The relationship between the etiquette revered by the Confucian School, the doctrines followed by the Legalist School, and the laws in the Tang Dynasty.)

• Main Authors: Jacky Lee, 李永興
• Other Authors: 劉兆祐
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/48249204947005709200

碩士 === 臺北市立師範學院 === 應用語言文學研究所 === 93 === Confucius viewed the manners to be the extension of human nature; therefore, self-restraint and self-examination is important. On the other hand, Xun Zi were influenced by Legalists and viewed manners to be the proper ways individuals interact; therefore, manners became religious rituals and ceremonial observances, the objectiveness of manner was emphasized. The School of Legalists in early Kingdom Chin can be divided into two denominations. Chir Legalists are mainly represented by Guan Zi, Yiwen Zi and Shen Zi and Jin Legalists are represented by Shang Yang, Shen Buhai and Han Fei. Both denominations believed in a “legal governing body”, set up laws and rule. However, Chir Legalists tend to agree more with Lao Zi and his followers; therefore, they characterize the influence of Taoism and also adapt Confucianism. On the contrary, Jin Legalist emphasize on building up a strong nation through strict laws and punishments. As for the origin of laws, Legalists links it with the origin of the nation. Laws are the objective standards to govern a nation on the basis of rewards and punishments and the policies to reinforce and unify people’s behaviors. The legislation of the laws should examine the possibility of implementation and the wording of the laws should be plain and clear. Legalists oppose instability in the legislation caused by the short-term changes. Legalists believe laws should be written and published by the government with the consideration of the nature of governed people and should ensure the fairness among the people who are in different castes. No matter whom the offender is, law should be enforced and country is ruled strictly according to the law. Manner and laws both are a kind of people governing system. Manner and laws both are a kind of government ruling code. Both Confucianism and Legalists believe the king of the country should be responsible for the legislation. Manner and laws can both be the basis of status and class Confucianism proclaims governing the country through manner, as for the Legalists law. However, the spirit of manner is the “individuality” while the laws seek the “commonality” of the subjects. Manner points out different rights designated for different classes; however, Legalists demand all people across classes are responsible for the same laws. Confucianism believes in educating people with moral, and Legalists controlling people with laws. Confucianism believes in moral encouragement instead of force. Legalists believe in supervising people with severe punishment. Confucianism believes in “rule by man”, but Legalists firmly oppose this idea and believe in “rule by rules” The code of laws has been written by scholars, and they mostly conformed with Confucianism; therefore, it became the core philosophy of all the ancient Chinese code of laws and “manner” is a prominent feature. The “three cardinal guides” (ie. ruler guides subject, father guides son, husband guides wife) are embedded in the codes. Especially the code of laws in Tang Dynasty, which is described as “the standard of manner”, is the legalized version of the principle “Manner” in Confucianism. In terms of the sentences against crimes, the code of Tang Dynasty abandons the element of subjectivity and generalization but takes the position of objectivity and concreteness, and it employs absolutism and constructs a system of punishment against specific situation. Also the code adopts Legalist concept of laws in terms of its legislation of sentences, the objectiveness and concreteness of the legislation, the differentiation of public and private crime, the organization of judiciary and the responsibility of the Judges. The code of Tang differentiates the levels of severity according to the convicts’ status. It mostly reflects their caste. Thus, manner and laws are merged, and the code of Tang is the philosophical combination of Confucianism and Legalists. The birth of Chinese legal system is given by the Legalists and the formation of it is based on the thoughts of Confucianism. One provides its structure, and the other build up its form. Both schools of thoughts should be equally valued.