| Preserve the natural order, and eliminate human desires. This is the fundamental principle of national governance by Zhu Xi who represents the Neo-Confucianism strongly advocated in the time of the Southern Song Dynasty. In the jurisprudence growing prosperity and development, the community also had produced a number of renowned scholars in the eastern areas of Zhejiang. They were severely criticized by Zhu Xi. They opposed the pathologist's false and empty words. They stressed to real with the social stills from the reality, and they put forward Utilitarianism. Because of this, they were called the Zhedong Utilitarian School by the World. And they were called"utilitarian"by Zhu Xi. Among them, especially Ch'en Liang and Yeh Shih is the most outstanding representative of"utilitarian"thinking in the Utilitarian School.To clearly grasp the utilitarian thinking of the Utilitarian School of Zhedong that represented by Ch'en Liang and Yeh Shih in the Southern Song Dynasty. On the basis of reading the original books of Ch'en Liang and Yeh Shih, I also red some related inspection. First of all, we determine the two concepts of"utilitarian"and the Utilitarian School of Zhedong in the Southern Song Dynasty. After summarizing the School's utilitarian thinking, we divided the paper into three parts. In the fist part, we proposed the theoretical basis of Ch'en Liang and Yeh Shih's utilitarian thinking of law. It is that the Way and the natural order and human desires. They opposed the traditional Confucian's view that denial the human desires and stress the devoid of"justice"and"interests". They affirmed the legitimacy and reasonable of human desires. They advocated that moral and interests must be combined. They believe that the moral must be combined into utilitarianism and moral must express its content through the utilitarianism, then it can have its own value and practical significance. Otherwise, it is only an empty word. Bases of this, we talked about the legal concept of utilitarianism of Ch'en Liang and Yeh Shih in the second part. In the light of the weakness of the social situation, physicals emphasized the moral was the fundamental principles of governance, and they did nothing at a fixed. Based on this, Ch'en Liang and Yeh Shih had a debate on"justice"and"interests"with Zhu Xi. And they developed a set of their own legal thinking to serve the political reality. They advocated that moral and interests must be combined. They believe that the moral must be combined into utilitarianism and moral must express its content through the utilitarianism, then it can have its own value and practical significance. At that time, they against the legal incredibly and cruel penalties. And they put forward their utilitarian idea that change the complex law into simple law, public to the evil and the reward and punishment, and the Monarchs must legislative for the public; All-penalty to life and allowed people to use the law ect..In the third part, we made the book-Qing Ming set as the center. Mainly based on the changes of law concept at that time and the practical spirit of the Judges in their trial work, in one aspect, we can find that the utilitarian thinking of Ch'en Liang and Yeh Shih played a positive impact on the community in a certain degree.In one word, Ch'en Liang and Yeh Shih recognized and affirmed human desires and they advocated the link of moral and interests. They insisted on the real facts and stress the real works, to a certain extent, their utilitarian thinking get rid of people's spirit of thinking who were shackled by the traditional thinking. And to a certain extent, their utilitarian thinking had played a positive role on the legal concept changes of civil and the highlight of justice practice spirit of official practice in the administration. It can be said that their thinking played an important role in expanding the development of law space and richen the content of the legal thinking. |
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