동중서의 형이상학적 우주론에 대한 법철학적 분석

Abstract

Dong Zhong-shu's cosmism of the Han dynasty charge couldn't also receive proper historical evaluation like an analysis of 顧頡剛 which prescribes Confucianism of the Han charge if it was deterioration of forward studying abroad with absurd logical structure at the superstitious and mysterious. When it's judged from a philosophy of law-like way of thinking, the "Li(禮)" which is a government model of Confucianism is a foundation of the theory which shows by the process which transfers from the character as the customary government model to a natural law principle further and is changing in Dong Zhong-shu's " Yin-Yang and the Five Elements(陰陽五行)" and "The theory of efficacy between the Heaven and a Man(天人感應)". Dong Zhong-shu thought that he built the system which can govern the world through a natural law. The government model by which would not be taken out a unification empire from tradition of Confucianism and customary Li(禮), it has the point of similarity where it's oriented to the cosmopolitanism-like in The Law of Peoples(Jus gentium) that made securement saddled with ethics based on a proper principle universally than positive law and a custom that I thought securement was shouldered from a principle in universal ‘heaven(天)’. Dong Zhong-shu's cosmopolitanism is based on the celestial being combination in which universalism of the world (heaven) and human kind have the same shape structure. An outline of an ancient natural law thought as mutual unification of the natural law which is a partial reflection in lex aeterna(永久法) as universalism when the world is ruled when its nous can recognize man is being incorporated into such heaven and the same shape structure of the person. Dong Zhong-shu made it this heaven and the same shape structure of the person and had secured a possibility of whether it can act on it and what one should do for the modal principle by which natural law is in realistic state social order.