中国传统法治的商ㆍ觞ㆍ殇
중국 전통 법치에서의 상앙(商鞅)ㆍ기원ㆍ폐해
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Lord Shang was the pioneer of the traditional theory of rule of law. He systematically integrated the former Legalist Thoughts and made it to be a complete theory. That’s the greatest contribution of Lord Shang. Furthermore, as a successful politician, he applied his theory to political practice. Thus the feasibility of his theory had been proved. However, Lord Shang’s theory confused the difference between state and society, displayed a violent role, excluded the morality of law, and at last became a harsh legal theory. Because of these points, Lord Shang’s theory also brought a negative influence to the later generations. Today his theory had been an important source of our reflection Chinese traditional rule of law.
Abstract
Lord Shang was the pioneer of the traditional theory of rule of law. He systematically integrated the former Legalist Thoughts and made it to be a complete theory. That’s the greatest contribution of Lord Shang. Furthermore, as a successful politician, he applied his theory to political practice. Thus the feasibility of his theory had been proved. However, Lord Shang’s theory confused the difference between state and society, displayed a violent role, excluded the morality of law, and at last became a harsh legal theory. Because of these points, Lord Shang’s theory also brought a negative influence to the later generations. Today his theory had been an important source of our reflection Chinese traditional rule of law.
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