Law and Morality in Ancient China

Law and Morality in Ancient China
Title Law and Morality in Ancient China PDF eBook
Author Randall P. Peerenboom
Publisher SUNY Press
Pages 408
Release 1993-01-01
Genre Philosophy
ISBN 9780791412374

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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

The Spirit of Traditional Chinese Law
Title The Spirit of Traditional Chinese Law PDF eBook
Author Geoffrey MacCormack
Publisher University of Georgia Press
Pages 292
Release 1996
Genre Law
ISBN 9780820317229

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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.

Origins of Moral-political Philosophy in Early China

Origins of Moral-political Philosophy in Early China
Title Origins of Moral-political Philosophy in Early China PDF eBook
Author Tao Jiang
Publisher Oxford University Press
Pages 537
Release 2021
Genre Philosophy
ISBN 0197603475

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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

Law and the Party in China

Law and the Party in China
Title Law and the Party in China PDF eBook
Author Rogier J. E. H. Creemers
Publisher Cambridge University Press
Pages 285
Release 2022-07-28
Genre Law
ISBN 9781108818919

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In the Xi Jinping era, it has become clear that the rule of law, as understood in the West, will not appear in China soon. But was this ever a likely option? This book argues China's legal system needs to be studied from an internal perspective, to take into account the characteristic architecture of China's Party-state. To do so, it addresses two key elements: ideology and organisation. Part One of the book discusses ideology and the law, exploring how the Chinese Communist Party conceives of the nature of law and its position within its broader range of policy tools. Part Two, on organisation and the law, reviews how these ideological principles manifest themselves in the application of law, as well as the reform of the Party-state. As such, it highlights how the Party's plans and approaches run counter to mainstream theoretical expectations, and advocates a greater attention to the inherent logic of the system itself.

Traditional Chinese Penal Law

Traditional Chinese Penal Law
Title Traditional Chinese Penal Law PDF eBook
Author Geoffrey MacCormack
Publisher Law in East Asia Series
Pages 319
Release 2013
Genre Contracts
ISBN 9780854900930

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"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.

Confucianism

Confucianism
Title Confucianism PDF eBook
Author Daniel K. Gardner
Publisher Oxford University Press, USA
Pages 153
Release 2014
Genre Religion
ISBN 0195398912

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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.

Philosophers of the Warring States: A Sourcebook in Chinese Philosophy

Philosophers of the Warring States: A Sourcebook in Chinese Philosophy
Title Philosophers of the Warring States: A Sourcebook in Chinese Philosophy PDF eBook
Author
Publisher Broadview Press
Pages 450
Release 2018-11-30
Genre Philosophy
ISBN 1460405641

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Philosophers of the Warring States is an anthology of new translations of essential readings from the classic texts of early Chinese philosophy, informed by the latest scholarship. It includes the Analects of Confucius, Meng Zi (Mencius), Xun Zi, Mo Zi, Lao Zi (Dao De Jing), Zhuang Zi, and Han Fei Zi, as well as short chapters on the Da Xue and the Zhong Yong. Pedagogically organized, this book offers philosophically sophisticated annotations and commentaries as well as an extensive glossary explaining key philosophical concepts in detail. The translations aim to be true to the originals yet accessible, with the goal of opening up these rich and subtle philosophical texts to modern readers without prior training in Chinese thought.