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Publication Zhu Xi on Sentiment, Rationality and Rule(2008) ;Wu, Cheng-linWu, Cheng-linUnder the common appearance that the Chinese treats governmental rules indifferently since long time, what is the normal belief that keeps Chinese community in stable? What is the “fundamental” normal system in the Chinese, and what is its reference to governmental rules? Furthermore, “Qing(情), Li(理), Fa(法) (sentiment, rationality/principle/reason/nature, and rule)” appears before many Chinese’s eyes spontaneously while people offend against some government rules, referring to the word “illegality”. What is the reference between the spontaneousness on these concepts and the indifference on governmental rules? It’s an interesting question. However, present-day local academics on Chinese legal history almost focalize on “institution” in Imperial China, diving into the governmental rules or institutions themselves. They might dip into practical origins and realistic elements of rules movements, and those who were affected by someone’s influence with his ideas. But it seems that present-day local studies do not extend to the aspect within the questions either.he Confucian School of Idealists after Song Dynasty played an outstanding and remarkable role on constructing or interpreting the conception of “Qing Li”. There may be some considerable fruitage explored if the study on “Qing, Li, Fa” stretched to Confucian School of Idealism, particularly in the influence of Zhu Xi’s insightful, religious and copious writings lasted until late Qing. This thesis compresses the related questions into the statement as fallows: did “Qing, Li, Fa” appeared in Zhu Xi’s writings refer to (or imply to) a system that people regard governmental rule as the back burner in the normal system? If so, what is the content?his thesis comprises five chapters. The first chapter, chapter 1, is a preface, which illustrates the motives, literature discussions, and methods of this research, and the last chapter, chapter 5, makes a summary conclusion. Besides, the main part is as fallows:hapter 2 is attentive to the relationship between sentiment and rationality. Section 1 briefs on the discussion of blending feelings with human nature in Pre-Ch''in Confucians, especially in The Four Books, as well as the process and realm of self-cultivation. In Confucian Analects, Confucius said, “Prosper with poems, stand with rituals, accomplish with music.” It may be considered that Confucius advanced the self-cultivating approach showing the progress from native sentiment, through moral conduct, and until sublime sentiment. While reaching the gradation of “accomplish with music”, man could blend rationality into sentiment and breathed his chord naturally. Section 2 treats Zhu Xi’s theory of will-nature (the will dominates nature and feeling). The sentiment out of the Daoxin (道心, rational will), which may be named “the sage’s sentiment”, is dualistic to that out of the Renxin(人心, mortal will), which may be named as “laical sentiment.” Facing to mortal obstacles in mind, how did one cultivate himself with watching any body movement? Zhu Xi took the approach called “Zhong He (中和, mean/equilibrium and harmony) as the extreme approach.hapter 3 is concerned with the issue whether rules (“Fa”) are founded upon rationality. Section 1 focuses on the meaning of “rituals” (as principles) in the practice of “Zhong He” approach. Zhu Xi regarded “To overcome one’s-self and then recover the ritual field of nature reaches Ren(仁). (Self-ritualization, which is nearly corresponded to self-legislation, reaches morality.)” and its imperative “Never act except according to ‘rituals’ (corresponded to moral laws, or principles, as well as mortal laws concurrently).” as the categorical self-cultivating meta-approach. He also considered that the categorical imperative, “Never act except according to rituals,” is the hinge or critical point among self-ritualization. While someone’s rational will dominates his mortal will frequently with the categorical imperative, “Never act except according to rituals,” he would accomplish the self-ritualization. Section 2 illustrates the kingdom of patterns. Zhu Xi accentuated that only Confucians with engaged unswerving faith could realize the kingdom of patterns descript in Confucian classics, practicing Daoxue(道學) at the completely governmental field to unify the political orthodoxy into Confucian orthodoxy. Section 3 examines governmental rules, criminal rules included. Criminal rules, which were positioned functionally as the threatening to people away form wrongdoing, were dependent on ritual rules and titular on the morality. Governmental rules, irrelevant to the self-cultivating approach, were merely tools of governors with the effect of authority, and could not consequently cultivate people.hapter 4 makes a brief introduction on Zhu Xi’s concrete discourse on “Qing, Li, Fa”, including the ideal and discord examples.his thesis concludes that, in Zhu Xi’s view, if the “Fa” above “Qing, Li, Fa” refers to ritual rules, it will be constructed a moral law system accompanied with mortal law system, which would be based on the concept of “equity”. On the contrary, if “Fa” refers to governmental rules, it may draw a blueprint of inculcating with penalty in order to keep Confucianism; by the way, “Qing, Li” points toward the doctrine of Confucianism, which is commonly referred to as “ritual doctrine/discipline” in last hundreds of years. If governmental rules exist without any Confucian purpose, they may be treat as tools of governors. Moralistically speaking, governmental rules are regarded as the back burner due to irrelevance to the self-cultivating approach.thesis5 3