The Historical Logic and Modern Reflection on the Relationship between Morality and Law in Traditional Chinese Culture
In the development process of traditional Chinese culture,the relationship between morality and law(referred to as the relationship between morality and law)has gone through three stages:the first stage was the Xia,Shang,and Zhou dynasties,especially the Western Zhou period,during which morality and law were unified in"ritual".The culture of the West-ern Zhou Dynasty is known as the culture of ritual and music.The second period was from the Spring and Autumn period and the Warring States period to the Qin and Han dynasties,especially during the Warring States period.The"collapse of etiquette and music"led to great chaos in the world,with feudal lords vying for supremacy.The debates between morality and law,as well as between kings and kings,not only appeared in the field of ideology but also in political and military practice.This period was the separation of morality and law.The third stage was nurtured during the Han Dynasty,from the Wei,Jin,Southern and Northern Dynasties to the Ming and Qing Dynasties.Through the methods of"introducing rituals into the law","taking Legalism in the name of Confucianism",and Confucian scholars involved in politics and used Confucianism and Buddhism to moralize and legalize morality,a mainstream culture of moral and legal unity that lasted for over a thousand years was formed.The rationality of the relationship between morality and law in traditional Chinese culture includes:firstly,"the combination of etiquette and law"and"morality as the mainstay and punishment as the auxiliary"are used to maintain long-term social stabili-ty.Secondly,"respecting morality and protecting the people"and"understanding morality and being cautious in punishment"reflect the humanistic nature of traditional Chinese moral and legal culture.Thirdly,the political and moral values of"the ruler takes the lead in fairness and justice"and"governing with morality"emphasize that the moral literacy of politicians is the foun-dation of politics and law.The historical limitations of the relationship between morality and law in traditional Chinese culture include:firstly,the culture of ritual governance(a mixture of ritual,morality,and law)that maintains the hierarchical system of the patriarchal clan hinders"equality before the law".Secondly,divine right of King's and"the three cardinal guiding princi-ples and the five constant virtues"hinder the democratization of the rule of law.Thirdly,the legalization of morality and the moralization of law hinder the independent development of law and the rule of law.
traditional Chinese culturerelationship between morality and lawhistorical logic