Ceremony is a formation in Western Zhou dynasty, the complete set of institutions, etiquette and customs, the basic content of which is the blood as a link, junjun, Robinson Robinson, parent, father, Kogo as the core of patriarchal hierarchy. The first area to about. Confucius say: self-restraint and return to ritual as ren. (The Analects · Yan Yuan) visible, complex ritual as a means of self-denial. The so-called: See No Evil, no evil hear no evil, no evil. (The Analects · Yan Yuan) If you are able to discipline themselves, they can do without fault, never errors of conduct: the gentleman learned to text about by gift, husband to Bank of the River. (The Analects · LY Nhan) herself, naturally forming knowledge Shou character, self-care in the conduct of life, so that it will not go wrong, and human harmony; second, Yuejun. Keeping obligations are common for all of society, no one exception. June envoys to ceremony. Good morning, you never dared to disrespect the people. (The Analects · zilu) good morning ceremony, is easy to make (the Analects · asked), thirdly, to party. In order to save the world, he made a ceremony for the country (the Analects · advanced) political and legal advocates. He hoped that the nobility at all levels can use etiquette and humility to govern the country, considers as a land of propriety and compliance (the Analects · LY Nhan), social problems will be a good solution.
German words meaning both moral, conduct, there are also undok, meaning grace. Moral adjustment inner, purification of the mind. Confucius believed that Sage gentleman of monarchs should be of high moral character, is the embodiment of moral perfection. Zun five us, holding four evil (the Analects · Yao Yue). Confucius believed that politics to morality, such as the North Star, it stars arch (the Analects · politics), preach my benevolence, siren to (the Analects · in), gentleman’s accomplishment of the training, in particular those in power, emphasizing the moral basis of law. For the common people, and Confucius advocated by virtue of the road, aligned with ceremony, road to Government, aligned with punishment, people from shameless; there is shame and (the Analects · politics). He believes that, with the penalty to dispose of people, people only from the heart of the penalty, and no sense of shame, and ethics to guide the people, people will not only be contrary to the moral stigma of heart, and would willingly comply with social norms. Confucius also says wind gentleman’s virtue, Curs de grass, grass of the wind, will fall on one ‘ s back. [Papers in the world] (the Analects · Yan Yuan), which means ruler’s moral like the wind, people’s moral like grass. Rulers advocated moral, governance will be as smooth as a straw in the wind. In short, the source of Confucian philosophy of law, it was his moral philosophy, good laws are derived from good virtue, is respect for people; draconian laws derived from the evil German, is contempt for people; that is, and, without exception, and even Kant said that the ultimate purpose is the Mission of all of mankind, and this mission is the philosophy of moral science. To moral philosophy for all the other rational pursuit of superior status, we have since ancient times has been both understood as philosopher of this name, and first of all, understood as a moral science.  the importance of the rule of law is that it is the moral law applies with the necessary means of implementation and fundamental guarantee, is a regulation by virtue of its purpose, is social harmony.
In General, the law established on the evil of presets, is passive, preventive and punitive; morality based on good presets that are proactive, self-discipline and improve. Of say of good and evil is prevention, and in real life, perfecting and do of the evil men who exist, but are very rare, Wanli hard to pick one. The vast majority of people are intersecting mix of good and evil, but the proportion is different, you increase the complexity of human approach, but this position, shows that majority of plasticity, indicates that the necessity of the moral and legal punishment. If we on humanity estimated too low, awareness not to people most can through education reached has shame and grid, and negative Dehua of necessity, that is on humanity of errors read; but if we towards another extreme, on humanity estimated too high, thought all of people are can through education and reached has shame and grid and negative align of to criminal, people from and shameless of rule of law necessity, also is on humanity of errors read. In the view of Confucius, who is not a simple congenital problems of good and evil, but similar, XI Xiang Yuan (the Analects · Yang goods) shaping the day after tomorrow, and thus create a human existence through Dehua, the rule of law, good environment for the growth is vital. He very seriously, punishment for Germany, maintains an appropriate level of tension between the two, and should not have too many things to take care of at the same time. He said: the good and the Ephesians! Political kuanzemin slow, slow correction with Meng. Slam the residual, residual effects in wide. Width to JI Meng, Meng jikuan, politics is based on and. (The RAR · zhaogong 20 years) in Confucius’s view, only the complementary Dehua, the rule of law, to good situation, national dazhi. Confucius to g by courtesy, as a means of punishment of Germany, has been cultivating moral character. Reached its purpose then align, alignment and governance, governance and the world (the rites · universities), the ultimate goal is to achieve social harmony in the world.
Four, harmony of purpose.
As the originator of Confucianism of Confucius, is its central task of ideological and moral character, family, country, flat world. Its aim is to hit the world thought of harmonious Datong ideal law, in the rites of the Confucian classics in one of the five classics · ritual games article full of vivid description, modern pioneer of Chinese revolutionary Sun Yat-Sen’s ideal and ideological origin is derived from this of all under heaven are equal. That vision has inspired countless people with lofty ideals for thousands of years to explore and to struggle constantly. Confucian ideal of harmonious society is presented by: carers, friends, small arms. Until today, we view this three point are is great of ideal, in today world range within also no which national can to this three who do was comparison satisfaction, may in today of people seems, this a ideal too not reality, and too pedantic has, Confucian thought also often was people criticism too high-sounding and impracticable, Confucius I on was sarcasm for know its not and for of, as panic-stricken homeless dog. But this is what Confucius honored as a Saint by later generations of noble, later Confucius Sage of Zhang Zai’s heaven and Earth in the song State heart, living people erecting one’s fate, as a secondary juexue Saint, for Jesus Christ opened Pacific is also ideal for flush direct inheritance of university governance and become a long spiritual pillar of the Chinese nation. Law, legal culture and the modern legal thought and legal culture has some amazing agree without prior consultation, thought of Confucian ethics law is also included on the rational enlightenment thought by many modern systems. Accumulation of legal concept it has deep in our consciousness. One can Hong Road, Hong-man non-road. An in-depth study on it, help us with our traditional legal culture of ethnic insight.
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