中國의 禮的 秩序와 法的 秩序

Abstract

In the Ancient China, especially the Spring and the Autumn and Warriors periods, the social order was dismissed and extremely chaotic anomy situation had settled widely. There were lots of thinkers displayed their solutions to cease the chaotic struggling. It is claimed that their main topics and end of disputingwere how to make the ‘peace’ and settle the permanent ‘order’ in their societies. Among them, Confucius and Confucians demanded that ‘the Ritual order’ which is set on the ground of ‘Benevolence’ and the ‘Ritual’ that is their central concepts of governing the disorder. In the other hand, the Legalists claimed that the ‘Law’, objective normative order, nothing but the ‘Law’ cannot save the society from the out of chaos. It was the heydays of ideas and thoughts of the Ancient China and these thinkers’ efforts and rows found the fundamental model of norm in Chinese history. Confucianism and Legalism, both of them tried to make stable states and societies, but their principles stand against each other. At the one hand, Confucians are claimed that the ritual order that is based on the subjective morality. On the other hand, the Legalist is demandedthat the Legal order which is grounded the objective effectiveness. Through the centuries of struggling, finally the Confucianism won and became the governing hegemony of the Chinese Dynasties. The footprints of political hegemony struggling of Confucian and Legalist recorded as a book called ‘The Debates on the trading and taxing of Salt and Iron’. The book was the conference recordsand the committee was held for subjects on defense and economy of the state, but, in fact, the contents are substantiation of the disputing between the Confucianism and the Legalism. Arguments of the book reveals that the obvious dichotomies between stances of Confuciansmand Legalism. In this essay, through the collision of the two extremes’ theories and differential are displayed. Nextly, it is evaluated that the ‘ritual order’ of the Confucianism and ‘legal order’ of the Legalism. Finally, it is presented the prospecting and the limitation of the moral and legal arguments in actual societies.