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Landlord: Hello
Governing the country with legalism only talks about the cultural aspect, which is also morality. The main thing is to make laws according to the ideas of the people in power. In modern times, the country is still governed by law, but the current law requires a series of democratic ideas such as democracy and fairness.
As for the cultural aspect, because of the open-mindedness of the present day, the state will not interfere with individuals as long as it does not violate the laws of the country.
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The Legalist concept of governing the country during the Warring States period was somewhat unsuitable in the Chu State, as evidenced by the failure of Wu Qi's reform.
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The rule of law in the Legalists is to advocate that the law should be established and the people should be ruled and managed by the law; Confucian etiquette advocates the use of etiquette to regulate people's behavior, which seems to be irrelevant. In fact, in the notice of the feudal dynasty, the ritual and law are often combined to make the notice. The two should complement each other in practical application;
As an important school in Chinese history that advocates the rule of law as its core ideology, Legalism takes enriching the country and strengthening the army as its own responsibility. Legalism is not a pure theoretician, but a doer who actively joins the WTO, and its thinking is also focused on the practical utility of law. Legalism includes many aspects such as ethical thought, social development thought, political thought, and rule of law thought.
Legalist ethical thought refers to the concept of integrity and the concept of righteousness and benefit based on the concept of human nature.
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1. The rule of law is the viewpoint put forward by the main legal system ideology of governing the country according to law. 2. The rule of man to govern the country by man is a drawback of feudal society, and it is not feasible for feudal society to have perished. 3. Etiquette and morality are the same point of view, etiquette and morality are the basic norms for measuring a country, but governing the country with etiquette and morality means that the country's laws are not compulsory, such as sleeping in the middle of the night without closing the door, everyone is like yourself.
Then society will not progress and will not be far from extinction. The rule of law, the rule of man, the rule of etiquette, and the rule of virtue are all different but closely linked, and the rule of law society is based on the evolution of people, etiquette, and morality, if there is no humanity and lack of etiquette, let alone morality, that is to say, the rule of law is not perfect, there is no persuasiveness, only compulsory. It can be seen that the rule of law is not fabricated out of thin air, but is produced by social progress.
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The Chinese slave society and feudal society are based on their claims"Rites"The principle of governing the country is a way of governing. "Rites"In Yin Shang has appeared, oracle bone inscription (pictured)?Isomorphic, symbolizing the bean plate and jade to worship ancestors and gods, in order to show respect.
Saying Wen Jie Zi":"Rites, fulfillment, so things are blessed by God. "Yin people"Reverence for God"It is believed that only by performing such rituals can the ghosts and gods be blessed and blessed.
Visible"Rites"From the beginning, it was closely related to theocracy and clan power and contained the meaning of behavioral norms.
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The practical significance of the Legalist school's thought of governing the country: Legalist management takes "law" as the management system as the core, and pays attention to the perfect combination of "law", "potential" and "technique" that is, management system, management authority and management skills.
Legalists clearly agree with the "rule of law" and oppose the "rule of man", and advocate that all current affairs must strictly follow the established laws and regulations, and absolutely cannot rely only on the subjective judgment or personal likes and dislikes of managers.
Legalists believe that even mediocre and ordinary people can successfully manage if they adhere to the rule of law; But if the rule of law is set aside, those who are superior in talent will inevitably face failure.
The Legalists also see that "the law is not enough for itself", and it is not possible to only have a management system without strong and flexible implementation measures.
Therefore, managing authority and management skills are also a must.
Legalists divide managerial authority into "natural forces" and "man-made forces", the former refers to the authority obtained by managers under established conditions (such as appointments), and the latter refers to the authority created by managers themselves using various resources.
Legalists pay special attention to making full use of and strengthening the "natural trend", taking the initiative to create "man-made potential", and using this as a backing to ensure the implementation of the management leakage system.
Legalists often pay little attention to people's moral cultivation and social ethical standards, and often have the suspicion of "unscrupulous means to achieve the end", but their management skills are richer than those of other families.
In terms of the establishment of organizational structures, the setting of positions, the selection, authorization, supervision, and examination of personnel, Legalists provide an excellent example of ancient Chinese management from theory to practice.
Historically, most of the representative figures of Legalism have rich experience in governance and management.
Although these figures have received varying accolades, the theory of Legalism has never been forgotten.
Even today, we can continue to seek inspiration from it.
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The rule of law is Han Feizi's thought, which means to govern the country with law.
Han Feizi inherited Shang Ying's idea of rule of law, and in his view, law plays an important role in national governance, so Han Fei proposed: "The country is impermanent and strong, and impermanent is weak." If those who follow the law are strong, the country will be strong, and if those who follow the law are weak, the country will be weak. ”
In his opinion, the law is so important, so what is the law? Ancient Chinese law generally refers to criminal law, but we cannot understand the concept of law in Han Feizi's thought according to the ordinary concept of law.
Han Feizi has two important descriptions of the law, one is in "Han Feizi: Difficult Three": "The law, the compilation of the book of the Absolute Skin Hall, set up in the government, and the distribution to the people" (translation: The law is compiled into a book, set up in the government, and promulgated among the people).
This can be seen as Han Fei and implicitly making a discussion on the form of law, that is, law is a standardized written form, and law must be definite and public, only in this way can it be grasped by the people, so that the monarch can rule with the law.
The importance of "Han Feizi Youdu".
Han Feizi Youdu is an essay written by Han Fei, a thinker at the end of the Warring States period. The important viewpoint of Legalists opposing "rule by etiquette" and advocating "rule of law" had a significant impact on the development of the legal system in the Qin Dynasty and the importance of the feudal legal system in later generations.
Han Feizi Youdu has also had a profound impact on Chinese society and history. This influence is first manifested in the principle of the rule of law and the implementation of the principle in China's political life.
Taking the rule of law as the core essence of legal culture is also the core content of Han Feizi's theory of governance.
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