The Chinese traditional law philosophy in this article，It is a systematic expression obtained by creative transformation of classical method。Chinese traditional law philosophy research，That is, the academic work expressed by the systematic expression through creative transformation of the classical method。This work is different from the history of the so -called legal thought、History Sociology、New Scripture, etc.，With unique concerns and methods。

Study on Classical Fa Thought，It should be headed by the subject of the history of legal ideology。but，The mainstream paradigm of the history of Chinese legal thought has two major features，limited its research object，It also affects the full play of its functions。First，Liang Qichao、Yang Honglie and other ancestors of Kaishan went to Gu Weiyuan，The "law" they understand mainly refers to the so -called punishment of "Kangxi Dictionary"、Law。So at them，Classical "Law" ideas are often equivalent to the skills summary and theoretical sublimation of those who are full of criminal regulations。The characters suitable for their taste may be pre -Qin legalists，So as to the late Qing Dynasty curtain and legal reformers。But these characters are not the main trunk of Chinese culture after all，can only be counted as branches and leaves。So even for the "History of Chinese Thought"，The history of the legal thought of the mainstream paradigm has always been a relatively marginal research field。Second，They adhere to the attitude of historicalism，Putting the classical method back to the society at that time、Culture、The academic environment is to solve it。The interpretation of the income although bet365 best casino games the root veins are deep in the homeland，But the form of the words is almost irrelevant to the contemporary establishment method and practice。Therefore，For modern Chinese law，Research on the history of legal thought can provide more like the treasures displayed by the museum。Of course, these achievements can meet the needs of national emotions to a considerable extent，But in front of Western exchange products，Maybe there is no risk of losing color。

In recent years，Legal and cultural steering of the study of the history of legal thought in China，It has a better correction on the above problems。Legal culture researchers accepted modern Chinese、The concept of "law" in law，Aware of it like Yan Fu，Ancient correspondences such as the "law" in modern Chinese，From this greatly expanded the scope of research。Metal Method、National Law Consciousness、Popular legal concept、Frequent legal knowledge、Value factors in legal operation have entered our vision one after another。Because these contents have a great historical continuity，Legal and cultural research and contemporary legal practice have also established a closer relationship。

Chinese traditional law philosophy research benefits from the academic contribution of the above two studies，But there are still different concerns。Compared to the mainstream paradigm of the history of Chinese legal thought，Chinese traditional law philosophy research attaches more importance to Confucianism，Especially in Confucian。Because Confucianism is the outline of Chinese cultural tradition，Outline; and the "philosophy" characteristics of science are more prominent，Easy to creative conversion。and compared with history，Philosophy Studies hope to explore those relatively transcendent society、Basic issues of cultural context，I also believe that the philosopher in the past had in -depth thinking。The answer given by the Bet365 app download ancients，For these problems today，Still inspiration。Therefore，If you can sort out the views on the basic issues related to the "law"，Then the connection between Chinese traditional law philosophy and modern Chinese law will be much closer than the legal thought，Don't worry too much about the change of ancient and modern changes in the establishment of the law system itself。

Compared with legal culture research，Chinese traditional law philosophical research pays more attention to individuals rather than groups。This individual perspective，and diverseism、The value of universalism is related。This also involves the differences in the research and historical sociology of traditional Chinese legal philosophy。

Weber -style historical sociology has affected the Chinese legal community。Its biggest feature is，The construction and application of the ideal type，Chinese academic, including classical method thinking、Culture、History and tradition overall belongs to a type。and，Weberist ideal types often not only have space significance but also have time meaning，Evaluation criteria that implies modernity。Regardless of whether Chinese law is Kady's justice or a physical rational law，Relative to the form of rationality in modern West is "low -level"，It needs to be completely transformed to turn to a more "ideal" form。It should be said，History sociology research is quite helpful for us to fully understand the process of "China" and its modernization.，Its theoretical products also help us do something in legal reform，Strive for fish and bear's paw。but，As a vast civilization，Chinese academic、Culture、History tradition has the same complex diversity and diversification as the so -called "West"。In the research of traditional Chinese philosophy，We often discover，The same core category，The understanding bet365 best casino games and use of different scholars will be completely different。This phenomenon also exists in the history of western academic development。So，For some basic questions，China ’s Xianzhe has a long time to say a special answer。It is this richness that guarantees that Chinese tradition is also commonist，After all，The only way to deal with the infinite possibility of the problem is to maintain the infinite possibilities of the answer。Compared with this，The kind of plan that is found in modern West (England/North America) is allowed to be allowed.，Finding or excluding the corresponding objects in Chinese traditions，It is a bit narrow and too laborious。

