Traditional Chinese Law and Its Contribution to Understanding the Contemporary Chinese Lawintroduction
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Traditional Chinese law and its contribution to understanding the contemporary Chinese lawIntroduction
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In order to develop a proper understanding on to what level the ancient or traditional law is significant to understanding and comprehending contemporary Chinese law, it is imperative to acknowledge the cultural, political, social and historical facets of the Chinese legal tradition. Chinese present legal system reveals a number of influences including the Chinese culture and deeply rooted philosophies of classical China such as Confucianism and legalism. Nonetheless, one concept that has attained a great level consensus is the idea of Confucianism that has contributed largely to the development and understanding of the modern China law. For instance, some historians and legal analyst explains that the advancement of traditional Chinese legal system is defined by the confucianization of law, while some argues that China has Confucian foundation legal account[1]. In fact, this concept played a significant role in developing the ancient Chinese legal system, the legal success of Tang and numerous dynasties that later contributed highly to the development of the contemporary laws. Furthermore, even though there is little explicit evidence linking China’s imperial and modern laws, the impacts of Confucian philosophy and ethos is readily obvious in the modified and transformed Chinese legal culture[2].
An Introduction to Confucianism
Confucius (Kong Fuzi) who lectured at an era of pronounced social disorder during the Seventh Century B.C., on the foundation of the traditional approaches and principles, particularly as prescribed by the ancient Zhou (Chou) rulers or as documented in their deeds (3.14), convention li, which implies numerous effects, but specifically, denial of the eternal and operative normativity of official and sanction. Confucius essentially champions social and political
Course:
Instructor:
Date of submission:
Traditional Chinese law and its contribution to understanding the contemporary Chinese lawIntroduction
| |
In order to develop a proper understanding on to what level the ancient or traditional law is significant to understanding and comprehending contemporary Chinese law, it is imperative to acknowledge the cultural, political, social and historical facets of the Chinese legal tradition. Chinese present legal system reveals a number of influences including the Chinese culture and deeply rooted philosophies of classical China such as Confucianism and legalism. Nonetheless, one concept that has attained a great level consensus is the idea of Confucianism that has contributed largely to the development and understanding of the modern China law. For instance, some historians and legal analyst explains that the advancement of traditional Chinese legal system is defined by the confucianization of law, while some argues that China has Confucian foundation legal account[1]. In fact, this concept played a significant role in developing the ancient Chinese legal system, the legal success of Tang and numerous dynasties that later contributed highly to the development of the contemporary laws. Furthermore, even though there is little explicit evidence linking China’s imperial and modern laws, the impacts of Confucian philosophy and ethos is readily obvious in the modified and transformed Chinese legal culture[2].
An Introduction to Confucianism
Confucius (Kong Fuzi) who lectured at an era of pronounced social disorder during the Seventh Century B.C., on the foundation of the traditional approaches and principles, particularly as prescribed by the ancient Zhou (Chou) rulers or as documented in their deeds (3.14), convention li, which implies numerous effects, but specifically, denial of the eternal and operative normativity of official and sanction. Confucius essentially champions social and political
Bibliography: Bellows, T. J. (2003). The Republic of China Legislative Yuan: a study of institutional evolution. Baltimore, Md.: School of Law, University of Maryland. Black, E. A., & Bell, G. F. (2011). Law and legal institutions of Asia: traditions, adaptations and innovations. Cambridge: Cambridge University Press. Chai, M., & Chai, W. (2007). China A to Z: everything you need to know to understand Chinese customs and culture. New York: Plume. Dikötter, F. (2002). Crime, punishment, and the prison in modern China. New York: Columbia University Press. Ebrey, P. B. (2010). The Cambridge illustrated history of China (2nd ed.). Cambridge: Cambridge University Press. Goh, B. C. (2002). Law without lawyers, justice without courts: on traditional Chinese mediation. Aldershot, Hampshire, England: Ashgate. Hoobler, T., & Hoobler, D. (1993). Confucianism. New York: Facts on File. Jia, M. (2011). Legal aid and the rule of law in the People 's Republic of China. Baltimore, Md.: University of Maryland School of Law. Kidane, W. (2012). China-Africa dispute settlement: the law, economics and culture of arbitration. Alphen aan den Rijn, The Netherlands: Kluwer Law International ;. Kissinger, H., & Kissinger, H. (2011). On China. New York: Penguin Press. Krieger, S., & Trauzettel, R. (1991). Confucianism and the modernization of China. Mainz: V. Hase & Koehler Verlag. Kuhn, D. (2009). The age of Confucian rule: the Song transformation of China. Cambridge, Mass.: Belknap Press of Harvard University Press. Liu, Y. (1998). Origins of Chinese law: penal and administrative law in its early development. Hong Kong: Oxford University Press. Peerenboom, R. P. (2002). China 's long march toward rule of law. Cambridge, UK: Cambridge University Press. Poon, K. (2008). The political future of Hong Kong: democracy within communist China. London: Routledge. Pierre L. & Roderick M., 2003. Comparative Legal Studies: Traditions and Transitions, CambridgeUniversity Press Spence, J Tay, A. E., Mach, G., & Ziegert, K. A. (2004). Law and legal culture in comparative perspective. Stuttgart [Germany: Franz Steiner Verlag. Weber, M. (1951). The religion of China: Confucianism and Taoism. Glencoe, Ill.: Free Press Woo, M [2] Kuhn, D. (2009). The age of Confucian rule: the Song transformation of China. Cambridge, Mass.: Belknap Press of Harvard University Press. [3] Weber, M. (1951). The religion of China: Confucianism and Taoism. Glencoe, Ill.: Free Press [4] Tay, A [5] Little, S., & Eichman, S. (2000). Taoism and the arts of China. Chicago: Art Institute of Chicago Slavicek, L. C. (2002). Confucianism. San Diego, Calif.: Lucent Books. [6] Tay, A. E., Mach, G., & Ziegert, K. A. (2004). Law and legal culture in comparative perspective. Stuttgart [Germany: Franz Steiner Verlag. [7] Peerenboom, R. P. (2002). China 's long march toward rule of law. Cambridge, UK: Cambridge University Press. [8] Spence, J. D. (1990). The search for modern China. New York: Norton. [9] Kissinger, H., & Kissinger, H. (2011). On China. New York: Penguin Press. [10] Goh, B. C. (2002). Law without lawyers, justice without courts: on traditional Chinese mediation. Aldershot, Hampshire, England: Ashgate. [11] Ebrey, P. B. (2010). The Cambridge illustrated history of China (2nd ed.). Cambridge: Cambridge University Press. [12] Jia, M. (2011). Legal aid and the rule of law in the People 's Republic of China. Baltimore, Md.: University of Maryland School of Law. [13] Goh, B. C. (2002). Law without lawyers, justice without courts: on traditional Chinese mediation. Aldershot, Hampshire, England: Ashgate. [14] Poon, K. (2008). The political future of Hong Kong: democracy within communist China. London: Routledge. [15] Bellows, T. J. (2003). The Republic of China Legislative Yuan: a study of institutional evolution.Baltimore, Md.: School of Law, University of Maryland.