The Chinese nation originated from the great river basins and the fertile land along the coast nourished the ancestors of happy families. Frequent floods break the difficulty of perfection. It must be a long-term and large-scale water conservancy construction to make the ancestors accustomed to obey the unified leadership and celebrate the brave and selfless water conservancy heroes. The ancestors who gathered the strength of everyone to resist the forces of nature and gradually won had a good chance to understand themselves. There is no trace of God in the Misty compared to the survival skills taught by their ancestors and the hero worship that led their ancestors to flood, and they also pay more attention to the hard-won peace of life. This rational mapping serves the realm of thought, thereby producing a caring person who lives his or her thoughts and speech. , one of the masters of pre-Qin Confucian ancient books formed on the basis of extensively absorbing the essence.
The definition of Pre-Qin Confucianism
As covered, the controversial Pre-Qin Confucianist Xunzi is often the focus. I believe that in pre-Qin Confucianism, the essence of Confucius and Mencius is "benevolence" and the importance of self-cultivation and human reflection, which can be described on either side of the so-called "near analogy". Xunzi Confucianism, but outside, in "Mind", which focuses on all external constraints, establishes the code of behavior such as "courtesy", and does not include the thoughts of Confucius and Mencius in the pre-Qin period.
The main contents of Pre-Qin Confucian legal thought
(1) Ren
Confucius, the founder of Pre-Qin Confucianism, was devoted to paying attention to the practice of human life and shaping the characters. Not talking about ghosts, not talking about the spirit of "the other side". He borrowed "benevolence" to establish the lofty ideal of human beings. In the case of Bosch, can people describe the collection as benevolence? Confucius's answer was: "What's the matter with benevolence; the necessary sages are not equal! Yao and Shun are still sick! The husband's kindness has been the status of Yuli. His purpose is to reach people." (Yong) "Benevolence" is a broad and profound human being The humanitarian ideal of love that indeed Yang Mi Gao, Yao Shun, and even countless ancient sages praised by Confucius could not fully achieve. For the Chinese, "benevolence" is the sacred height, and there is no personal "God". The difference is the "other side" of personified "god", "benevolence", but at its pinnacle in the real world. Confucius and establish some close contact with reality, the exact connotation, which can be used as the target of the battle "benevolence", such as "love", "pan-love for the public," flute, keep, and political "first" After teaching, he was punished. It makes people feel that the moral pinnacle of "benevolence" is still rooted in the earth, rather than being elusive and elusive, so it has the courage and confidence to approach others.
Mencius said that the people based on the metaphysical concept of "benevolence" in Confucian philosophy are basically good. Said, "Sympathy in everyone; mercy, kindness ends; not from the outside, my inherent Firth (paste)" Compassion in the heart, intolerable circumstances. Touching the tenderness that is instinctive and seems to have some success with the release of life outside and life's path is not a bad idea because it contains meaning and it reveals what others are feeling without being prepared for anything. "(Liang Shuming said) This explanation is similar to the "good" in Greek ethical thought and the Huayan spirit of Buddhism. Gift
(2) The gift is the externalization of benevolence, a requirement for the cultivation of inner qualities. Confucius' concept of "ritual" is the legacy of Zhou. The "ritual" in Zhou is an idea that maintains the social order of various social civilizations. "Ritual" is an external heteronomous norm and institution to be observed. Rituals are performed as external laws and institutions. Confucius' "ritual" accumulation of "benevolence" and "ritual" has given up its enforceability. "Oneself as a human being comes first", is he a person who denies himself and returns to the world of rites and returns to humanity to carry out humanity? "Therefore, "people are not benevolent" and "gifts", he is completely dissident from the outside and will not be willing to create things." The award ceremony has become an inner benevolence and an external gift for his inner instinctive virtue and spiritual consciousness. Unified with "Ren" through "Li", the human spirit no longer sticks to rigid laws and systems. He puts aside the "ruthless" numbness of "Ren" and "Ren" to promote the flow of blood, which is the inner part of Confucius' "Ren". The highest evaluation standard for oriented external behavior.
