《淮南子》中的法律思想法律史专业论文.docxVIP

PAGE PAGE 5 《淮南子》中的法律思想 The second part of the article is to clarify Huai nan zi of the issue of schools. Huai nan zi has always been controversial attribution on the genre. Problem is mainly vested in the issue of Taoism or miscellaneous. A number of scholars classify Huai nan zi of different academic schools because of its’ complex content. In this paper, I focue the Huai nan zi’s treatment of virtue in the its chapters . By its’ different attitudes to that, we analysis the conflict between Confucianism, as well as the integration of confrontation in Huai nan zi . The third part of this book is to introduce the Taoism theory of Huai nan zi . Although Huai nan zi characterized by its complex content. But the book still has a clear tendency that Taoism reunification Legalism.Yuan dao xun,which is Huai nan zi frist chapter ,expresses Taoism . At the end of chapter, Yaolv made it clear that the book is built on the Taoism. Thus, to talk about Huai nan zi , firstly, we must have a clear and comprehensive understanding of Taoism . Taoism exert a great influence on views of Huai nan zi in the community . Weak, clean,which are the characteristics of Tao.As the same , people should be Cautious and prudent. The fourth part of the article collet and analys the views of legal and politics scattered in various chapters of the book. Legalists representative of Han Fei, Shen Dao ,whose view coming from Lao Tzu. They have this natural link with Taoism. Huai nan zi inherited the link, trying to integrate Taoism, legalism, Confucian ideas. It adds virtue into the law. Using the characteristics of Tao ,such as soft andWeak ,they develop the political theory of Doing nothing to assist the emperor. Key words: doing nothing; leaving nothing undone; law; Tao 西南政法大学硕士学位论文 目 录 引 言 1 一、刘安与《淮南子》 2 （一）淮南王刘安的身世 2 （二）《淮南子》成书时的政治背景：汉初削藩 4 （三）《淮南子》成书时的学术背景 6 二、《淮南子》的流派归属 7 （一）《淮南子》中道儒之间的对抗、融合 错误!未定义书签。8 （二）造成《淮南子》“杂芜”的原因 11 三、《淮南子》中的法律思想 12 （一）法的起源及属性 12 （二）道法自然、因时而变 14 （三）人治与法治 17