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Article
Natural
Law and Daoist Law in the Perspective of Law and Morality
Author(s)
WANG Tongjun
Full-Text PDF XML 44 Views
DOI:10.17265/2328-2177/2024.12.004
Affiliation(s)
Beijing International Studies University, Beijing, China
ABSTRACT
This paper has a comparative analysis of natural law and Daoist law,
focusing on the connections of law and morality. There is a description of the
definitions of them and the historical analysis of natural law. And the stoicism
is introduced to reveal the feature and nature of links of law and morality, which
is supported with the current cases of violences worldwide to demonstrate the
significance of moral rules, the states of mind. The Daoist law in China emphasizes
the spontaneity of the inner world, a higher spiritual condition to be pursued
in ancient China, free from the inappropriate desires, less intervention of the
authority with more initiative of the general public. The western
individualistic god-centered law under the guidance of reason and rationality
can go well along with the collectivistic China’s Daoist law, the former
stressed on the principles of justice, equality, fairness, etc. and the latter
themed Ziran, self so, keeping as they are. The fighting guys of natural
law and positive law in the West are mirrored with the counterparts of Daofa,
the spontaneity of all things, and Lifa, the rule-based Confucian
governance in China. The two couples as well as the two differing views within
can either oppose or complement each other. Natural law can refer to the just
doctrines, the moral principles, immanent in nature, while Daoist foundation is
based on nature-like inclination, the self-so and other-so spontaneity.
KEYWORDS
Natural law, Daoist law, morality, reason, ziran
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