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China's Legalists: The Early Totalitarians

Author: Zhengyuan Fu

Publisher: Routledge

Published: 2016-09-16

Total Pages: 151

ISBN-13: 1315285231

This text discusses the Chinese Legalists, an ancient school of Chinese philosophy which flourished during the Period of the Hundred Contending Schools (6th-3rd century B.C.E.) The school perfected the science of government and art of statecraft to a level that would have greatly impressed Machiavelli. This period and its personalities, as well as a taste of the style and spirit of the Legalists' discourse, are made accessible to the student and general reader, placing into focus the roots of the great Chinese philosophy-as-statecraft tradition. The Legalists - most famously Li Kui, Shang Yang, Shen Buhai, Shen Dao, and Han Fei - had a great impact not only on the institutions and practices of Chinese imperial tradition but also on the Maoist totalitarianism of the People's Republic of China.

The Confucian-legalist State

Author: Dingxin Zhao

Publisher: Oxford Studies in Early Empire

Published: 2015

Total Pages: 473

ISBN-13: 0199351732

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"The Confucian-Legalist State proposes a new theory of social change and, in doing so, analyzes the patterns of Chinese history, such as the rise and persistence of a unified empire, the continuous domination of Confucianism, and China's impossibility to develop industrial capitalism without being compelled by Western imperialism"--

An Introduction to Chinese Philosophy

Author: Karyn L. Lai

Publisher: Cambridge University Press

Published: 2008-07-31

Total Pages: 328

ISBN-13: 9780521846462

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This comprehensive introductory textbook to early Chinese philosophy covers a range of philosophical traditions which arose during the Spring and Autumn (722-476 BCE) and Warring States (475-221 BCE) periods in China, including Confucianism, Mohism, Daoism, and Legalism. It considers concepts, themes and argumentative methods of early Chinese philosophy and follows the development of some ideas in subsequent periods, including the introduction of Buddhism into China. The book examines key issues and debates in early Chinese philosophy, cross-influences between its traditions and interpretations by scholars up to the present day. The discussion draws upon both primary texts and secondary sources, and there are suggestions for further reading. This will be an invaluable guide for all who are interested in the foundations of Chinese philosophy and its richness and continuing relevance.

An Introduction to Hanfei's Political Philosophy

Author: Henrique Schneider

Publisher: Cambridge Scholars Publishing

Published: 2018-11-27

Total Pages: 166

ISBN-13: 1527522342

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This is the first book to make the philosophy of Hanfei available at an introductory level. This fascinating thinker not only directly influenced the first Chinese Empire, but also embodied the strongest alternative to Confucianism in Chinese thought. Even today, his thinking influences China. It introduces key concepts and arguments in Hanfei’s legalist philosophy. It also contextualizes this thinking within Chinese history and in a comparative approach. The book will appeal to a wide audience interested in Chinese political philosophy, as well as to historians, social and political scientists.

Philosophers of the Warring States: A Sourcebook in Chinese Philosophy

Author:

Publisher: Broadview Press

Published: 2018-11-30

Total Pages: 399

ISBN-13: 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.

In Search of the Way

Author: Chang Wejen Chang

Publisher: Edinburgh University Press

Published: 2016-06-15

Total Pages: 920

ISBN-13: 1474412971

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Wejen Chang brings a fresh perspective to the most prominent Chinese classical philosophers - Confucius, Laozi, Mozi, Zhuangzi, Mencius, Xunzi, Lord Shang and Han Fei. These thinkers founded or influenced the Confucian, Daoist, Mohist and Legalist schools of thought, and their ideas continue to guide China's thinking and behaviour today. He shows how these thinkers addressed the key question of how philosophical thinking can serve humanity and society. Chang systematically presents their different solutions and evaluates them according to reason and experience, helping you to understand the philosophical roots of law and Chinese law in particular.

China's Legal Soul

Author: John Warren Head

Publisher:

Published: 2009

Total Pages: 268

ISBN-13:

