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The Effect Of Buddhism To The Laws In The Middle Ages

Posted on:2007-12-08Degree:MasterType:Thesis
Country:ChinaCandidate:J Q LiFull Text:PDF
GTID:2166360185480779Subject:Legal history
Abstract/Summary:PDF Full Text Request
The time from Wei,Jin to Sui and Tang dynasties was the period from the turmoil to the administration in the history of our country.It was under this overall situation that Buddhism introduced from India had accomplished the transmutation course from being put into border to the state of incorporating with the mainstream of culture at the beginning of introducing Buddhism to China.Buddhism,as an important part of mainstream culture of China,had exerted great influence on Chinese civilization at that time and hereafter,and also on the laws in the Middle Ages. As to the second issue,the research in the academic circles is comparatively weak,so in this article, the author has put forward his own opinions about this issue based on absorbing and drawing lessons from the predecessors'research results.When clearing off the state that the introduction of Buddhism firstly conflicted with the inherent culture of China and merged with it in the end, the article points out that Buddhism has exerted some influence on the legal thoughts of the Middle Ages,and the influence is maily obtained from the Confucian and the metaphysics of Wei and Jin.That Buddhism had influenced the legislation of that time through words and terms could be seen from the legal term,that is,the legal term of that time had the nature of Buddhism.The Buddhist doctrines have the function of admonishing the government officials,but also can make bad men even more rampant and savage.In addition,Buddhism has had strong influence on the legal systems in the Middle Ages.In this article,the author deems that it is under the impact of the concept of Buddhism and the effect of objective historical conditions that Kun punishment which appeared in the early stage of China can be abolished in the Middle Ages.But that was never described by the predecessors.Some exhortation rules in Buddhism,like"forbidding fishing and killing living beings for three months"and so on,had played an important role in the period that the penalty had gradually become lighter and lighter in the Middle Ages.Under the influence of Buddhism,some economic legal systems,such as pawn, auction, credit union,ect.,had exerted great influence on the afterworld.There are still existing some defects in the article because the author's knowledge level is not so wide.The world of today pays more attention to introducing western legal culture,and ignores traditional legal culture,so in this article,the author attempts to reveal the impact on China's traditional law which is caused by the localized Buddhism,expecting to reaffirm a truth known by all the people: The transplantation of legal culture must take the road to accord with the China's actual conditions,otherwise it is difficult to succeed.The issue that is w Buddhism has influenced the laws in the Middle Ages orth while studying,and will remain for further studying.
Keywords/Search Tags:Buddhism, the Confucian, Taoism, the Middle Ages, the legal thought, the legal system
PDF Full Text Request
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