Study On Law Idea Of LAO-TZU

Many ready-made and relatively sound legal theory was introduced from Modern Western to China, whether it need to explore the essence of traditional Chinese culture? Why does "Tao" as the most supreme concept of traditional Chinese philosophy is not pay attention by legal circles today? Whether the "Tao" is problematic in itself or its true meaning has been obscured by history?But in the era of pluralistic and non-root or disorder,when Chinese culture (and its spirit of the law) of modern transition period face to tradition culture and various alien cultures, which exist some kind of vague of "purpose" or "method", which is need urgently to find some revelation for China (or even world). It be able to find this revelation in LAO-TZU, when various value bring about conflict, there is a defined "highest state of law idea" or "highest ground-standard" to provide direction and coordinate or revelation for it. this is clue, origins and topics about article this paper attempts to a path that explore the rational core of classical to the modern transformation from LAO-TZU.If we want to move towards "subjectivity China" and "the ideal prospect of Chinese law" (by Zhenglai Deng),and "Western paradigm" is not as the standard and coordinates to judge China and its legal culture, which led to the inescapable conclusion is that China should still be a certain kind of" the highest state of Chinese law idea."Although in recent times people use "Xingfa" and "XingQi Ziran Zhifa" or "Fazhi Benyuan", and also use "Ziranzhi Fa" and "Ziranzhi Chang Fa"or "TianDingzhi Falv",or "Tianranzhi Li" and "Ziran Fa" and so on translate "Natuer Law",these words try to use expressed the "highest essence" of the word in traditional Chinese philosophy corresponds to "Natuer Law",but in order to make a distinction with some of the elements of West "Natuer Law",we will use the word "Tao"of the "highest essence" from chinese pepople viewpoint, name it "TAO" as mainly synonym of " the Highest State of Chinese Law Idea" in Jurisprudence, rather than "Natuer Law".First of all, Spring and Autumn and the Warring States Periods, the moral degeneration of society is getting worse, new ideas continue emerging, the hundred schools of thought are born. Lao tse want to throw away completely behavior of "follow words of a faction blindly" which caused "Taoism split" or "rigid inferior Te" of the hundred schools of thought. So he find a spirit of thorough criticism and irony, the spirit embodied in text of LAO-TZU.It can be found that LAO-TZU should inherit their predecessors through studying the character "(?)" of "Tao" in Bamboo slips of the photocopy,the theory is sublimed and synthesized.Under the premise of "Meditation" and "intuitive" approach, with "nature" and "WuWei", "ShouZhong" as the way of thinking, which may be beyond the way of thinking of "desire", intuitive insight out deep meaning of "Tao". In this paper, on the basis of the ancients," LAO-TZU is organized into five levels of realm and triple meanings. From low to high in the five-level state that:Tao of "Heng Tao", Tao of "Tai He", Tao of "Shen Ming", Tao of "Void", Tao of "Void of Void". Then the triple meaning of "Tao" is:"beginning", "process" and "purpose". Under this premise, the "basic spirit" of LAO-TZU can be understand. "Tao of five-level state and triple implication coordinate diagram "as follows:The significance of this diagram is:provide basis of state sequential for coordinate diagram of "virtue of five-level state" equal to "value hierarchy of law". On the other hand, where does "God" come from? it could not continue to pursue the questions like this in West, it is important reason which lead to crisis of modernity. But in the LAO-TZU, "Shen Ming"(in fact it means the spirit of automaticity)can be continue to pursue further, that is "Void" and more higher "Tao of Void of Void"(including Being and Nothingness). Therefore, the spirit horizon of "Tao" is the wholeness, there is no distinction between the side and other side, and also no opposition of materialism and idealism. Everything contains "Heng Tao"(the Law), so Tao " born" everything is WuWei and Natural, which is Tao of self-evolved things, which is not God as Creator of All Things, so Tao of the keywords is "Natural".And in Chapter 1 of LAO-TZU, which show the spirit of "the unity of intuition and logic" is connotation of "the unity of no-desire and desire ".which is result of "Meditation"("Meditation" linked to practical philosophy of theory and practice). Only "Meditation" make it" ZiWei","WuWei"("No recklessly")and "Tao Imitate Nature".So "WuWei" is more important is to remind the people do not discretionary and not paranoid, lay down unnatural and anti-law." Imitate Nature", "WuWei", "ZhiChang"," No recklessly",which can be interpreted each other, which is the true