requestId:685186142cbf03.07088217.
The origin of gifts and law and the conceptual structure of “giving gifts as law”
Author: Qinghua University Journal” 2022 No. 1
Abstract: There are certain biases and ambiguities in the understanding of gifts and law. Wang Guowei interprets the original meaning of the word “花” as “the two jades in the shape of the utensils”, which affects the original meaning of the character creation that is far and wide but different. The leap from the word “花” (
), from the second jade, will be “a serious drum decorated with jade”, which is exactly the style of the original scene of the primitive scene of the leopard. The two distinctive stylistic features of the ancient witch worshiper, the witchcraft, are preserved in the shape of the two characters “Wu” and “Dance”, that is, the word “Wu” comes from the shape of the word “Wu” and “Dance”, which is like the shape of the gods holding jade with two hands to serve the gods; the word “Dance” comes from the shape of the ancient characters, which is like holding two strings of yak tails (a dancer) to dance. The development and performance of the great ceremony of the Shang and Zhou dynasties, the witch alone has expanded into a large-scale team and dance assistant. At the same time, the concept of gifts is also full of popularity, forming two main series of “Greetings” and “Quan”. The original meaning of “Fa” is to be “punished”, which can be confirmed by the “five punishments” recorded in “Book of Shun” and one of the main information included is that the source of criminal law is divided from the political form of unity of military and punishment. The separation of military and punishment is not fundamentally established after the Western Zhou Dynasty. At the same time, the vocabulary of the word “Treat and Law” has been extended through multiple extensions in the historical development process, resulting in a reunion and connotational intersecting concepts. The era was in the midst of war. Xunzi’s teachings of gifts were the result of systematic construction based on the basics of “Guanzi” or related theory. Korean Feizi’s thinking was an extension of Xunzi’s teachings, and did not surpass Xunzi’s teachings in the logical framework. In the broad system, that is, the “political and educational codes” of the chapter, each school refers to differences whether it applies the concept of “gratulations” or the concept of “law”. Xunzi emphasized “law and agreement”, focusing on deciding the “gratitude” behind the benefits of the reorganization system, and established the basis for the theoretical emphasis on the reorganization school in Confucianism, and also formed the division between Legalism and Confucianism. In the Confucian legal tradition with Xunzi as the mechanism, the internal legal principles can be summarized by “Travel as the law”. This concept was absorbed by Confucians since Qin and Han, and was integrated into the framework structure of the design of the regulating system and became the source of the regulating system.
Keywords: gift and law; witch and dance; unity of war and punishment; gift as law; Xunxue; Legalists
Gift and law are the most difficult conceptual models in history to be clearly distinguishedone. When students discuss the relationship between the two, it can be said that everyone is different. For a long time, “many people in the academic world regard “gift” and “fa” as two opposite things”, and then they are wrongly corrected. Many students believe that “in many situations, Dharma and gift have the same meaning.” [1] Over the past 20 years, it has been reversing from two extremes, but it is believed that “reflecting the concept of ‘fa’ is finally divided from the gift”, and [2] believes that “many content of ‘fa’ in modern society” has been included in the “connotation of the Chinese word ‘fa’”. [3] The level of psychological ambiguity, I think it has not yet been banned from the 1945 distinction: “In terms of meaning, the distinction between gifts and methods is obvious. If it is said in terms of meaning, the two are easy to be confused.” [4] In fact, even the meaning of gifts and methods, there are no small number of miscellaneous, misreading and raw swallowing activities. The ambiguity and prejudice based on concepts have formed “our misunderstanding of the ‘law meaning’”. As Ma Xiaohong pointed out, he is confused about “the ancient gift words have the current Dharma meaning, and the current Dharma words have the ancient gift meaning” and uses solidified academic knowledge and habits, “it is impossible to show the full picture of the modern gift structure in China, and it is difficult to avoid the organic combination of the gift methods being separated by the perspective of a single perspective.” [5]
Now, from the training and verbs of the gift and law, we have examined the morphology and conceptual evolution of the two, and conducted the main line theory on the process of the independent source of the gift and law in the pre-Qin period from their own independent sources to the intersection of concepts, thereby extracting the concept of “Treach as Law” laid in “Xunzi” to establish the main axis of the Confucian Legal tradition after the Han Dynasty.
1. Gift is due to the genre of the sacred vocabulary group connection
The original meaning of “gift”, and it has been long-term hidden in the shadow of Xu Shen’s “Yu Wen Jiezi”. “Speaking the Book of Words: “Greeting is a footsteps, so that God brings blessings. From the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the show, from the 51);”>It also sounds.” “Doubu”: “
, a tool for showing off. From the pictogram of beans.”
After becoming a “gift tool”, it was the screenshot of “content” 2022-02-16 2.59.50-4.png!article_800_auto” style=”color: rgb(51, 51, 51);”>, what is the shape of the image? The explanation of Xu Feng (920-974) “Translation” during the Five Dynasties is: “
is a gift, and the secret of gift is hard to see. Therefore, Chen beans and set up gui to show it to bow, rise and fall, and fly. “[6] The key point of concern is the gift of the outsider. What is the thing on the bean? Xu Ying has been exploring it for a long time. Xu Hao, a native of the Qing Dynasty, just said in a singular manner: “The sacrificial and sacrificial gift is a common gift, 
There are objects in the utensil.” [7] As long as Gui Fu (1736-1806) “Yijing” test charts are used to conduct sacrifices written by historical documents, he made some recommendations on the items contained in the instrument. He picked out the article “New Book: Morality” and said: “People think that ghosts and gods can be happy for short and long, so they have sacrificial animals, sacrificial beans, and sacrifices to ghosts and gods, and want to assist in blessings, so they are said to pay tribute to ghosts and gods to this blessing.” [8] That is to say, they will take a screenshot from
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