The Spirit Of Traditional 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 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.
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.
Origins Of Chinese Law
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Author : Yongping Liu
language : en
Publisher:
Release Date : 1998
Origins Of Chinese Law written by Yongping Liu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
"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
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.
Cultural Values In Traditional Chinese Law
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Author : Geoffrey Mac Cormack
language : en
Publisher:
Release Date : 1991*
Cultural Values In Traditional Chinese Law written by Geoffrey Mac Cormack and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991* with categories.
Law Without Lawyers Justice Without Courts
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Author : Bee Chen Goh
language : en
Publisher: Routledge
Release Date : 2016-12-05
Law Without Lawyers Justice Without Courts written by Bee Chen Goh and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Law categories.
The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People's Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.
Law And Society In Traditional China
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Author : Tongzu Qu
language : en
Publisher:
Release Date : 1965
Law And Society In Traditional China written by Tongzu Qu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1965 with China categories.
Traditional Chinese Penal Law
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Author : Geoffrey MacCormack
language : en
Publisher: Law in East Asia Series
Release Date : 2013
Traditional Chinese Penal Law written by Geoffrey MacCormack and has been published by Law in East Asia Series this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Contracts categories.
"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.