Of course，For the convenience of understanding and learning，Under the premise of adhering to diversity，Diversity of traditional internal diversity can still be simplified as type science。For Chinese academic tradition，Especially in Confucianism，In the past, there were three series、Four Series and other classification methods。No matter how many series，The key is the original origin in all key areas，Is it reasonable，Still heart，or sex、Qi and the like。This difference is reflected in the philosophy of law as the different tendency of self -discipline and his law。Inside the traditional Chinese philosophy，Many people in Zhu Zi believe that specifications come from external，Individuals should be strictly constrained; although some adhere to the standards from external，But considers obedience to the specifications mainly depends on consciousness; and many people in Yangming after school believe that the norms come from the heart，Individual behavior is also allowed to judge in the heart;，It is like Liu Zongzhou，Although acknowledged specifications come from the inner heart，But I also agree that individual behavior must also accept specific rules that are almost external constraints。There are Bet365 lotto review no natural views in these four views、Absolutely correct，A corresponding object can be found in different periods of the West。In different situations and different situations，The guidance of a certain view will be stronger，Then other opinions will be replaced。They jointly form a diverse and common academic tradition in China。

What needs to be emphasized is，Chinese traditional law philosophy should also be different from the so -called new classics。The "New Scripture" as a classical literature is very valuable，It is a necessary condition for us to know and know new。But some scholars have，Frequently "this sentence has a different understanding。So，The classic is the ancient works that you want to read from "frequently"，It has become "constant" constant ethical guidelines。This is what most researchers that Chinese traditional law philosophy cannot agree。The so -called classic，Although it has its representativeness and influence，But classic writers and classic texts have long lost their irresponsible authority in the contemporary establishment law。Contemporary Establishment Law contains a set of value，New Scripture or Traditional Law Philosophy can be integrated with it，Criticism，Even finding a collision，But it is required that contemporary people must accept the entire values ​​of the classic without regarding the provisions of the actual law，It's too unrealistic。The discipline system of modern China is no longer the appearance of the "four parts"。Chinese traditional law philosophical research is the product of the introduction of "seven subjects"，and the change of the new script。

above said，It is the history of Chinese traditional legal philosophy and legal thought、History Sociology、Different from the New Scripture。So specifically，How should this work be carried out? The development history of Chinese philosophy bet365 best casino games in modern times，May give us inspiration。Whether it is Hu Shi、Feng Youlan，Still Zhang Yinnian，All advocate "Research on Analysis of Chinese Classical Philosophy" (Zhang Jiannian)。The so -called "analysis" research，mainly refers to the insights of the ancients，According to the basic questions discussed，Modern expression of systematic system。Say in Hu Shi's words，"The content of each book must be blended with the purpose，Find a veins，Performance into a family that has a clue ""。Analysis work is particularly important for ancient Chinese materials，Because the ancients often wrote their own opinions in preface posts、Letter and other applications，or edited by later generations into a scattered quotation，No hard work and loneliness，I often don't see the eyebrows。Unfortunately，The mainstream paradigm of Chinese philosophy chooses ontology、Identification Theory、Idealism、Materialism as a clue for organizing ancient materials，The results of their income have basically no direct function in modern Chinese law。In this background，Chinese traditional law philosophy research can enrich the knowledge and discourse of Chinese philosophy，and not standing under the corridor like the history of legal thought，and can be entered the room。

but but，We must also admit，The relationship between Chinese traditional law philosophy and general so -called "jurisprudence"，I am not as close as the discipline of Chinese philosophy。The "jurisprudence" in contemporary legal science is based on basic legal concepts and formal laws as research objects，By the general theory of legal doctrine。It about the legal system、Law source、Say back、The discussions of the legal and methods are completely accumulated in the West after the 19th century，It has nothing to do with ancient China。Therefore，Different from Chinese traditional law philosophy research，Finding this meaning "jurisprudence" Bet365 lotto review content in classical law may be more effort。Say back，The discourse system that will contribute to the Chinese Institute of Traditional Law，It is not irrelevant to modern Chinese jurisprudence。The reconstruction and familiarity of the Chinese traditional law philosophy，Tao Yang us uses Chinese to capture the human heart、Artistic Newly Said Art。A more ethnic style of modern Chinese law will grow up。

(Author is an associate professor of Law School of Tsinghua University)