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- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2008.6
- 수록면
- 1 - 27 (27page)
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Han, Do-yeon. 2008, A Study on Legalism of Han Fei Tzu. Wonkwang Journal of Humanities 5(1), 1-27. Han Fei Tzu established the legalism of Fa-chia by integrating Shang Yang's theory of Fa, Shen Puhai's theory of Shu, and Shen Dao's theory of Shih into a coherent whole.
Legalism of Fa-chia was a ruling system which was put into effect to the people of China impartially for the first time in Chinese history. Legalism of Fa-chia denied the vested right of the feudal nobility and it provided a theoretical foundation for monarchs to establish a nation of centralized government.
And yet, Han Fei Tzu did not consider that Fa was the only perfect ruling means. If a monarch wishes to establish himself as ruler of a nation, he needs the help of not only Fa but aslo Shu and Shih.
The Fa is the base of right or wrong. It was made by the monarch, but did not leave to his option only. It was subjected to the influence of the people's standards. The standards were not based on the family morality of Confucianism but the social morality.
The Shu is a machinations of an absolute monarch. But the Shu has another meaning. It is that the Shu is a device for correcting official's impropriety. In the same way, it does not necessarily mean that the Shih is the power of an absolute monarch. It is an instrument to make a proper application of the law. For this reason, Han Fei Tzu wanted to realize the rule of law, not of monarch's self-will.
Legalism of Han Fei Tzu has the structural limits in its operation. Because Han Fei Tzu stood on the legalism by way of the national enrichment and military buildup in the Age of the Waring states. But its significance can be found in the fact that Han Fei Tzu's idea led to termination to the turbulence of the Age of the Waring States. (Wonkwang University)
Legalism of Fa-chia was a ruling system which was put into effect to the people of China impartially for the first time in Chinese history. Legalism of Fa-chia denied the vested right of the feudal nobility and it provided a theoretical foundation for monarchs to establish a nation of centralized government.
And yet, Han Fei Tzu did not consider that Fa was the only perfect ruling means. If a monarch wishes to establish himself as ruler of a nation, he needs the help of not only Fa but aslo Shu and Shih.
The Fa is the base of right or wrong. It was made by the monarch, but did not leave to his option only. It was subjected to the influence of the people's standards. The standards were not based on the family morality of Confucianism but the social morality.
The Shu is a machinations of an absolute monarch. But the Shu has another meaning. It is that the Shu is a device for correcting official's impropriety. In the same way, it does not necessarily mean that the Shih is the power of an absolute monarch. It is an instrument to make a proper application of the law. For this reason, Han Fei Tzu wanted to realize the rule of law, not of monarch's self-will.
Legalism of Han Fei Tzu has the structural limits in its operation. Because Han Fei Tzu stood on the legalism by way of the national enrichment and military buildup in the Age of the Waring states. But its significance can be found in the fact that Han Fei Tzu's idea led to termination to the turbulence of the Age of the Waring States. (Wonkwang University)
목차
1. 서론
2. 한비자 법치사상의 배경
3. 한비자의 법치사상
4. 결론
참고문헌
Abstract
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