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Law and Morality in Ancient China

Law and Morality in Ancient China PDF Author: Randall P. Peerenboom
Publisher: SUNY Press
ISBN: 9780791412374
Category : Philosophy
Languages : en
Pages : 408

Book Description
Huang-Lao thought, a unique and sophisticated political philosophy which combines elements of Daoism and Legalism, dominated the intellectual life of late Warring States and Early Han China, providing the ideological foundation for post-Qin reforms. In the absence of extant texts, however, scholars of classical Chinese philosophy remained in the dark about this important school for over 2000 years. Finally, in 1973, archaeologists unearthed four ancient silk scrolls: the Silk Manuscripts of Huang-Lao. This work is the first detailed, book-length treatment in English of these lost treasures.

Law and Morality in Ancient China

Law and Morality in Ancient China PDF Author: Randall P. Peerenboom
Publisher: SUNY Press
ISBN: 9780791412374
Category : Philosophy
Languages : en
Pages : 408

Book Description
Huang-Lao thought, a unique and sophisticated political philosophy which combines elements of Daoism and Legalism, dominated the intellectual life of late Warring States and Early Han China, providing the ideological foundation for post-Qin reforms. In the absence of extant texts, however, scholars of classical Chinese philosophy remained in the dark about this important school for over 2000 years. Finally, in 1973, archaeologists unearthed four ancient silk scrolls: the Silk Manuscripts of Huang-Lao. This work is the first detailed, book-length treatment in English of these lost treasures.

Origins of Moral-political Philosophy in Early China

Origins of Moral-political Philosophy in Early China PDF Author: Tao Jiang
Publisher: Oxford University Press
ISBN: 0197603475
Category : Philosophy
Languages : en
Pages : 537

Book Description
This book offers a new narrative and interpretative framework about the origins of moral-political philosophy that tracks how the three core normative values, humaneness, justice, and personal freedom, were formulated, reformulated, and contested by early Chinese philosophers in their effort to negotiate the relationship among three distinct domains, the personal, the familial, and the political. Such efforts took place as those thinkers were reimagining a new moral-political order, debating its guiding norms, and exploring possible sources within the context of an evolving understanding of He

Morality and Responsibility of Rulers

Morality and Responsibility of Rulers PDF Author: Anthony Carty
Publisher: Oxford University Press
ISBN: 0191649015
Category : Law
Languages : en
Pages : 550

Book Description
The history of ideas on rule of law for world order is a fascinating one, as revealed in this comparative study of both Eastern and Western traditions. This book discerns 'rule of law as justice' conceptions alternative to the positivist conceptions of the liberal internationalist rule of law today. The volume begins by revisiting early-modern European roots of rule of law for world order thinking. In doing so it looks to Northern Humanism and to natural law, in the sense of justice as morally and reasonably ordered self-discipline. Such a standard is not an instrument of external monitoring but of self-reflection and self-cultivation. It then considers whether comparable concepts exist in Chinese thought. Inspired by Confucius and even Laozi, the Chinese official and intellectual elite readily imagined that international law was governed by moral principles similar to their own. A series of case studies then reveals the dramatic change after the East-West encounters from the 1860s until after 1901, as Chinese disillusionment with the Hobbesian positivism of Western international law becomes ever more apparent. What, therefore, are the possibilities of traditional Chinese and European ethical thinking in the context of current world affairs? Considering the obstacles which stand in the way of this, both East and West, this book reaches the conclusion that everything is possible even in a world dominated by state bureaucracies and late capitalist postmodernism. The rational, ethical spirit is universal.

Law and the Party in Xi Jinping's China

Law and the Party in Xi Jinping's China PDF Author: Rogier J. E. H. Creemers
Publisher: Cambridge University Press
ISBN: 1108836356
Category : Law
Languages : en
Pages : 287

Book Description
Provides an in-depth study of the ideological and organisational features of China's legal system, as it is embedded in the Party-state.

The Tradition and Modern Transition of Chinese Law

The Tradition and Modern Transition of Chinese Law PDF Author: Jinfan Zhang
Publisher: Springer Science & Business Media
ISBN: 3642232663
Category : Law
Languages : en
Pages : 710

Book Description
The book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law’s transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, but also integrated the important historical figures and events ingeniously and it is a valuable and readable book with authenticity.

