William P of Harvard Bet365 app download School. Professor Alford once mentioned in an article,1970s,As a graduate student, he has a special liking for Chinese legal history,But the famous sinologist Rui Woshou (Arthur F. Wright) was completely puzzled by his interest,asked him doubtfully: "Young man,You look quite smart,Why waste time on Chinese legal history?"Professor An Shoulian said,This was the first substantive problem he encountered when he was a graduate student。Rui Woshou (1913-1976) was an American,PhD from Harvard University,Long-term professor at Yale University,Is one of the founders of American Sinology。When I was a teenager,He traveled to China and Japan with his parents,Fell in love with Buddhism and Eastern culture,I went to Beijing twice for further study during my graduate studies,Familiar with Chinese in addition to native English、日、法、Germany four languages,In-depth research on ancient Chinese Buddhism and Confucianism。Saying that Professor Rui Woshou does not understand Chinese history,I’m afraid no one believes it,But this is how he views Chinese legal history,Other scholars can also imagine。
All the time,Sinology and Chinese studies are very developed in the United States,However, until the 1990s, there were very few specialized studies on Chinese legal history,Many scholars simply ignore the existence of Bet365 app download and legal life in Chinese history,Or put them in an extremely peripheral position。This is the Western view,We are not optimistic here either。Recently,Intellectuals often look at China’s traditional laws through Western colored glasses,To date,Most teachers and students at our Bet365 app download schools know little about Chinese legal history,Only understand some textbook dogma,Believe that ancient China was governed by humans,The Bet365 app download "focuses on punishment", etc.。Thousands of years of Chinese legal history,It was summed up in a few words,What a pity。Chinese legal history in their view,It is often nothing more than a negative teaching material compared with modern laws and legal concepts。
Etiquette and Bet365 app download: The Historical Connection of Bet365 app download
In view of the criticism of Chinese legal tradition by Chinese intellectuals in modern times, they may have misunderstood ancient Bet365 app download,Either attach them to Western legal types,"Ritual and Bet365 app download: The Historical Connection of Bet365 app download" (revised edition) clarifies the origin of ancient Chinese Bet365 app download,Restore the true colors of traditional Chinese Bet365 app download。The book distinguishes between ancient Bet365 app download and traditional Bet365 app download,The true appearance of Bet365 app download in traditional Chinese society is ancient Bet365 app download,It is the wisdom of the ancients,The understanding and construction of ancient Bet365 app download by later generations is traditional Bet365 app download。It can be said that the ancient Bet365 app download is a fact,The traditional method is the researcher’s understanding、Interpretation and reconstruction,There is only one truth,Interpretation can vary depending on the tools or theories used。In this sense,Any study of ancient Bet365 app download is constructing traditional Bet365 app download。The ancient Bet365 app download has ended with the revision of the new laws and the constitutional movement in the late Qing Dynasty,Traditional laws come in different forms,Different builds will see different traditional laws,But the "traditional Chinese Bet365 app download" constructed by many scholars in modern China is based on Western Bet365 app download,It was formed on the basis of more negations than affirmations of ancient laws”,This traditional method is to connect with the West,The truly valuable traditional Bet365 app download should be the bridge connecting ancient Chinese Bet365 app download and modern Bet365 app download。This book is committed to being based on rigorous ancient legal documents and historical materials,Clarify various misunderstandings of ancient laws,Reconstructing China’s traditional Bet365 app download,And discuss the development and characteristics of traditional Chinese Bet365 app download,And then faithfully show the true situation of ancient Dharma and Dharma traditions。
In the opinion of Professor Ma Xiaohong, the author of the book,Ancient Chinese Bet365 app download includes not only “punishment” and “Bet365 app download”,There are two forms of "ritual" and "Bet365 app download",The two are not opposite,But a mutually reinforcing community。The Bet365 app download includes the codes promulgated by various ancient dynasties、Bet365 app download、Laws of entities such as order and regulations,Also includes some rural rules and regulations and family laws and regulations。The scope of etiquette is even wider,From an institutional level,On the one hand, etiquette is the country’s institutional rules and etiquette,Including court rituals and etiquette of different social classes,For example, the imperial sacrifices,People of different levels should enjoy different standards of food, clothing, housing and transportation;On the other hand, etiquette is the etiquette and rules of communication formed between ordinary people in daily life,It is the basic standard for common people to deal with sweeping and sweeping。At the same time,The ritual itself also contains the value pursuit of traditional Chinese Bet365 app download,such as fairness、Harmony, etc.。Rites are not created out of thin air,It comes from the teachings of the sages,It is also a norm that has been formed in the public and private lives of Chinese people for a long time,Closely connected to people’s lives。A person is not only educated and influenced by rituals from birth,Will continue to practice the norms of etiquette in life。