Analyses the influence of eight classic Chinese thinkers on the development of Chinese law: Confucius, Laozi, Mozi, Zhuangzi, Mencius, Xunzi, Shang Yang and Han Fei. These thinkers helped found the Confucian, Daoist, Mohist and Legalist schools of thought, and their ideas continue to guide China's thinking and behaviour.
An outline of the Chinese law from the perspective of Europe and Hong-Kong
Author: Jacques H. Herbots
Publisher: Die Keure Publishing
A complete and well-documented review of contract law in China. This in-depth introduction to the law of contracts of Mainland China was written for Western lawyers who have contacts with the People’s Republic of China, for scholars and students of comparative law or of Sinology. As stated above the book is merely an introduction, not a technical legal treatise for specialised private lawyers. It is therefore useful for businessmen too. Without using stale language, this work also places the law of contractual obligations in an historical and socio-political context. It sketches, besides the general theory of contractual obligations and the provisions on the several specific contracts, the Chinese case law on international sales contracts, as well as the law on the dispute resolution. It can be said that with regard to the private law the book opens a window on the continental Chinese legal culture, as Zweigert and Kötz would call it. An essential handbook for all lawyers who wish to be fully involved in international relationships ABOUT THE AUTHOR Jacques H. Herbots devoted his PhD thesis to African law. Thereafter, for many years he taught contracts, obligations and comparative law at the renowned university of Louvain. Besides his main tasks as a professor, he kept feeling the pulse of the living law as a deputy judge, as an assessor in the Belgian Council of State and as a member of the High Council for the Judiciary. He is currently still arbitrator in the Belgian Centre for Arbitration and Mediation, and he was appointed to the panel of the CIETAC in Beijing. Ever since a visit to the People’s Republic in 1974, one may safely say he has been fascinated by the Empire of the Middle.
Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
In Right, Power, and Faquanism, Tong Zhiwei proposes that right and power are ultimately a unified entity named faquan, and that the purpose of law should be to establish a balanced faquan structure and to promote its preservation and proliferation.
Featuring contributions from the world's most highly esteemed Asian philosophy scholars, this important new encyclopedia covers the complex and increasingly influential field of Chinese thought, from earliest recorded times to the present day. Including coverage on the subject previously unavailable to English speakers, the Encyclopedia sheds light on the extensive range of concepts, movements, philosophical works, and thinkers that populate the field. It includes a thorough survey of the history of Chinese philosophy; entries on all major thinkers from Confucius to Mou Zongsan; essential topics such as aesthetics, moral philosophy, philosophy of government, and philosophy of literature; surveys of Confucianism in all historical periods (Zhou, Han, Tang, and onward) and in key regions outside China; schools of thought such as Mohism, Legalism, and Chinese Buddhism; trends in contemporary Chinese philosophy, and more.
A Reconstruction under the Aspect of the Breakthrough Toward Postconventional Thinking
Author: Heiner Roetz
Publisher: SUNY Press
Confucian Ethics of the Axial Age describes the formative period of Chinese culture--the last centuries of the Zhou dynasty--as an early epoch of enlightenment. It comprehensively reconstructs the ethical discourse as thought gradually became emancipated from tradition and institutions. Rather than presenting a chronology of different thinkers and works, this book discusses the systematic aspects of moral philosophies. Based on original texts, Roetz focuses on filial piety; the conflict between the family and the state; the legitimating of the political order; the virtues of loyalty, friendship, and harmony; concepts of justice; the principle of humaneness and its different readings; the Golden Rule; the moral person; the autonomous self, motivation, decision and conscience; and various attempts to ground morality in religion, human nature, or reason. These topics are arranged in such a way that the genetic structure and the logical development of the moral reasoning becomes apparent. From this detached perspective, conventional morality is either rejected or critically reestablished under the restraint of new abstract and universal norms. This makes the Chinese developments part of the ancient worldwide movement of enlightenment of the axial age.
Provides timely and useful information about antagonism and reconciliation in all contexts of public and personal life. An essential reference for students and scholars working in the field of peace and conflict resolution studies, and for those seeking to explore alternatives to violence and share visions and strategies for social justice and social change.