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The Neoclassical Idea of Law: The Creative Transformation of Traditional Law Philosophy
Author: Tu Yankai*
Source: Author Authorized Confucian Network Published
Original from “Modern Law” Issue 3, 2020
Time: Confucius was in the 2570s, the Gengzi period, early April, Yihai
� It attempts to give classical thinking a modern analysis of the situation, prompting them to provide practical guidance for tomorrow’s people with new and systematic expressions. As a condition and method of dealing with modern energy products, the neoclassical theory of law is different from historical society, legal thinking history, and new learning. Compared with the historical society’s attitude of viewing Chinese civilization as “different” in modern oriental “different” and its typing method, the Neoclassical power of law shows the internal diversity of civilization and academic tradition; compared with the legal thinking that history regards classical law thinking as treasures in museums, and the way in which thinking is restored to history, society, and civilization, the Neoclassical theory emphasizes the individual self-consistentness of modern authors’ thinking, and their ability to be The practical precepts of providing for others; compared with the attitude of the classical and authoritative nature of the new scientific civilization academic classics and their original meaning of text interpretation, the legal neoclassical theory recognizes that classics are representative and influential, but modern classic authors cannot be able to directly over any contemporary dialogue through the original dictation or ideological form components. The value of the product they create is still to be rated from the top according to their general meaning.
Keywords: Creative transformation Traditional legal philosophy Historical society Legal thinking History New school
1. What is the neoclassical theory of law?
Modern Chinese authors have created the energy products of glossy scents, forming a profound and extensive civilization tradition and academic tradition. Of course, this also includes discussions and discussions on the phenomenon of “law”, which is the classical law thinking in the outside country. In classical thinking, you can avoid it and see it in many ways. As Huang Zongxi said, “The mind and wishes of patriots and scholars from ancient and modern times have changed thousands of ways, and each has its own way, and there is no need to go out of one way.” [1] The key to the problem is that we need to find a way to fully remind future generations of their understanding and potential initiation, and present them in front of the world with methods and forms that can afford wise revision inspections. This is the academic task of creative transformation. In fact, the Chinese academic tradition has established a list of holy saints that use ancient Xia and not write about it. The new generation of intellectuals it cultivates will not go through.In unfamiliarity. During the Ming and Qing dynasties, Yanwu once used the task of “picking copper in the mountains”. [2] To put it in an abstract way, it may be that “creative transformation” is to take out a spiritual medicine that can cure habitual diseases from the wormwood.
However, the modern data that the new generation of intellectuals needs to process has some civilized characteristics and can create difficulties for creative transformation tasks. Because modern Chinese authors are mostly engaged in the thinking of relying on descendants’ texts to express their own ideas, the energy they leave behind often contains only a few words and various modern application forms such as topics, prefaces, memorials, and letters. Rongyoulan correctly summarized: “In the history of Chinese philosophy, there are relatively few philosophical books written specifically and written in the beginning and end. Often, philosophers themselves or their people later study, and write daily books and write them into books.” [3] This feature of modern data in major departments will mislead the department readers, making them think that the ancient authors are talking about a certain time, place, or something, and their relationship does not have the eternal meaning. If this is the case, “creative transformation” is not a carving boat. The energy products of Chinese civilization also turn all the products into scattered items in the museum, and they can’t talk about it again and it will be radiant.
It is necessary to prevent classical thinking from turning into a staple in museums, and the analysis method is effective in the place of practice. The so-called analysis method is to use language data, determine conceptual connotation, form systematic expressions, set up logical structures, and try to convince readers. In Wuxiao’s words, “It means integrating the content and essence of each book into a comprehensive theory, and developing a profound and rational theory.” [4] The energy products obtained by applying analysis methods, that is, a systematic expression that covers concept development and built-in logical structure, are “philosophical” in nature and are not limited by language and time and space, and can be directly used as the principle of contemporary reality. Of course, Chinese academic traditions have always been a scheming and hiding people who seek to retreat from secrets. The Taizhou school in the late Ming Dynasty had a strong esoteric tendency. Wang Ji said: “Those who seek knowledge are to obtain knowledge of their inherent virtues, which is not to recommend extreme knowledge.” [5] Then he divided the so-called confidant of heavenly virtue and wise knowledge. [6] However, even for these “anti-analysis” characters, they still need to use “analysis” to clean up their thoughts. If we also recognize their emphasis on moral integrity and personal respect in academic research, we will not be able to say anything. [7] Modern Xiong Shili did not use “system” as the standard for evaluating energy products. But he even admitted: “What can be paid attention to logic is because its art depends on analysis. When thinking about it, always pay attention to analysis. The principles of mind and principles are naturally obvious, and they are avoided from the disadvantages of ambiguity and scheming.” [8]
The object of analysis is classical “law” thinking. The word “fa” here needs to be explained in one step. We apply modern Han languageFrom the perspective of academic writing, the word “fa” should also be applied to its general meaning in modern Han language and modern “fa” learning. The word “fa” in modern law is an immigrant approach to the Chinese language, which is the counterpart of Western lyrics, but has basically completed the entire process of transformation. [9] Seriously pointed out that the Western word “fa” has corresponding objects such as “reason, tribute, law, and system” in modern Han, so the word “fa” in modern Han is more connotated with the word “fa” in modern Han. [10] Discussing classical law thinking in the modern Han environment is roughly equivalent to discussing basic problems related to phenomena such as “reason, gift, law, and system” in the modern Han environment. Correspondingly, the modern connotation of the model of legal philosophy in modern Han language should include “philosophy of theory”, “philosophy of ritual”, philosophy of criminal law, philosophy of political system, etc. In other words, modern Chinese legal philosophy is an abstract thought and systematic expression about phenomena such as “reason, tribute, law, and system”.
Analysis methods should be used to form systematic expressions, and the structure should be established. We need to find the right trace to organize modern data. A better thread, ability is a more basic theoretical problem. [11] Zhang Dainian once proposed “a study on the analysis of Chinese classical philosophy, and explore the basic problems discussed in Chinese philosophy, and classify and integrate them.” [12]——The Chinese Philosophical History Department has developed from the perspective of intrinsic and cognitive research, and the important thing that proposes is whether a certain classical thinking is related to idealism or materialism. Although the answer to this question has been a grand impact on the intellectual production of Chinese philosophical history, unfortunately, it is too far away from the law to be a reason for contemporary people to make judgments or actions. ——The “law” that modern law cares about, although people see benevolence and wisdom, but criticism refers to a certain form of “standards” that people recognize their behaviors in terms of their short-term behaviors. Those who tend to demonstrate the principle should ask for the specification to have a time dimension and a specific structure, that is, the rules. But there are many opponents. Regardless, the source, form, type, application of the specification are still topics that are widely concerned and interesting to the public. [13] The answers given here also lead to the guidance of those who have philosophical brains, especially those who have a philosop
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