spirit of Tao. So only people do not discretionary, With the premise of follow law "itself "of "Tao", which can follow the "natural law." This is different from "Natural Law" of the spirit of the Western Logos.Taoism’s "intuitive spirit" is demanded to beyond "the views of feeling alone", the Sophists’"natural" ("nomos") was criticized rationally by Aristotle is not equivalent to the Taoist’s "nature "of "follow Nature". The horizon of Tao of "wholeness intuition" of "follow Nature" not only can see "natural instinct" ("nomos"),but also able to see the higher kinds of abilities (such as logos reason).Therefore, what Taoist intuitive to truth is not necessarily through the "logical" process, while the Aristotelian-style "speculative" to the truth that must be through "logical" process. The advantage of "Logic" lie in can be questioned, which can exclude those so-called "natural law which can not be questioned ".But the logos means "speech", and the "speech" of logos is limited, and therefore, "speech" constitute itself of measure is limited, therefore under the spirit of the "natural law" of logos also exist defects of "speech" restrict truth. Intuition has a spirit of freedom that beyond sensual, non-self-willed and self-desire.From view of semiotics, only "Nous"(another etymology of reason) can compare with spirit of "Tao" and "intuition" in western philosophy:both two are different describe for the freedom of spirit itself. With approach of LAO-TZU to intuitive to Greek reason, that is, "I" intuitive to the spirit of the logos driven by the spirit of Nous, but "intuition", spirit of Nous" and "spirit of the logos" are unified, unified in "ME", further unified in "as reflection of Tao", which immediately embodies in "harmony between the heaven and human".Therefore, this paper put forward this paper put forward the "the highest state of Chinese law idea,",its meaning lie to restore tradition of "comprehensive" thinking(at the same time, thinking of analysis of western paradigm will not be abandoned), not only identify etymology of "Nous spirit" of reason, also make sensibility and reason to reach reconciliation, return to unified state of spirit and its direction to "Tao",with way of thinking of unification "intuition" and "logic" to carry out legal thinking, seek unity of metaphysical "Tao" and physical "Li" of law.Under "the highest state coordinate of Chinese law idea", the "Li" embodied in "hierarchy system of law values". It is reasoned out by "five-level state of WuWei" corresponding to five-level state of virtue:Tao, Te, Jen, Yi, Li. This is reason out "hierarchy system of law values" from Chapter 38 of LAO-TZU, which show in order(five-level virtue) return to nature, and also coincides with the general law,which embody pursuit of law value:return to "Tao" and "Te". Therefore reasoning out coordinate diagram of "hierarchy system of law values" from LAO-TZU corresponding to coordinate diagram of "Tao" foregoing.With "the highest state coordinate of Chinese law idea" as a direction, lie in understanding five-level state of Lao tse’s "WuWei", then understanding superior Te and inferior Te, and understanding" origin as hierarchy system"of "hierarchy system of law values". It’s the key to Understand "WuWei" that Understanding "WuWei" is neither "does not matter" nor "doing nothing". Otherwise, either dogmatism or formalism; either mandatory ethics or relativism, which lead to toward evil evolution in the name of Pluralism. Under this premise it can be understand,"the man of superior character is not (conscious of his) character",is not means Lao tse oppose character, but return to character of "WuWei", rather than character of "appearance" and "hypocritical". This is the meaning of establishment "hierarchy system of law values":when purpose and means conflict, save purpose and abandon meaning, that is choose authentic of "Tao" and abandon representation of "Tao".Look back to evolution of character of“灋”,it’s found that the character of“灋”is a evolution process from simple to complex.These more and more complex political and liturgical reform (including reform of writing) does not return to times of supreme virtue, rather than toward to Spring and Autumn and the Warring States Periods, "the moral degeneration of society is getting worse". so Lao tse must to "conquering the world with nothing to do", pursuing to concise legislative and wide but not loose. Therefore, Lao tse must be choose more simple character than“灋"to express the character of "law", while there is exactly font in Bamboo Slips(ChuJian), namely“(?)”.“(?)"character’s“(?)"be lay down across under character, that is“(?)”