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Law And Morality In Ancient China
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Book Synopsis Law and Morality in Ancient China by : Randall P. Peerenboom
Download or read book Law and Morality in Ancient China written by Randall P. Peerenboom and published by SUNY Press. This book was released on 1993-01-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Morality and Responsibility of Rulers by : Anthony Carty
Download or read book Morality and Responsibility of Rulers written by Anthony Carty and published by Oxford University Press. This book was released on 2018-02-09 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Origins of Moral-political Philosophy in Early China by : Tao Jiang
Download or read book Origins of Moral-political Philosophy in Early China written by Tao Jiang and published by Oxford University Press. This book was released on 2021 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Law and the Party in Xi Jinping's China by : Rogier J. E. H. Creemers
Download or read book Law and the Party in Xi Jinping's China written by Rogier J. E. H. Creemers and published by Cambridge University Press. This book was released on 2021-01-07 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth study of the ideological and organisational features of China's legal system, as it is embedded in the Party-state.
Book Synopsis The Spirit of Traditional Chinese Law by : Geoffrey MacCormack
Download or read book The Spirit of Traditional Chinese Law written by Geoffrey MacCormack and published by University of Georgia Press. This book was released on 1996 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Tradition and Modern Transition of Chinese Law by : Jinfan Zhang
Download or read book The Tradition and Modern Transition of Chinese Law written by Jinfan Zhang and published by Springer Science & Business Media. This book was released on 2014-02-20 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Study of Legal Tradition of China from a Culture Perspective by : Zhiping Liang
Download or read book A Study of Legal Tradition of China from a Culture Perspective written by Zhiping Liang and published by Springer Nature. This book was released on 2023-03-10 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Fundamental Legal Concepts of China and the West by : Hyung I. Kim
Download or read book Fundamental Legal Concepts of China and the West written by Hyung I. Kim and published by Kennikat Press. This book was released on 1981 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work focuses on the concepts of natural law, equity or justice, and right and responsibility in traditional Chinese law.
Book Synopsis The World of Thought in Ancient China by : Benjamin Isadore Schwartz
Download or read book The World of Thought in Ancient China written by Benjamin Isadore Schwartz and published by Harvard University Press. This book was released on 2009-06-30 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: The center of this prodigious work of scholarship is a fresh examination of the range of Chinese culture thought during the formative period of Chinese culture. Benjamin Schwartz looks at the surviving texts of this period with a particular focus on the range of diversity to be found in them. While emphasizing the problematic and complex nature of this thought he also considers views which stress the unity of Chinese culture. Attention is accorded to pre-Confucian texts, to the evolution of early Confucianism, to Mo-Tzu, to the Taoists the legalists, the Ying-Yang school, the five classics as well as to intellectual issues which cut across the conventional classification of schools. The main focus is on the high cultural texts, but Mr. Schwartz also explores the question of the relationship of these texts to the vast realm of popular culture.
Book Synopsis Human Law and the Laws of Nature in China and the West by : Joseph Needham
Download or read book Human Law and the Laws of Nature in China and the West written by Joseph Needham and published by . This book was released on 1951 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Chinese Contract Law by : Larry A. DiMatteo
Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Book Synopsis A Panoramic History of Traditional Chinese Ethics by : Yi-ting ZHU (朱贻庭)
Download or read book A Panoramic History of Traditional Chinese Ethics written by Yi-ting ZHU (朱贻庭) and published by Springer Nature. This book was released on 2021-06-02 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the trajectory of traditional Chinese ethics from West Zhou Dynasty (1046-771 BC) through Qing Dynasty (1616—1912) and covers a myriad of Chinese philosophers who have expressed their ideas about the relationships between Heavenly Dao vs. Earthly Dao, Good vs. Evil, Morality vs. Legality, Knowledge vs. Behavior, Motive vs. Result, Righteousness vs. Profitability, Rationality vs. Animality. In this book, the readers can find Confucius’s discussion on Rite and Benevolence, Lao Zi’s meditation on Inaction of Great Dao, Zhuang Zi’s elaboration on “Transcendental Freedom”, Mohist utilitarian “Universal Love”, and Mencian theory of “Primordial Good Humanity”, to name just a few phenomenal figures. A compact yet elaborate, panoramic yet profound guidebook to traditional Chinese ethical thought, this book is an excellent window to showcase traditional Chinese mental and spiritual legacy. Composed, translated, and proofread by brilliant scholars, it produces a fluent and coherent English discourse of Chinese morality and ethics, nimbly spinning together the threads of Confucianism, Taoism, Buddhism, and other ideological schools with brief references to the historical situation. Consequently, it provides English readers, especially those curious about Chinese psychology and rationality, with thought-provoking and horizon-expanding perspectives, and provides Chinese readers, especially those of philosophy and translation, with a great number of typical and characteristic quotes of archaic Chinese that have never been translated before. Ultimately, it is a fundamental threshold to learning about Chinese people, Chinese culture, Chinese morality, Chinese mentality, Chinese policy, and Chinese diplomacy.
