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- Publisher Website: 10.2202/1934-2640.1311
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Article: The idea of law in classical Chinese legalist jurisprudence
Title | The idea of law in classical Chinese legalist jurisprudence |
---|---|
Authors | |
Keywords | China Chinese Law Legalism Han Fei law and the cosmic order |
Issue Date | 2009 |
Publisher | Walter de Gruyter GmbH. The Journal's web site is located at https://www.degruyter.com/view/j/gj |
Citation | Global Jurist, 2009, v. 9, n. 4 How to Cite? |
Abstract | 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. Copyright © 2009 The Berkeley Electronic Press. All rights reserved. |
Persistent Identifier | http://hdl.handle.net/10722/228093 |
ISSN | 2023 SCImago Journal Rankings: 0.487 |
SSRN |
DC Field | Value | Language |
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dc.contributor.author | Ip, Eric C. | - |
dc.date.accessioned | 2016-08-01T06:45:10Z | - |
dc.date.available | 2016-08-01T06:45:10Z | - |
dc.date.issued | 2009 | - |
dc.identifier.citation | Global Jurist, 2009, v. 9, n. 4 | - |
dc.identifier.issn | 1934-2640 | - |
dc.identifier.uri | http://hdl.handle.net/10722/228093 | - |
dc.description.abstract | 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. Copyright © 2009 The Berkeley Electronic Press. All rights reserved. | - |
dc.language | eng | - |
dc.publisher | Walter de Gruyter GmbH. The Journal's web site is located at https://www.degruyter.com/view/j/gj | - |
dc.relation.ispartof | Global Jurist | - |
dc.subject | China | - |
dc.subject | Chinese Law | - |
dc.subject | Legalism | - |
dc.subject | Han Fei | - |
dc.subject | law and the cosmic order | - |
dc.title | The idea of law in classical Chinese legalist jurisprudence | - |
dc.type | Article | - |
dc.description.nature | link_to_subscribed_fulltext | - |
dc.identifier.doi | 10.2202/1934-2640.1311 | - |
dc.identifier.scopus | eid_2-s2.0-73649142754 | - |
dc.identifier.volume | 9 | - |
dc.identifier.issue | 4 | - |
dc.identifier.spage | null | - |
dc.identifier.epage | null | - |
dc.identifier.eissn | 1934-2640 | - |
dc.identifier.ssrn | 3471531 | - |
dc.identifier.hkulrp | 2019/068 | - |
dc.identifier.issnl | 1934-2640 | - |