Form Idealism to Realism----the Difference between the pre-Qin Confucianist Legal Thought and that of Han Dynasty
Abstract
The Confucian law ideology had dominated for a long time and brought about profound influence on the history of Chinese legal ideology. The Confucian law ideology was a process which was from idealism to realism in pre-Qin Dynasty to Han Dynasty. It compared the differences on the law ideology between the original Confucian and the Han Dynasty Confucian by thinking about the human nature, the attitude towards the imperial, the ethical definition under the patriarchal sense and the issue of the ethical and moral relationship. The evolution of law ideology is not fortuitous, and it is not only the inevitable result of the transformation on Confucian ideology, but also the inevitable requirement of the historical development. Han Confucianism as the major ideology to maintain the rule of feudal empire had been on the stage of history, and it had brought about profound influence on the research of the operation of legal practice and legal theory of the orthodox legal ideology for future generations.