Book Synopsis Confucian Ethics of the Axial Age by : Heiner Roetz
Download or read book Confucian Ethics of the Axial Age written by Heiner Roetz and published by State University of New York Press. This book was released on 1993-10-05 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confucian Ethics of the Axial Age describes the formative period of Chinese culture—the last centuries of the Zhou dynasty—as an early epoch of enlightenment. It comprehensively reconstructs the ethical discourse as thought gradually became emancipated from tradition and institutions. Rather than presenting a chronology of different thinkers and works, this book discusses the systematic aspects of moral philosophies. Based on original texts, Roetz focuses on filial piety; the conflict between the family and the state; the legitimating of the political order; the virtues of loyalty, friendship, and harmony; concepts of justice; the principle of humaneness and its different readings; the Golden Rule; the moral person; the autonomous self, motivation, decision and conscience; and various attempts to ground morality in religion, human nature, or reason. These topics are arranged in such a way that the genetic structure and the logical development of the moral reasoning becomes apparent. From this detached perspective, conventional morality is either rejected or critically reestablished under the restraint of new abstract and universal norms. This makes the Chinese developments part of the ancient worldwide movement of enlightenment of the axial age.
Download or read book Confucianism written by Daniel K. Gardner and published by Oxford University Press, USA. This book was released on 2014 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume shows the influence of the Sage's teachings over the course of Chinese history--on state ideology, the civil service examination system, imperial government, the family, and social relations--and the fate of Confucianism in China in the nineteenth and twentieth centuries, as China developed alongside a modernizing West and Japan. Some Chinese intellectuals attempted to reform the Confucian tradition to address new needs; others argued for jettisoning it altogether in favor of Western ideas and technology; still others condemned it angrily, arguing that Confucius and his legacy were responsible for China's feudal, ''backward'' conditions in the twentieth century and launching campaigns to eradicate its influences. Yet Chinese continue to turn to the teachings of Confucianism for guidance in their daily lives.
Book Synopsis Chasing the Chinese Dream by : William N. Brown
Download or read book Chasing the Chinese Dream written by William N. Brown and published by Springer Nature. This book was released on 2021-06-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book explores the historical, cultural and philosophical contexts that have made anti-poverty the core of Chinese society since Liberation in 1949, and why poverty alleviation measures evolved from the simplistic aid of the 1950s to Xi Jinping’s precision poverty alleviation and its goal of eliminating absolute poverty by 2020. The book also addresses the implications of China’s experience for other developing nations tackling not only poverty but such issues as pandemics, rampant urbanization and desertification exacerbated by global warming. The first of three parts draws upon interviews of rural and urban Chinese from diverse backgrounds and local and national leaders. These interviews, conducted in even the remotest areas of the country, offer candid insights into the challenges that have forced China to continually evolve its programs to resolve even the most intractable cases of poverty. The second part explores the historic, cultural and philosophical roots of old China’s meritocratic government and how its ancient Chinese ethics have led to modern Chinese socialism’s stance that “poverty amidst plenty is immoral”. Dr. Huang Chengwei, one of China’s foremost anti-poverty experts, explains the challenges faced at each stage as China’s anti-poverty measures evolved over 70 years to emphasize “enablement” over “aid” and to foster bottom-up initiative and entrepreneurialism, culminating in Xi Jinping’s precision poverty alleviation. The book also addresses why national economic development alone cannot reduce poverty; poverty alleviation programs must be people-centered, with measurable and accountable practices that reach even to household level, which China has done with its “First Secretary” program. The third part explores the potential for adopting China’s practices in other nations, including the potential for replicating China’s successes in developing countries through such measures as the Belt and Road Initiative. This book also addresses prevalent misperceptions about China’s growing global presence and why other developing nations must address historic, systemic causes of poverty and inequity before they can undertake sustainable poverty alleviation measures of their own.