The ritual itself is also recognized or tacitly allowed by the country,So it and the Bet365 app download together constitute the normative system of ancient Chinese Bet365 app download。In this case of legal pluralism,The Bet365 app download itself is the Bet365 app download written on paper by the elite,Rongtianli、Human feelings and national laws are integrated into one,Mainly implemented by state agencies,The norm in people’s daily life is etiquette。People restrain each other,Therefore, most civil disputes can be resolved without the intervention of state power,This way,Form a natural harmonious order。Under this order,Traditional Bet365 app download is not only mandatory,At the same time, it is also a considerate daily routine,Besides resolving disputes and maintaining order,It can also settle life and people's hearts。These are what modern laws lack。
Using traditional wisdom to settle Bet365 app download people’s hearts and lives
Starting from the late Ming Dynasty and the early Qing Dynasty,Thinkers such as Huang Zongxi began to criticize the traditional Bet365 app download they constructed,Calling it “family Bet365 app download” and “illegal Bet365 app download”。Late Qing Dynasty,As the national crisis worsens,Intellectuals criticize tradition more violently。When the new laws were revised in the late Qing Dynasty,Participants had a heated debate on whether to retain elements of traditional Bet365 app download,Although in the end both parties reached a compromise to a certain extent,But the new Bet365 app download is mainly guided by legal positivism, which advocates the separation of Bet365 app download and morality,Based on the concepts of individualism and contract,Basically abandoned traditional Bet365 app download。After the founding of the Republic of China,Vientiane Update,Disintegration of traditional society,The unity and continuity of traditional Bet365 app download are severed,While the warlords are at war with each other,Social unrest,Moral corruption,Contemporaries lamented: The Republic of China was not as good as the Qing Dynasty。But the anti-traditional tone has not changed,There was a strong anti-traditional trend during the May 4th Movement,Mr. Lin Yusheng calls it “solving problems through ideological culture”,In other words, all the problems that occurred in China at that time were attributed to Chinese traditional culture。In such an atmosphere,The rules and regulations in the "Six Laws Complete Book" of the Republic of China are clearly written,Most judges have also drank foreign ink,However, the legal situation in the Republic of China was not satisfactory,Abandoning legal tradition is one of the reasons。
The legal knowledge at that time was imported,Not localized,Many of the legislators have doctorates from foreign countries,Speaks fluent foreign language,Familiar with Western legal concepts,But we know very little about the daily life of ordinary people in China,On traditional Chinese Bet365 app download and Chinese economy、The idea that politics and society are closely related is extremely unfamiliar,But we hope to use new laws to regulate and transform the lives of ordinary people,But many of these laws have nothing to do with the norms in ordinary people's lives,The habits and concepts that the people have maintained for many years need to be changed with the Bet365 app download,People’s lives are naturally in chaos,The Bet365 app download will inevitably not achieve good results。So the fundamental problem of Westernized laws in the Republic of China is that they are divorced from Chinese people’s human life,Therefore, it is impossible to settle the hearts and lives of Chinese people。
After the Revolution of 1911,Kang Youwei is deeply saddened by the chaos and decadence of the New Republic era,It is said that at that time, "all the laws and regulations of the old system were obeyed",Get rid of all gains and losses regardless of right and wrong,Fantasy、Beautiful political and religious customs,Don’t care about the right and wrong and just follow it”,As a result, China’s thousands of years of customs and habits were destroyed,Resulting in "the rule of Bet365 app download is broken,Etiquette and education are all weak”。But when Westerners established republics, they conservatively preserved their traditions。What is deplorable is the former reform leader,At this time, he became a conservative who upheld traditional laws。He deeply realized that after abandoning the legal tradition,The destructive effect on society。Kang Youwei’s views are biased but thought-provoking,Recently,China has experienced several large-scale legal transplants,Leave aside the political aspect for now,Legislators want to use the legal concept of transplantation to reshape the lives of ordinary people,Danxi people’s good laws and good intentions,When we arrived here, there were oranges in the south and tangerines in the north,Making a scene,In the end, people are people,The Bet365 app download is the Bet365 app download,Still doing their own thing。Because the Bet365 app download is fundamentally a rule from society,Society is formed on the basis of culture and historical accumulation,Therefore all laws are inseparable from the source of tradition。Today,We are in an era where ancient and modern times are intertwined with China and the West,But Chinese cultural traditions influence every Chinese like genes,The Bet365 app download that governs Chinese people’s lives should be based on Chinese culture,Traditional Bet365 app download is an important part of these cultural genes。
(Author’s unit: Shaanxi Normal University “One Belt, One Road” Construction and Collaborative Innovation Center for Central Asian Studies)
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