The Spirit Of Chinese Law
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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.
The Spirit Of Chinese Law
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Author : James H. Loo
language : en
Publisher:
Release Date : 19??
The Spirit Of Chinese Law written by James H. Loo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 19?? with Confucianism categories.
The Spirit Of Laws
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Author : Charles de Secondat baron de Montesquieu
language : en
Publisher:
Release Date : 1773
The Spirit Of Laws written by Charles de Secondat baron de Montesquieu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1773 with Jurisprudence categories.
A Study Of Legal Tradition Of China From A Culture Perspective
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Author : Zhiping Liang
language : en
Publisher: Springer Nature
Release Date : 2023-03-10
A Study Of Legal Tradition Of China From A Culture Perspective written by Zhiping Liang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-10 with Law categories.
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 The Laws
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Author : Charles de Secondat baron de Montesquieu
language : en
Publisher:
Release Date : 1999
The Spirit Of The Laws written by Charles de Secondat baron de Montesquieu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with categories.
The Tradition And Modern Transition Of Chinese Law
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Author : Jinfan Zhang
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-02-20
The Tradition And Modern Transition Of Chinese Law written by Jinfan Zhang and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-20 with Law categories.
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.
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.
Heaven Has Eyes
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Author : Xiaoqun Xu
language : en
Publisher: Oxford University Press
Release Date : 2020-08-03
Heaven Has Eyes written by Xiaoqun Xu 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 2020-08-03 with History categories.
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.
Chinese Law Research Guide
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Author : ZUZANNA KOPANIA
language : en
Publisher: Wydawnictwo Naukowe ArchaeGraph
Release Date : 2020-09-01
Chinese Law Research Guide written by ZUZANNA KOPANIA and has been published by Wydawnictwo Naukowe ArchaeGraph this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-01 with Antiques & Collectibles categories.
A journey of a thousand miles begins with a single step. This Research Guide will be the first step in your journey with Chinese law. China grows more important every day from a global perspective. However, studying and conducting research on Chinese law can be extremely challenging, especially if you do not know Mandarin well. This book is intended as a compact but comprehensive research guide that would provide students (especially those who are preparing coursework or dissertations about Chinese law), researchers and legal practitioners with the necessary knowledge about how to conduct effective Chinese legal research.
Essays On China S Legal Tradition
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Author : Jerome Alan Cohen
language : en
Publisher: Princeton University Press
Release Date : 2017-03-14
Essays On China S Legal Tradition written by Jerome Alan Cohen and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-14 with Law categories.
In this volume of essays a group of scholars from Europe, Japan, the Republic of China, and the United States examines China's legal tradition to determine its importance for the study of both pre-modern China and of contemporary affairs. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.