Law and Morality in Ancient China

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Release : 1993-01-01
Genre : Philosophy
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Book Rating : 374/5 ( reviews)

Law and Morality in Ancient China - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Law and Morality in Ancient China write by Randall P. Peerenboom. This book was released on 1993-01-01. Law and Morality in Ancient China available in PDF, EPUB and Kindle. 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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Release : 1996
Genre : Law
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Book Rating : 229/5 ( reviews)

The Spirit of Traditional Chinese Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Spirit of Traditional Chinese Law write by Geoffrey MacCormack. This book was released on 1996. The Spirit of Traditional Chinese Law available in PDF, EPUB and Kindle. 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.

Morality and Responsibility of Rulers

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Release : 2018-02-09
Genre : Law
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Book Rating : 015/5 ( reviews)

Morality and Responsibility of Rulers - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Morality and Responsibility of Rulers write by Anthony Carty. This book was released on 2018-02-09. Morality and Responsibility of Rulers available in PDF, EPUB and Kindle. 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.

The History of the Contractual Thoughts in Ancient China

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Release : 2020-07-01
Genre : Law
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Book Rating : 683/5 ( reviews)

The History of the Contractual Thoughts in Ancient China - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The History of the Contractual Thoughts in Ancient China write by Yunsheng Liu. This book was released on 2020-07-01. The History of the Contractual Thoughts in Ancient China available in PDF, EPUB and Kindle. This book explores the intellectual history of contract law in ancient China by employing archaeological and empirical methodologies. Divided into five chapters, it begins by reviewing the origin of the contract in ancient China, and analyzing its name, primary form, historical premise and functions. The second chapter discusses free will and lawfulness in the establishment of a contract, offering insights into the impact of contracts on social justice. In turn, the third chapter addresses the inner core of the contract: validity and liability. This allows readers at all levels to identify the similarities and differences between contracts from different eras and different parts of the world, which will also benefit those pursuing comparative research in related fields. Chapters four and five offer a philosophical exploration of contract history in ancient China, and analyze key aspects including human nature and ethical justice.

Origins of Moral-political Philosophy in Early China

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Release : 2021
Genre : Philosophy
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Book Rating : 475/5 ( reviews)

Origins of Moral-political Philosophy in Early China - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Origins of Moral-political Philosophy in Early China write by Tao Jiang. This book was released on 2021. Origins of Moral-political Philosophy in Early China available in PDF, EPUB and Kindle. 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