"The Ritual" Debate On "Law"

During the Spring and Autumn Period, A hundred schools of thought contend. Achievements of Chinese traditional thought in this period look very bright. Throughout the subsequent two thousand years of traditional Chinese imperial system,although witness the prosperity of the Han and Tang,the Ming and Qing Dynasties they are no longer be compared with that period.However, the flourish of thought during this period was as "a flash in the pan" and vanished with the establishment of the Qin Empire. Empire system’s appearance seemed to become the terminator of traditional thought’s free development in spring and autumn period. Suppressed by "one" in imperial ideology,Confucianism, Taoism, Mohism and other famous theories fell silence and undercurrent. So Legalism, as the builder of imperial system unquestionably became a sinner of history at that time.However, through observing carefully, we will find something strange. The construction of the whole system of the Qin empire seemed to form a kind of inevitable trajectory at the outset, namely, the construction of the whole Qin Empire system was still at the core of the "one","punishment" and "officials as teachers" and presented a kind of tendency which inevitable lead to tyranny in the imperial system, even after Shang Yang, Han Fei, Li Si’s thought as well as theory change. That is to say, legalists and Legalism went on a path of collapse and destruction from the beginning. Try to ask, is this possible? The confusion shows that, there are obvious misunderstanding of legalists and legalism, that is, we preconceived define Legalists and Legalism as Shang Yang, Han Fei and Li Si’s thoughts. So it is necessary for us to broaden our mind and analyze and study legalists and legalism from a new perspective.By "Confucianism is divided into eight, Mohism to three" Han Feizi doctrine, we can see exist at the same time with thetwo university school appear differentiation diversitywithin, and not as the same appeared a kind of inevitable development trajectory phenomenon. Of course, it is undeniable that the legalist thought, have the thought can be divided into "law","potential","with" Three Theoryfaction diversity, but understanding we will find, thedifferentiation of "law","potential","operation" although the three are there are different theories, but Shang Yang, Shen not harm, Shen to three people appear almost all in one period, the Warring States period.Differentiation and "Zhang Zhiru" and the "Zhong Liang’sConfucianism" is a big difference, this lack ofdifferentiation time difference is, like the legalist schooland legalist thought like abnormal fruit seems to overnightfrom germination to results. Therefore, we need to extendthe legalist perspective, with "history" view of the legalist thought its formation, development, differentiation, from this perspective we can be surprised to find that the evolution and Legalism legalist also exists in another direction, i.e. Qi Legalists and Sanjin legalism existence.Mr. Feng Youlan for the division of calligrapher Qi with Sanjin Legalism to recognize the Legalists is extremely important, but if today we will remain for understanding thedifference between Qi Legalists and Sanjin legalismconstruction in geography, humanities and time is not enough. From the "law for Li","pipe" pivot words QiLegalism and "law, people’s life is also""book of Lord Shang, set the Sanjin legalism" the difference between thetwo, you can find more profound difference lies in the"ceremony","method" attitude. That is to say "Rites" and"criminal law" is the core of the gap, and the underlyingcore under more in both between "remarkable family" and"clan" position of opposition, the fundamental difference between attitude the calligrapher Qi with Sanjin legalismopposition in this position and led directly to them in with the "legislative" and "reform" attitude. That is the difference between Qi Legalists and Sanjin legalismsubstantially more than their first division is more profound, and Qi Legalists showed up for "ceremony",""clan "," legislative "pursuit tendency is more with Sanjin legalism is different, so Qi Legalists and are not just a theidea is for internal ideological differences, the expressionis another kind of rule of law "the possibility exists, andthis possibility has been the verification of history.