The Idea of Law in Classical Chinese Legalist Jurisprudence
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Eric C Ip
Being one of the most eminent schools of jurisprudence in Eastern Philosophy, Classical Chinese Legalism has a lot to offer to the understanding of the underlying forces which shaped East Asian legal systems even to the present day. I will comprehensively reconstruct the Legalist idea of law in three dimensions, (1) law and society, (2) law and politics, and (3) law and morality. I will refute the overtly negative and simplistic conventional readings that suggest that Legalism is merely a Legal Positivist blueprint of authoritarian statecraft. The long–neglected connections between Legalism and the cosmic order have grounded law on a particular political morality. Despite being plagued by some difficulties, the Legalists' contributions to social theory, anthropology, and procedural values are significant, even to researchers in a global era.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Artikel in diesem Heft
- Topics Article
- Arbitration Clause as Unfair Contract Term from the Perspective of Czech and EC Law
- The Idea of Law in Classical Chinese Legalist Jurisprudence
- Overcoming the Mere Heuristic Aspirations of (Functional) Comparative Legal Research? An Exploration into the Possibilities and Limits of Behavioral Economics
- Is "Proof Beyond a Reasonable Doubt" a Self-Evident Concept? Considering the U.S. and the Italian Legal Cultures towards the Understanding of the Standard of Persuasion in Criminal Cases
- Advances Article
- Hedge Funds' Empty Voting in Mergers and Acquisitions: A Fiduciary Duties Perspective
- Frontiers Article
- Dances of Justice: Tango and Rumba in Comparative Criminal Procedure
Artikel in diesem Heft
- Topics Article
- Arbitration Clause as Unfair Contract Term from the Perspective of Czech and EC Law
- The Idea of Law in Classical Chinese Legalist Jurisprudence
- Overcoming the Mere Heuristic Aspirations of (Functional) Comparative Legal Research? An Exploration into the Possibilities and Limits of Behavioral Economics
- Is "Proof Beyond a Reasonable Doubt" a Self-Evident Concept? Considering the U.S. and the Italian Legal Cultures towards the Understanding of the Standard of Persuasion in Criminal Cases
- Advances Article
- Hedge Funds' Empty Voting in Mergers and Acquisitions: A Fiduciary Duties Perspective
- Frontiers Article
- Dances of Justice: Tango and Rumba in Comparative Criminal Procedure
