Law And Morality In Ancient China

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Law And Morality In Ancient China

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Author : R. P. Peerenboom
language : en
Publisher: SUNY Press
Release Date : 1993-02-11

Law And Morality In Ancient China written by R. P. Peerenboom and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-02-11 with Philosophy categories.

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

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Author : Randall P. Peerenboom
language : en
Publisher:
Release Date : 1990

Law And Morality In Ancient China written by Randall P. Peerenboom and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Huang Lao bo shu categories.

Morality And Responsibility Of Rulers

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Author : Anthony Carty
language : en
Publisher: Oxford University Press
Release Date : 2018-02-09

Morality And Responsibility Of Rulers written by Anthony Carty and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-09 with Law categories.

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 Morality In Ancient China

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Author : Randall P. Peerenboom
language : en
Publisher: SUNY Press
Release Date : 1993-01-01

Law And Morality In Ancient China written by Randall P. Peerenboom and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-01-01 with Philosophy categories.

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.

The Spirit Of Traditional Chinese Law

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Author : Geoffrey MacCormack
language : en
Publisher: University of Georgia Press
Release Date : 1996

The Spirit Of Traditional Chinese Law written by Geoffrey MacCormack and has been published by University of Georgia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.

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.

Murder And Adultery In Late Imperial China

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Author : Meijer
language : en
Publisher: BRILL
Release Date : 2021-09-13

Murder And Adultery In Late Imperial China written by Meijer and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-13 with History categories.

In this publication the development is traced of two sections of the chapter on "Homicide" of the penal code of the Qing dynasty (1644-1912), Murder and Homicide of an Adulterer. The former deals with premeditated homicide where there is no difference in status, social or family relations between murderer and victim, while in the latter we find the husband who kills his wife and her paramour when caught in the act. In that case, the husband was immune from prosecution, provided that he commited the act at the time and at the site. The first section developed in a clear and intelligent way, with in general some logical provisions being added from the beginning till the end of the dynasty. The second section, however, was enriched by 34 additional articles through legislation and judicial practice, which with a view to promoting moral purity in society, gradually circumvented the original restrictions to the husband's fury. Consequently, by accentuating the husband's important status and for the sake of maintaining the established hierarchy in society, that section changed into a bad and cruel part of the law, turning the husband's behaviour from an excusable exception into morally justified conduct, and likewise the woman's misbehaviour into a mortal sin. This has all been confirmed by the motivation of the legislation and sentences of the cases.

Fundamental Legal Concepts Of China And The West

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Author : Hyung I. Kim
language : en
Publisher: Kennikat Press
Release Date : 1981

Fundamental Legal Concepts Of China And The West written by Hyung I. Kim and has been published by Kennikat Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Law categories.

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

Origins Of Moral Political Philosophy In Early China

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Author : Tao Jiang
language : en
Publisher: Oxford University Press
Release Date : 2021

Origins Of Moral Political Philosophy In Early China written by Tao Jiang and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Philosophy categories.

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

Human Law And The Laws Of Nature In China And The West

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Author : Joseph Needham
language : en
Publisher:
Release Date : 1951

Human Law And The Laws Of Nature In China And The West written by Joseph Needham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1951 with Law categories.

Xunzi And Early Chinese Naturalism

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Author : Janghee Lee
language : en
Publisher: SUNY Press
Release Date : 2005-01-01

Xunzi And Early Chinese Naturalism written by Janghee Lee and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Religion categories.

Explores Xunzi's thought in relation to the early Chinese philosophical context that relied on the natural world.