Download e-book for kindle: Chinese Law: Context and Transformation (Numen Book) (Numen by Jianfu Chen

By Jianfu Chen

ISBN-10: 9004165045

ISBN-13: 9789004165045

ISBN-10: 9004165053

ISBN-13: 9789004165052

This booklet examines the ancient and politico-economic context within which chinese language legislation has built and remodeled, concentrating on the underlying elements and justifications for adjustments. It makes an attempt to comic strip the most developments in criminal modernisation in China.

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It should be pointed out that Confucianism is not a gender neutral philosophy; thus the use of gender neutral words may in fact distort Confucian doctrines. I have used the past tense here and below in describing the main features of the traditional philosophies. I am however not suggesting that they are totally irrelevant in China today. See supra note 22. 24 Cited in Bodde & Morris, supra note 2, at 21-22. 25 10 1. Legal Culture, State Orthodoxy and the Modernisation of Law In Confucianism, a government based on virtue meant that the ruler was a sage who observed benevolence (ren) and social rightness (yi) as the basic roots of government; and that the ruler himself possessed all morality and set an example for his subjects.

The struggle for ideological supremacy must be understood within the framework of the Chinese concept of ‘Great Uniformity’ (dayitong). This was first associated MacCormack, supra note 2, at 4-5. 69 Yu Ronggen, supra note 27, at 63. 70 Qin is also known as ‘the state of tiger and wolf ’. Its unification of China was based on its military power and the brutal and ruthless ideology of Legalists. See Fung Yu-lan, supra note 2, at 191. 71 MacCormack, supra note 2, at 5. 72 73 T’ung-tsu Ch’ü, supra note 2, at 263.

111 These challenges and pressures both weakened the central government and at the same time made the Chinese even more aware of the serious defects of their societal structures. 112 More importantly for legal transplant, the Western 111 For detailed studies of political, economic and social conditions as well as reform movements in China in the late 19th and early 20th centuries, see John K. Fairbank, The Cambridge History of China, vol. 10, Late Ch’ing, 1800–1911, Part I (Cambridge: Cambridge University Press, 1978); John K.

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Chinese Law: Context and Transformation (Numen Book) (Numen Book Series) by Jianfu Chen

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