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Legalism (Chinese philosophy) : ウィキペディア英語版
Legalism (Chinese philosophy)

Fa-Jia, usually (although inaccurately〔Pines, Yuri, "Legalism in Chinese Philosophy", The Stanford Encyclopedia of Philosophy (Winter 2014 Edition), Edward N. Zalta (ed.), http://plato.stanford.edu/entries/chinese-legalism/〕〔) translated as Legalism is a classical school of Chinese philosophy whose representatives rejected Confucianism's emphasis on charisma as a guiding principle for leaders,〔http://www.indiana.edu/~p374/Legalism.pdf LEGALISM AND HUANG-LAOTHOUGHT Indiana University, Early Chinese Thought () – Fall 2010 (R.Eno)."〕 emphasizing political method in order to support the ruler in the management of the state. The developments it refers to were important in Chinese history, ultimately forming guiding principles for the First Emperor, who ended the Warring States period by conquering the warring states and unifying them into a single empire, forming the basis for Chinese administration.
The term (''fa-jia'', legalism) was introduced by the Chinese historian Sima Tan〔http://www.sunypress.edu/pdf/53296.pdf The Frustration of the Second Confucius.〕 (c. 165 BC – 110 BCE) in his essay, “The Essential Implications of the Six Houses of Thought." (The other five schools being Confucianism, Daoism, Mohism, the School of Names, and the School of Naturalists.) The originating Canon of the Mohists, who were given their own school,〔http://www.jstor.org/stable/3096138?seq=1#page_scan_tab_contents〕 explain fa as ideas, compasses, or circles.〔 Sima Tan’s criteria held that Fa philosophers disregarded kinship, treating everyone equally according to administrative protocol.〔 His description, perhaps accurate for Qin reformer Shang Yang reads that they "are strict and have little kindness, but their alignment of the divisions between lord and subject, superior and inferior, cannot be improved upon... Fajia do not distinguish between kin and stranger or differentiate between noble and base; all are judged as one."
Usually referring to reformative philosophers of the Warring States period, it would come to often be used as the term for what has been referred to modernly as the Realist〔Pines, Yuri, "Legalism in Chinese Philosophy", The Stanford Encyclopedia of Philosophy (Winter 2014 Edition), Edward N. Zalta (ed.), http://plato.stanford.edu/entries/chinese-legalism/〕 or Realpolitikal〔China's Legalists: The Earliest Totalitarians and Their Art of Ruling〕 thought of the ancient Chinese more generally, including Shen Dao and Shen-Buhai, some Confucian reformers like Guan Zhong,〔Rickett, Guanzi. p3 " The political writings are usually described as Legalist, but 'Realist' might make a description. For the most part they tend to present a point of view much closer to that of the realistic Confucian, Xunzi than either the highly idealistic Confucianism of Mencius or the Draconian Legalism advocated by Shang Yang"〕 and Huang-Lao Taoists.〔http://www.indiana.edu/~g380/4.8-Huang-Lao-2010.pdf HUANG - LAO IDEOLOGY. Indiana University, History G380 – class text readings – Spring 20 10 – R. Eno. "When Sima Qian and other early historians discuss the intellectual trends of the early Han, they frequently refer to a school of thought known as “Huang-Lao"... As any quick survey of the texts will indicate, these documents are deeply syncretic, that is to say they draw together selected ideas from many different schools and attempt to present them in a harmonious arrangement. Among these schools, Laozi-style Daoism is clearly foremost. However, Legalism and certain militarist schools contribute a very significant portion of these ideas as well. Mohist and Confucian influences can also be detected, but their contributions are generally scattered and do not shape the overall structure of the texts."〕
==Overview==
(詳細はreform-oriented and innovative. Following Shang Yang's (the Prime Minister of Duke Xiao of Qin) reforms the Qin polity allowed the common people to gain in rank if they performed well (soldiers would gain in rank according to the number of heads the soldiers collected) in contrast to states that allowed only the well-connected to gain higher ranks. But while he would allow rulers to listen to musical instruments rather than focus on foreign policy, Han Fei (the scholar most admired by the First Emperor, Qin Shi Huangdi) demanded more of the wise ruler. By Han Fei's standards a good leader, must not only accept the advice of loyal ministers when shown to be in error, but must also extend courtesy to those beneath him or her and not be too avaricious. Han Fei synthesized the methods of his predecessors and his work compiled in the Han Fei Zi ("Han Fei 'Master'"), using protocol as a basis for administration.
* 'Fa' (Chinese: , p 'fǎ', lit. "method" or "standard"): The law code must be clearly written and made public. All people under the ruler were equal before the law. Laws should reward those who obey them and punish accordingly those who dare to break them. Thus it is guaranteed that actions taken are systematically predictable. In addition, the system of law, not the ruler, ran the state, a statement of rule of law. If the law is successfully enforced, even a weak ruler will be strong.
* 'Shu' (, p 'shù', lit. "technique" or "procedure"): Special tactics and 'secrets' are to be employed by the ruler to make sure others don't take over control of the state. Especially important is that no one can fathom the ruler's motivations, and thus no one can know which behavior might help them get ahead, other than following the laws.
*'Shi' (, p 'shì', lit."situational advantage"): It is the position of the ruler, not the ruler himself or herself, that holds the power. Therefore, analysis of the trends, the context, and the facts are essential for a real ruler.

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