荀子禮法學理論的法文化學思考

1、中南民族大學碩士學位論文荀子禮法學理論的法文化學思考姓名：湯莉莉申請學位級別：碩士專業(yè)：法學理論指導教師：鄧紅蕾20080520荀子禮法學理論的法文化學思考 IIAbstract Law,as a culture phenomenon, Rooted in a history of the environment,is a reflection of culture of a certain period of ti

2、me. Legal culture, as a cultural concept of a subordinate, to understand or explore it, must be premised on the understanding of culture at that time. In the cultural context of the law and its legal analysis

3、 of thinking, is advantageous in the understanding law and the legal thought value and the significance. As the legal culture has inherited, the analysis of traditional law and its legal thinking on the basis

4、of an abstract also the law of the State and its legal thinking of the law of development of a country's rule of law is of great theoretical and practical significance. Xun zi, as the master of the pre-Qin thought, t

5、he essence of his thinking is made at the law with the idea that the ceremony of legal theory,named theory of ritual and legal science. Xun Zi thought that must reconstruct the social order, “the ritual

6、“ is essential, this is because, “the ritual “ is the governing principle politics guiding principle, is the high and low is able to discriminate, precedence maintained between seniors and juniors basis. Xun Zi whil

7、e is emphasizing “the ritual” important, but also emphasized specially “l(fā)aw” the important meaning, believed that a country, the pure dependence “the ritual” is unable to govern, but the law governs one of

8、national important means. If to violates the law ,the human does not perform to punish, the people will refuse to accept, the society will be unstable. Therefore, Xun Zi in absorbs in the strong points o

9、f various schools, proposed “prosperous ritual heavy method ” , the etiquette develops simultaneously position. Xun Zi's position has the positive sense without doubt regarding the national unification, has also h

10、ad the profound influence to the later generation, namely, “ prosperous ritual heavy method “ has become all previous dynasties each dynasty substantive governing guiding principle, thus occupies the important sta