(c) Rules for Men
In Confucian care and life, it is inevitable that social groups rely on people to send attention. A utopia based on the pious aspirations of the pre-Qin Confucians for peace and prosperity. Li's rule of etiquette, which focuses on people rather than rulers and the implementation of purely legal mandatory rules of pleasure, has become a necessity and the theoretical basis for human goodness. The pre-Qin Confucian way of organizing respect in society can be summarized as "internal benevolence and external propriety", that is, the "gift" of "benevolence" ideological and moral cultivation and external norms and judgments are not used to coordinate people's behavior to achieve social harmony. state.
In the process of management, social organizations, people's behavioral norms, from the outside, are controlled by other people's behavioral norms, called his organization, and the same ideals and beliefs, psychological ethics and Values ??of people? As a result of tacit understanding and conscious regulation of personal behavior, called "self-organization". With the two concepts of "self-organization" and harmonious dialectic thinking - he organized a coherent characteristic. .
The first explanation of Confucius' benevolence is "love", which is a standard of personal moral cultivation and the highest political management principle for dealing with relationships between people.
Therefore, in benevolence, "while emphasizing the development of subjective spirit and morality," benevolence becomes a person's inner experience and external practice, limiting people's way of thinking and moral standards for specific behaviors. The way in which the vitalism of personal moral cultivation, ideological and moral cultivation and the political state are combined, becomes a means of social organization, promoting the function of "internal benevolence and external courtesy" and "self-organization".
Secondly, Zhou Gongdan After the system of Zhou Li, "Li" has become the sum of the behavioral rules of the entire country, community, family, and individual. For this reason, the ritual has the political function of consolidating state power, maintaining the monarchy, and governing the country; therefore, it is an integral part of the coercive power of law and the support of state power. "Li" is essentially the pre-Qin Confucian "law" as an objective, external system, the power to regulate people's behavior, and the ritual organization of inner and outer.
Benevolence is the subjective moral cultivation, and the ritual is the objective rule, which serves as the inner consciousness to facilitate the external control system. They strengthen each other, along with the mutual fusion of inner benevolence and outer propriety "the relationship with the internal and external decoupling structure has the characteristics of "self-organization - he organizes a coherent one.
What needs to be explained here is that, as mentioned before, "the ritual of self-discipline builds the perfect unity of Confucius, the ideal state of benevolent and ritual behavior that does not violate the rules, and cannot be regarded as the ritual of Confucius." Heteronomy absolute negation. The only way to go is the realm of "propriety", heteronomy and self-discipline. The most crucial thing is that the "gift" must satisfy the benevolence of its officiant as a model.
Those who follow the rules are governed by the rules and the rituals of governance.
Pre-Qin Confucian legal theory
Pre-Qin Confucian etiquette and law, combined with China's self-discipline, the safe operation of society, until his laws, perfect self-discipline, and then the coordination and service of Ming Jun Xian Robinson, constitute A utopian political vision. The reality is that the fight is not the experience of aging, but the model of a hundred generations, not the rise of a surname, but the selfish interests of peace and harmony are very different from the premise of this ruler, so it is not unsuccessful.
The natural Confucian Confucius advocated the "loss" of Celebrex from the beginning, thus having the ability to nourish and mix the system's openness and other worldview systems with the lessons of other philosophies. Its implementation of Confucianism as a ruler's successors continued to cause the "loss" of many people and was thus a long-standing stage in history. The political and legal thought of Pre-Qin Confucianism has always been "lossy" and almost beyond recognition. It can be said that Pre-Qin Confucianism has been lost as a system in the long history. What still inherits Confucius' thoughts and spirit is only a part of it, which has a long history, and even the technology has reached the flesh and blood of the Chinese country and has become something deep-seated.
1. Benevolence
The influence of "Ren" in Confucian legal thought can be described as the most profound. Negative rulers only consider their own interests and point out that the interests of "people" must be taken into consideration. To reconcile the relationship between the ruling class and the people and achieve significant results, the previous "peace and prosperity" did not dare to undertake the policy of political legislation of this concept. It is difficult to deny the role played by the alienated pre-Qin Confucian vision of Pacific statecraft in achieving smooth social production and sustainable development of Chinese civilization. Our predecessors have proved it through many detailed analyses, and I will not go into details here.