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This new look at Chinese law and society reflects the "triple anniversary" that 2009 will mark for Chinese law reform. In 1979, the People's Republic of China embarked on a dramatic new phase of legal transformation; thirty years before that, in 1949, Mao announced the creation of the PRC itself, another moment of legal reorientation; and thirty years before that, in 1919, the May Fourth Movement also had legal reform at its core, as thousands of protesters in Beijing erupted at the refusal Western powers to acknowledge that China's legal system was no longer inadequate and uncivilized. This claim--that China's legal system is inadequate and uncivilized in--remains in play today, particularly in respect of how China approaches the rule of law and human rights. Professor Head's new book (following his earlier work, Law Codes in Dynastic China) examines these issues by focusing on modern China's "legal soul"--by which he means the set of fundamental and animating legal principles or values that give a society its unique spirit and character. His lively and insightful comparison of contemporary Chinese law with dynastic Chinese law--readily accessible by (and written for) non-specialists--addresses these central questions: (1) what sort of a "rule of law" does today's Chinese legal system hope to achieve against its ages-old Legalist-Confucianist background; and (2) is there any modern correlative to the Imperial Confucianism that gave dynastic China its "legal soul," or is today's China "soul-less," as some would claim? In addressing these questions, Head insists on looking beyond easy assumptions and assertions found in much Western legal literature about China and its law; instead, he relies heavily on leading contemporary legal scholars at Chinese universities and their views on politics, constitutionalism, and rule of law in China. "Readers will be impressed by the wide variety of sources cited in China's Legal Soul's footnotes and by the book's detailed tables. ...[I]t is appropriate for nonlawyers with an interest in legal philosophy or Chinese history and is recommended for university and law school libraries." -- Law Library Journal

Autocratic Tradition and Chinese Politics

Author: Zhengyuan Fu

Publisher: Cambridge University Press

Published: 1993

Total Pages: 416

ISBN-13: 9780521442282

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This book examines the Chinese political tradition over the past two thousand years and argues that the enduring and most important feature of this tradition is autocracy. The author interprets the communist takeover of 1949 not as a revolution but as a continuation of the imperial tradition. The book shows how Mao Zedong revitalised this autocratic tradition along five lines: the use of ideology for political control; concentration of power in the hands of a few; state power over all aspects of life; law as a tool wielded by the ruler, who is himself above the law; and the subjection of the individual to the state. Using a statist approach, the book argues that in China political action of the state has been the single most important factor in determining socio-economic change.

Chinese Legal Culture and Constitutional Order

Author: Shiping Hua

Publisher: Routledge

Published: 2019-03-27

Total Pages: 174

ISBN-13: 0429515537

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This book examines China’s striving for a constitutional order in the 20th century from comparative, historical, and theoretical perspectives. Through a comprehensive study of six major constitutional reforms experienced by China in the last century, Shiping Hua explores pragmatism, instrumentalism, statism, and favoritism as the key features of the Chinese legal culture. Demonstrating that these characteristics have roots in China’s ancient past and coincide with modern communist legal theory, it argues that Chinese legal culture has greatly impacted upon the country’s move to modernize its legal system. By analyzing key constitutional periods in China’s history, this book also evaluates patterns that can be used to better comprehend not only China’s present legal reform but its future legal developments too. As the first book to examine how the Chinese legal culture has affected constitutional reform in the 20th century, Chinese Legal Culture and Constitutional Order will be useful to students and scholars of Asian and constitutional law, as well as Chinese Studies more generally. Winner of the 2019 ACPSS (Association of Chinese Professors of Social Sciences in the United States) Best Scholarly Publication Award for Original Research.

Chinese Lawmaking: From Non-communicative to Communicative

Author: Peng He

Publisher: Springer Science & Business Media

Published: 2013-09-30

Total Pages: 196

ISBN-13: 3642395074

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Dr Peng He in her book addresses various issues, drawing on Western and Chinese sources for her argument for a ‘communicative’ theory of law making. This book is both timely and important in the Chinese context. Her argument depends upon the insight that what is important in societies is not just representative democracy but ‘voice’ - the opportunity for individuals to be heard and bring their input into official systems. More than that, she argues that this can also take further the idea of living by the rules as something that is not to be seen as narrow Legalism but as something more akin to living ‘righteously’ – a view which is resonant with parts of Chinese legal thought. This book is also important in the present Chinese context in another way. The developing economy necessitates substantial legal reform. But applying Western models to China can often be naïve and not fully fulfil their intended purpose. Peng He’s work addresses this by looking at the process of legislation in connection with legal reform. It is grounded in a sound theoretical reflection of both the process of legal transplantation and the process of law making, and looks both at Western and Chinese sources. Such an approach needs to draw from several intellectual traditions and it is this interdisciplinary, foundational research that is the task Dr He has set herself in her project. Her theory will provide an abstract theoretical framework that is sensitive to local conditions, while at the same time incorporating insights on law reform from a broad range of disciplines. Her research is of direct practical relevance for reforming the legislative process in China. ——Professor Zenon Bańkowski The University of Edinburgh