A Study of Legal Tradition of China from a Culture Perspective

A Study of Legal Tradition of China from a Culture Perspective PDF Author: Zhiping Liang
Publisher: Springer Nature
ISBN: 9811945101
Category : Law
Languages : en
Pages : 347

Book Description
Professor Zhiping Liang offers a new understanding of Chinese legal tradition in this profoundly influential book. Unlike the available literature using the usual method of legal history research, this book attempts to illustrate ancient Chinese legal tradition through cultural interpretation. The author holds that both the concept and practice of law are meaningful cultural symbols. The law reveals not only the life pattern in a specific time and space but also the world of the mind of a specific group of people. Therefore, just as cultures have different types, laws embedded in different societies and cultures also have different characters and spirits. Believing that human experience is often condensed into concepts, categories, and classifications, the author begins his discussion with the analysis of relevant terms and then seeks to understand history by interpreting the interaction and interconnectedness of the words, ideas, and practices. Based on the same understanding, the author uses modern concepts reflectively and critically, consciously exploiting the differences between ancient and contemporary Chinese and Western concepts to achieve a more realistic understanding of history while avoiding the ethnocentrism and modern-centrism common in historical studies.

The Spirit of Traditional Chinese Law

The Spirit of Traditional Chinese Law PDF Author: Geoffrey MacCormack
Publisher: University of Georgia Press
ISBN: 9780820317229
Category : Law
Languages : en
Pages : 292

Book Description
By the end of the eighth century A.D., imperial China had established a system of administrative and penal law, the main institutions of which lasted until the collapse of the Ch'ing dynasty in 1911. The Spirit of Traditional Chinese Law studies the views held throughout the centuries by the educated elite on the role of law in government, the relationship between law and morality, and the purpose of punishment. Geoffrey MacCormack's introduction offers a brief history of legal development in China, describes the principal contributions to the law of the Confucian and Legalist schools, and identifies several other attributes that might be said to constitute the "spirit" of the law. Subsequent chapters consider these attributes, which include conservatism, symbolism, the value attached to human life, the technical construction of the codes, the rationality of the legal process, and the purposes of punishment. A study of the "spirit" of the law in imperial China is particularly appropriate, says MacCormack, for a number of laws in the penal codes on family relationships, property ownership, and commercial transactions were probably never meant to be enforced. Rather, such laws were more symbolic and expressed an ideal toward which people should strive. In many cases even the laws that were enforced, such as those directed at the suppression of theft or killing, were also regarded as an emphatic expression of the right way to behave. Throughout his study, MacCormack distinguishes between "official," or penal and administrative, law, which emanated from the emperor to his officials, and "unofficial," or customary, law, which developed in certain localities or among associations of merchants and traders. In addition, MacCormack pays particular attention to the law's emphasis on the hierarchical ordering of relationships between individuals such as ruler and minister, ruler and subject, parent and child, and husband and wife. He also seeks to explain why, over nearly thirteen centuries, there was little change in the main moral and legal prescriptions, despite enormous social and economic changes.

Myths & Legends of China

Myths & Legends of China PDF Author: Edward Theodore Chalmers Werner
Publisher: London, Harrap
ISBN:
Category : Juvenile Fiction
Languages : en
Pages : 562

Book Description
Offering a provocative glimpse into a world dominated by traditional rules of etiquette and inhabited by demons, dragon-gods, and spirits, this volume presents a wealth of information illuminating the ideas and beliefs that governed the daily lives of Chinese people long before the revolutions of the 20th century. Engrossing and informative, the book will appeal not only to lovers of folklore but to everyone interested in Chinese art, culture or philosophy. 32 b&w illustrations.

Fundamental Legal Concepts of China and the West

Fundamental Legal Concepts of China and the West PDF Author: Hyung I. Kim
Publisher: Kennikat Press
ISBN:
Category : Law
Languages : en
Pages : 200

Book Description
This work focuses on the concepts of natural law, equity or justice, and right and responsibility in traditional Chinese law.

Human Law and the Laws of Nature in China and the West

Human Law and the Laws of Nature in China and the West PDF Author: Joseph Needham
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 56

Book Description