Download or read book Chinese Traditional Law and Morality written by Yung-jung Lin and published by . This book was released on 1975 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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 547 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.
Download or read book Chinese Traditional Law and Morality written by Yongrong Lin and published by . This book was released on 1975 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Tradition of the Law and Law of the Tradition written by Xin Ren and published by Bloomsbury Publishing USA. This book was released on 1997-03-25 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, social theorists in the West have structured models of state social control according to the tenet that socialization is accomplished by means of external controls on behavior: undesirable actions are punished and desirable actions result either in material reward or a simple respite from the oppressive attentions of an authoritarian state. In this volume, the author presents the tradition of law in China as an exception to the Western model of social control. The Confucian bureaucracy that has long structured Chinese social life melded almost seamlessly with the Maoist revolutionary agenda to produce a culture in which collectivism and an internalized adherence to social law are, in some respects, congenital features of Chinese social consciousness. Through her investigation of the Maoist concept of revolutionary justice and the tradition of conformist acculturation in China, the author constructs a fascinating counterpoint to traditional Western arguments about social control.
Download or read book Heaven Has Eyes written by Xiaoqun Xu and published by Oxford University Press. This book was released on 2020-08-03 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Heaven Has Eyes is a comprehensive but concise history of Chinese law and justice from the imperial era to the post-Mao era. Never before has a single book treated the traditional Chinese law and judicial practices and their modern counterparts as a coherent history, addressing both criminal and civil justice. This book fills this void. Xiaoqun Xu addresses the evolution and function of law codes and judicial practices throughout China's long history, and examines the transition from traditional laws and practices to modern ones in the twentieth century. To the Chinese of the imperial era, justice was an alignment of heavenly reason (tianli), state law (guofa), and human relations (renqing). Such a conception did not change until the turn of the twentieth century, when Western-derived notions-natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong. The legal-judicial reform agendas that emerged in the beginning of the twentieth century (and are still ongoing today) stemmed from this change in Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things, and the past century was fraught with legal dramas and tragedies. Heaven Has Eyes lays out how and why that is the case.
Download or read book The Tradition and Modern Transition of Chinese Law written by Jinfan Zhang and published by Springer. This book was released on 2016-09-03 with total page 0 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.
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.
Download or read book A Panoramic History of Traditional Chinese Ethics written by Yi-ting ZHU (朱贻庭) and published by Springer. This book was released on 2022-06-04 with total page 337 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.
Download or read book Traditional Ethics and Contemporary Society of China written by Guojie Luo and published by Springer Nature. This book was released on 2023-04-28 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the ethical thinking of the pre-Qin Dynasty, this book discusses the formation and development of traditional Chinese ethics, the refinement of the Confucian ethical normative system and the establishment of its orthodoxy, as well as the deepening and maturation of feudal ethics. The book is simple in style and clear in context. It contains not only the essence of traditional Chinese morality but also the achievements of modern civilization. It analyzes the implications of traditional Chinese ethics on the governance and moral construction of modern society and can be used as a reference for governance and revitalization of the country and moral development.
Download or read book Chinese Traditional Morality written by Kaixuan Zhu and published by . This book was released on 2018-12-05 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chinese Traditional Morality (trade edition) is written under theorganization of the State Educational Committee and under the direction ofthe leaders of the Central Committee and the leaders of the StateEducational Committee. The book is used for education of ancient Chinesetraditional morality in various schools.Chinese traditional morality we herein refer to is a summary of ethicthoughts and the behavioral standards based on the contents of thetraditional morality of Confucianism, Mohism, Taoism and legalism in theperiods from Pre‐Qin to Xinhai Revolution, of which Confucian's moralthoughts has an important role and shows potential influences due to somespecial factors in China's history.Chinese traditional morality is an important part of Chinese traditionalculture, a summary made by ancient Chinese thinkers in moral practices andexperiences, an important part of national spirits gradually condensed in thelong social practice, which has a great influence and effect on Chinesetraditional culture and the nation's psychology. Chinese traditional morality, to a certain senses, is the core of Chinese traditional culture.Developing Chinese moral tradition is aimed at stirring up our nationalspirits and sense of pride, responsibility and confidence, at enriching theforms and contents of our socialist morality to intensify national charactersand cohesiveness, at harmonizing personal relationship in our socialistcountry for a more healthier socialist marketing economy, at cultivatingcollectiveness, patriotism and socialism as our trend of thoughts, atpromoting the construction of socialist spiritual civilization and buildingsense of values and moral standards of socialist country
Download or read book Legal and Moral Systems in Asian Customary Law written by Orlan Lee and published by . This book was released on 1978 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Inside China s Legal System written by Chang Wang and published by Chandos Publishing. This book was released on 2013-10-31 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: China’s legal system is vast and complex, and robust scholarship on the subject is difficult to obtain. Inside China’s Legal System provides readers with a comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve. The first section of the book explains the Communist Party’s utilitarian approach to law: rule by law. The second section discusses Confucian and Legalist views on morality, law and punishment, and the influence such traditional Chinese thinking has on contemporary Chinese law. The third section focuses on the roles of key players (including judges, prosecutors, lawyers, and legal academics) in the Chinese legal system. The fourth section offers Chinese legal case studies in civil, criminal, administrative, and international law. The book concludes with a comparison of China’s fundamental governing and legal principles with those of the United States, in such areas as checks and balances, separation of powers, and due process. Uses extensive legal materials and historical documents generally unavailable to Western based academics Gives insider knowledge, including first-hand experience teaching law, and close involvement with judges, attorneys, and law professors in China Analyses legal issues from historical and cultural perspectives holistically
Download or read book Traditional Chinese Penal Law written by Geoffrey MacCormack and published by Law in East Asia Series. This book was released on 2013 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is about the penal codes of imperial China, in particular those enacted by the T'ang, Sung, Ming abd Ch'ing dynasties"--Page ix.
Download or read book Law and Society in Traditional China written by Tongzu Qu and published by . This book was released on 1961 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally written in Chinese but then expanded and translated by its author during the 1950s, Qu's painstaking 'Law and Society in Traditional China' is a tightly organized exposition of the laws governing the foci of traditional Chinese social structure. The book portrays the legal system of traditional China and shows the law not only in its abstractions but also in dozens of actual cases and their dispositions.
Download or read book The Ethical Roots of Traditional Chinese Law written by Frederick Hiesoon Chang and published by . This book was released on 1982 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
