先秦道家法律思想
发布时间：2018-08-26 20:37
【摘要】： 中国道学博大精深,源远流长。既建构了道学的逻辑结构,为中国思辨哲学的源头；又对我国法学的发展产生了极其深远的影响。文章从法学的角度来研究先秦道家的思想。本文通过对道家法律学说的产生、发展,通过对先秦道家法律学说的深入研究,探索出其对主要历史时期的法律思想的影响,进而从中汲取道家法律学说的积极因素使其更好的为我国建设社会主义法治国家服务。 本论文主要是从五个方面进行阐述的：第一章讲的是先秦道家法律思想概述,它包括道家法律思想产生的社会背景、道家法律思想的理论渊源以及先秦道家法律学说的演变；第二章讲的是先秦道家法律思想的内容，它包括老子的法律思想、庄子的法律思想以及黄老学派的法治思想；第三章是先秦道家法律思想对我国重要历史时期法律思想的影响,它包括先秦道家法律思想对汉代法律思想的影响、对唐代法律思想的影响以及对宋代法律思想的影响三个部分；第四章是先秦道家法律思想的现代意义；第五部分是结论,对先秦道家法律思想有个总述。其中第二章先秦道家法律思想的内容是本论文的重点章节。本章共分三节：老子的法律思想、庄子的法律思想以及黄老学派的法治观。其中老子的法律思想主要有：崇尚自然法、无为而治思想、“不争”及反对滥杀的司法思想；庄子的法律思想主要有：崇尚自然法、批判人定法、“君无为而臣有为”思想、批判礼乐仁义、批判“圣者”和“知者”、批判君主与权势等；黄老学派的法治思想主要包括：黄老法治观的提出、黄老对法家理论的借鉴与吸收、依法治国思想、法生于道思想、以道变法思想、“约法慎刑”思想以及无为思想。
[Abstract]:Chinese Taoism is extensive and profound and has a long history. It not only constructs the logical structure of Taoism, but also has a profound influence on the development of Chinese jurisprudence. The article studies the thought of Taoism in pre-Qin Dynasty from the angle of law. Through the generation and development of Taoist legal theory and the in-depth study of Taoist legal theory in the pre-Qin period, this paper explores its influence on the legal thought of the main historical period. And then draw the positive factors of Taoist legal theory to make it better for our country to build a socialist country ruled by law. This thesis is mainly elaborated from five aspects: the first chapter is an overview of Taoist legal thought in the Pre-Qin Dynasty, which includes the social background of the Taoist legal thought, the theoretical origin of the Taoist legal thought and the evolution of the pre-Qin Taoist legal theory; The second chapter deals with the content of the Taoist legal thought in the Pre-Qin Dynasty, which includes Laozi's legal thought, Zhuangzi's legal thought and the Huang-Lao school's legal thought, and the third chapter is the influence of the pre-Qin Taoist legal thought on the legal thought in the important historical period of our country. It includes three parts: the influence of the Taoist legal thought of the Pre-Qin Dynasty on the legal thought of the Han Dynasty, the influence on the legal thought of the Tang Dynasty and the influence on the legal thought of the Song Dynasty; the fourth chapter is the modern significance of the legal thought of the Taoist school of the Pre-Qin Dynasty; the fifth part is the conclusion. There is an overview of the legal thought of Taoism in the pre-Qin Dynasty. The second chapter is the key chapter of this thesis. This chapter is divided into three sections: Laozi's legal thought, Zhuangzi's legal thought and Huang-Lao School's views on the rule of law. Among them, Laozi's legal thoughts mainly include: advocating natural law, governing without action, "indisputing" and opposing indiscriminate killing. Criticism of courtesy and music benevolence and righteousness, criticism of "saints" and "knowers", criticism of monarch and power, etc. Huang Lao's thoughts on the rule of law mainly include: Huang Lao's view of rule of law, the reference and absorption of Huang Lao's theory of Legalism, the thought of governing the country according to law, and so on. Law was born in Taoism, thought of reform of Tao, thought of "cautious punishment by law" and thought of inaction.
【学位授予单位】：青岛大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D909.2
本文编号：2206088
[Abstract]:Chinese Taoism is extensive and profound and has a long history. It not only constructs the logical structure of Taoism, but also has a profound influence on the development of Chinese jurisprudence. The article studies the thought of Taoism in pre-Qin Dynasty from the angle of law. Through the generation and development of Taoist legal theory and the in-depth study of Taoist legal theory in the pre-Qin period, this paper explores its influence on the legal thought of the main historical period. And then draw the positive factors of Taoist legal theory to make it better for our country to build a socialist country ruled by law. This thesis is mainly elaborated from five aspects: the first chapter is an overview of Taoist legal thought in the Pre-Qin Dynasty, which includes the social background of the Taoist legal thought, the theoretical origin of the Taoist legal thought and the evolution of the pre-Qin Taoist legal theory; The second chapter deals with the content of the Taoist legal thought in the Pre-Qin Dynasty, which includes Laozi's legal thought, Zhuangzi's legal thought and the Huang-Lao school's legal thought, and the third chapter is the influence of the pre-Qin Taoist legal thought on the legal thought in the important historical period of our country. It includes three parts: the influence of the Taoist legal thought of the Pre-Qin Dynasty on the legal thought of the Han Dynasty, the influence on the legal thought of the Tang Dynasty and the influence on the legal thought of the Song Dynasty; the fourth chapter is the modern significance of the legal thought of the Taoist school of the Pre-Qin Dynasty; the fifth part is the conclusion. There is an overview of the legal thought of Taoism in the pre-Qin Dynasty. The second chapter is the key chapter of this thesis. This chapter is divided into three sections: Laozi's legal thought, Zhuangzi's legal thought and Huang-Lao School's views on the rule of law. Among them, Laozi's legal thoughts mainly include: advocating natural law, governing without action, "indisputing" and opposing indiscriminate killing. Criticism of courtesy and music benevolence and righteousness, criticism of "saints" and "knowers", criticism of monarch and power, etc. Huang Lao's thoughts on the rule of law mainly include: Huang Lao's view of rule of law, the reference and absorption of Huang Lao's theory of Legalism, the thought of governing the country according to law, and so on. Law was born in Taoism, thought of reform of Tao, thought of "cautious punishment by law" and thought of inaction.
【学位授予单位】：青岛大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D909.2
【参考文献】
相关期刊论文 前2条
1 张红方;论道教对李唐王朝法律思想的影响[J];涪陵师范学院学报;2004年06期
2 张元洁;;老子自然法思想的基本主张及其现代价值[J];山西农业大学学报(社会科学版);2006年01期
，本文编号：2206088
本文链接：https://www.wllwen.com/falvlunwen/fashilw/2206088.html