Book Synopsis The Mandate of Heaven and The Great Ming Code by : Jiang Yonglin
Download or read book The Mandate of Heaven and The Great Ming Code written by Jiang Yonglin and published by University of Washington Press. This book was released on 2011-07-01 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: After overthrowing the Mongol Yuan dynasty, Zhu Yuanzhang, the founder of the Ming dynasty (1368-1644), proclaimed that he had obtained the Mandate of Heaven (Tianming), enabling establishment of a spiritual orientation and social agenda for China. Zhu, emperor during the Ming’s Hongwu reign period, launched a series of social programs to rebuild the empire and define Chinese cultural identity. To promote its reform programs, the Ming imperial court issued a series of legal documents, culminating in The Great Ming Code (Da Ming lu), which supported China’s legal system until the Ming was overthrown and also served as the basis of the legal code of the following dynasty, the Qing (1644-1911). This companion volume to Jiang Yonglin’s translation of The Great Ming Code (2005) analyzes the thought underlying the imperial legal code. Was the concept of the Mandate of Heaven merely a tool manipulated by the ruling elite to justify state power, or was it essential to their belief system and to the intellectual foundation of legal culture? What role did law play in the imperial effort to carry out the social reform programs? Jiang addresses these questions by examining the transformative role of the Code in educating the people about the Mandate of Heaven. The Code served as a cosmic instrument and moral textbook to ensure “all under Heaven” were aligned with the cosmic order. By promoting, regulating, and prohibiting categories of ritual behavior, the intent of the Code was to provide spiritual guidance to Chinese subjects, as well as to acquire political legitimacy. The Code also obligated officials to obey the supreme authority of the emperor, to observe filial behavior toward parents, to care for the welfare of the masses, and to maintain harmonious relationships with deities. This set of regulations made officials the representatives of the Son of Heaven in mediating between the spiritual and mundane worlds and in governing the human realm. This study challenges the conventional assumption that law in premodern China was used merely as an arm of the state to maintain social control and as a secular tool to exercise naked power. Based on a holistic approach, Jiang argues that the Ming ruling elite envisioned the cosmos as an integrated unit; they saw law, religion, and political power as intertwined, remarkably different from the “modern” compartmentalized worldview. In serving as a cosmic instrument to manifest the Mandate of Heaven, The Great Ming Code represented a powerful religious effort to educate the masses and transform society.
Book Synopsis Origins of Chinese Law by : Yongping Liu
Download or read book Origins of Chinese Law written by Yongping Liu and published by . This book was released on 1998 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Origins of Chinese Law develops and supports an original, yet controversial, picture of early Chinese law. Casting doubt on the accepted premise that there was a unified system of law and punishment throughout the ancient Chinese empire based on the wuxing, or five punishments, the author suggests a more complicated and diverse picture: that from their earliest origins the Chinese people were subject to different laws and punishments based on their clan or social status." "Using a wealth of literary evidence from the Confucian classics and historical writings, and making use of recent archaeological excavations of oracle bones, bronze inscriptions, and bamboo strips, the author elucidates the central concepts that formed the basis of early Chinese law such as Li, covenant, punishment, and the theories and practice of law of the Qin and Han dynasties."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