2. True devotion
The beginning of this article points out that the pre-Qin Confucianism innate care for real life, "without a word of superstition" admirers "benevolence" although Paul Tillich called "ultimate care", but Religion towards the improvement and ideal of heaven, but to follow the so-called teachings of moderation, "the fullness of heaven, and the so-called Tao of monasticism" is implemented in the day-to-day life of the entire society. This has a huge influence on future generations:
(1) The moral rationality in our culture is very developed. The ethical and moral concepts throughout the history of Chinese thought are in people's minds.
(2) Over-indulgence in reality rather than transcendent "other side" thinking will inevitably lead to rigidity, alienation, and vulgarization of thinking in a certain period. For example, Confucius's "Restrain oneself and restore propriety and benevolence" said "Mencius" and "Yang Xuenmo good wishes", which are based on the necessary recognition of everyone. "Under the premise, from the maintenance of family, clan, and these communities of the country, it is emphasized Rationality moderates unreasonable restrictions on people's desires, including those in power, including moral virtues and letters of wisdom, such desires, but the next few generations will focus on the Chinese reality system, Cheng-Zhu Neo-Confucianism, "development", how "Saving Justice and Human Desire," the classic theoretical foundations of asceticism.
(3) Realistic dedication is also reflected in knowledge. Pre-Qin Confucianism has rich knowledge connotation, "the attitude of learning without thinking. Although it is desolate, thinking without learning is dangerous." The red bloodshot hands are particularly It is emphasized that "wisdom" is not an expression of interest in pure rational speculation, but the principle of "morality, utilization, and welfare" focuses on solving specific problems in real life. For thousands of years, people's pursuit of knowledge has been very utilitarian, and then developed into a prosperous scene. Therefore, people can intuitively create the four great inventions. People who do not understand its scientific principles are imprisoned fireflies, reflecting the light of the snow. The whole country studies books on statecraft, but the intuitive ability and logical reasoning ability of fiery death will not appear. When the fruit ripens, some meditate on Newton's tenderness, leaving the mind to ponder light and refraction. Whether this way of thinking is reflected in thought or excellent law.
Confucius's system of benevolence mentioned, "With and correcting mistakes, hell, learning from Yao and Shun, this is a very intuitive way of thinking. It seems quite perfect at first glance, but it is impossible, everyone is Yao and Shun , so this method is not a method. theory. At first glance, it seems quite perfect, but the monopoly of the highest power may not be willing to accept it. Just like Fan Zhongyan's "anti-dogmatism", the monarch can do whatever he wants at the theoretical limit. The moment of acceptance may not be able to avoid the result of "people die and the government rests." Then, no matter in good times or in bad times, no one has a logical analysis framework for the entire political system, but is limited to a new round of alternating cycles of law and chaos or weak or strong struggles. Overall The transcendental resistance of Pre-Qin Confucianism was inherited, and after variation and fine-tuning, later Confucianism excluded the same level of reality and could not transcend it. This is one of the reasons why China's feudal society was very long and produced democratic ideas in the later period. .
3. Thick and thin individuals
Pre-Qin Confucianism focused on people as a whole, "no child should be left behind." Its basic starting point is to safeguard the common interests of the family, clan, and country, insist on a sacrifice of individual differences and individuality to maintain universality and universality, and praise people with lofty ideals who "kill their lives to achieve benevolence" and "dangerous and deadly" The spirit of Bushido was indeed effective in promoting social development in a certain historical period. It inherited the moral value orientation of the followers of Confucius in the pre-Qin period and gradually played a leading role in Chinese traditional culture. Internalized into the psychological structure of the Chinese people, the Chinese people had an outstanding sense of community, and a lack of independent individual and subjective consciousness. This became the ideological and cultural condition for the elongation of China's feudal society and the slow development of the Enlightenment. The concepts of modern democracy and freedom, as well as human rights, are a very deep resistance, even in the new legislation, excessive moral requirements are unavoidable, such as managers' compensation and other provisions must not be required, which is reflected in morality. Civil Law, to encourage thinking.
The views of this article are quite intolerant and immature, but please forgive me.