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Article: The idea of law in classical Chinese legalist jurisprudence

TitleThe idea of law in classical Chinese legalist jurisprudence
Authors
KeywordsChina
Issue Date2009
Citation
Global Jurist, 2009, v. 9, n. 4 How to Cite?
AbstractBeing 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. Copyright © 2009 The Berkeley Electronic Press. All rights reserved.
Persistent Identifierhttp://hdl.handle.net/10722/228093

 

DC FieldValueLanguage
dc.contributor.authorIp, Eric C.-
dc.date.accessioned2016-08-01T06:45:10Z-
dc.date.available2016-08-01T06:45:10Z-
dc.date.issued2009-
dc.identifier.citationGlobal Jurist, 2009, v. 9, n. 4-
dc.identifier.urihttp://hdl.handle.net/10722/228093-
dc.description.abstractBeing 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. Copyright © 2009 The Berkeley Electronic Press. All rights reserved.-
dc.languageeng-
dc.relation.ispartofGlobal Jurist-
dc.subjectChina-
dc.titleThe idea of law in classical Chinese legalist jurisprudence-
dc.typeArticle-
dc.description.natureLink_to_subscribed_fulltext-
dc.identifier.scopuseid_2-s2.0-73649142754-
dc.identifier.volume9-
dc.identifier.issue4-
dc.identifier.spagenull-
dc.identifier.epagenull-
dc.identifier.eissn1934-2640-

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