墨子의 법사상

Abstract

This paper is a study on the legal thought of Mozi(墨子) who was initiator of Mojia(墨家) in the early period of Warring States(475-221 B.C.), Mojia(墨家) was one of two famous marked and prominent Schools of thought in pre-Qin(先秦) period of ancient China, the other was Rujia(儒家) i.e. Confucianism. This paper in preface introduces various theories about the life of Mozi and the Book of Mozi, and mentions the background of Mozi’s appearance on the historical stage and the competition & struggle between Mojia & Confucianism. The main subjects of this paper are as follows. The first is ‘Jian-ai-jiao-li(兼愛交利)’, which was the core base of philosophy of Mozi, it means that person should love the others universally on the basis of equality and mutual benefit. It is a sort of golden rule of Mozi, as like as Confucian Ren(仁: humane-loving) and Love of Jesus, but it is more similar rather Jesus’s than Confucian, because Confucian Ren approve & maintain the difference of love between blood relations like parents and distant relatives, also between beloved family and unfamiliar stranger. The second is Mozi’s Natural Law based on Tianzhi(天志), i.e. Heaven’s Will or Wish. Mozi maintained that the emperor named Tianzi(天子) as the Son of Heaven, should uphold and obey Heaven’s Will or Wish in the process of rule, legislation & judicature. The third is Mozi’s characteristic theory of origin of law based on the worldly justice, unity & Great Harmony. The forth is the rule of emperor, divided in three branches, that is the wise official system based on the policy which respects for & instates the virtuous & able men, the fair judiciary system based on equal justice between crime & punishment, and the principle of utilitarian legislature based on the policy which promotes what is beneficial and abolishes what is harmful to the people. The fifth is Mozi’s theory of international law based on peaceful coexistence and non-attack(非攻) only approving invocation of self-defense power, which means just war. Mozi’s theory is never inferior to modern international law nor Kant’s theory of eternal peace. In conclusion, this paper makes a general survey of Mozi’s legal thought in broad outline based on adequate understanding of the original text, and the author hopes that this paper become a small priming water of pump or kindling of fire which may induce interest of readers, so that the young may accomplish further more broad & deep study on Mozi’s legal thought.