，more like“(?)”in Ching, express right of law and strong which seemingly weak and useless (furthermore, there are other profound meaning, see text). And "Shui" can change the "invisible "and "adaptable", with this metaphor statutes is:encounter what external factors, the corresponding laws are made. This makes the "law" in order to achieve the man of superior character does not care formality the man of inferior character.Therefore, understanding "Lao tse" lie in discard word to use the spirit follow times,and draw up laws to accord times which embody "the man of superior character"(so manifestations of "the highest state of Chinese law idea" is variable "more"), which need to reason out "hierarchy system of law values"from "LAO-TZU " to "hierarchy system of law values". Through compare it with semiotic meaning of modern" value of law ",modern order of "hierarchy system of law values" to be show in descending order:freedom value of intuitition, freedom value of reason, human rights value, justice value, utilitarian value. coordinate diagram as follows:↓freedom value of intuitition (Supreme Virtue)↓freedom value of reason↓human rights value↓justice value↓utilitarian value↓……⊥→→→→→→→→→→→→→→→(Various law)These value systems can not be separated,which constitute the modern spirit of law rule. Such as spirit of law rule still with "the highest state of Chinese law idea" to highest point, so"the highest state of Chinese law idea" is unchanged "One".It argue that "the highest state of Chinese law idea" must be carry out in specific legal in chapter 3, then it is significance for "Everything".Legal specific display in LAO-TZU is to prove that think in "the highest state coordinate of Chinese law idea". Therefore, this paper analyzed specific examples of LAO-TZU s law, and expound modern significance of these specific spirit." virtue man like holding IOU" embodies Heaven Contract of sage and "Tao" contracting, which seems undemocratic, and there is tension with the modern "social contract", But basic system of two political law of Heaven Contract and social contract are use together,which can protect the political power accord with "Tao", which reflects the fact that" the world is dominated by people of the world, and the" selfless "as the political power of the duties required.After Han Wu Emperor sided emphasis on Confucianism, rulers make "Son of Heaven "as spokesperson of Heaven," Tao" is not the status beyond Heaven. So Taoism fading gradually, Confucianism occupy the mainstream ideology.Therefore, it is only need to sweep aside the shelter which future generations cause LAO-TZU, you can restore existential impulse of "Spirituality" and "subjectivity" and its independent freedom, it’s enough to make Chinese philosophy grow out new ideas to benefit all humanity, without what Xiaomang Deng said Taoism must be added "natural" meaning of "essence" transformed into a new Taoism.Chinese has chosen the road of the rule of law today, it muse be"good laws".In the West it can be build with "natural law" as a standard, in China, it can be build with "the highest state of Chinese law idea"as a standard. There is only one truth of the universe behind these different terms. So,it’s not important what name, the key is to establish " the highest essence" to become other legal standards and coordinates."hierarchy system of law values" is embody of" the highest essence".In other words, "Tao" of law ("the highest state of Chinese law idea") exists in law itself,which can detachable-out "Li" of law. When the absence of express provisions of law required "discretion", the "Li" should be standard which judge "discretion" whether appropriate or not—it is every Chinese lawyer able to understand the legal culture basis—these "Li" which form "hierarchy system of law values" can become content of "public order and good morals," Because of intermediary of "Li"("hierarchy system of law values"),"Tao" can be implemented more smoothly in the real law, making "the highest state of Chinese law idea"to display about enlightment of modern law spirit and idea.As a result, we no longer subject to plight limitations of rigid justice under Ex officio, preventing the flooding "modernity" of rule of law.By "Tao" of LAO-TZU name it "the highest state of Chinese law idea",and "hierarchy system of law values "be reasoned under "the highest state coordinate of Chinese law idea", which show logically modern revelation of "Tao" of "LAO-TZU ":first, legal thinking transform toward "logic and intuition";second, it form evolution direction of muiltiple School of law towards the man of superior character under the premise thinking of "essence and non- essence";Lastly, realize the methodology combination of philosophy and of sociology, and so on.In short, By excavation "the highest state of Chinese law idea"of "Tao" of LAO-TZU this paper presents some new ideas which are not exist in modern legal concepts,and some of the modern concepts and principles have been re-examined,, enlighten current spirit of laws(and the rule of law) to virtuous direction.