Huang-Lao thought, a unique and sophisticated political philosophy which combines elements of Daoism and Legalism, dominated the intellectual life of late Warring States and Early Han China, providing the ideological foundation for post-Qin reforms. In the absence of extant texts, however, scholars of classical Chinese philosophy remained in the dark about this important school for over 2000 years. Finally, in 1973, archaeologists unearthed four ancient silk scrolls: the Silk Manuscripts of Huang-Lao. This work is the first detailed, book-length treatment in English of these lost treasures.
By the end of the eighth century A.D., imperial China had established a system of administrative and penal law, the main institutions of which lasted until the collapse of the Ch'ing dynasty in 1911. The Spirit of Traditional Chinese Law studies the views held throughout the centuries by the educated elite on the role of law in government, the relationship between law and morality, and the purpose of punishment. Geoffrey MacCormack's introduction offers a brief history of legal development in China, describes the principal contributions to the law of the Confucian and Legalist schools, and identifies several other attributes that might be said to constitute the "spirit" of the law. Subsequent chapters consider these attributes, which include conservatism, symbolism, the value attached to human life, the technical construction of the codes, the rationality of the legal process, and the purposes of punishment. A study of the "spirit" of the law in imperial China is particularly appropriate, says MacCormack, for a number of laws in the penal codes on family relationships, property ownership, and commercial transactions were probably never meant to be enforced. Rather, such laws were more symbolic and expressed an ideal toward which people should strive. In many cases even the laws that were enforced, such as those directed at the suppression of theft or killing, were also regarded as an emphatic expression of the right way to behave. Throughout his study, MacCormack distinguishes between "official," or penal and administrative, law, which emanated from the emperor to his officials, and "unofficial," or customary, law, which developed in certain localities or among associations of merchants and traders. In addition, MacCormack pays particular attention to the law's emphasis on the hierarchical ordering of relationships between individuals such as ruler and minister, ruler and subject, parent and child, and husband and wife. He also seeks to explain why, over nearly thirteen centuries, there was little change in the main moral and legal prescriptions, despite enormous social and economic changes.
This book offers a new narrative and interpretative framework about the origins of moral-political philosophy that tracks how the three core normative values, humaneness, justice, and personal freedom, were formulated, reformulated, and contested by early Chinese philosophers in their effort to negotiate the relationship among three distinct domains, the personal, the familial, and the political. Such efforts took place as those thinkers were reimagining a new moral-political order, debating its guiding norms, and exploring possible sources within the context of an evolving understanding of He
In the Xi Jinping era, it has become clear that the rule of law, as understood in the West, will not appear in China soon. But was this ever a likely option? This book argues China's legal system needs to be studied from an internal perspective, to take into account the characteristic architecture of China's Party-state. To do so, it addresses two key elements: ideology and organisation. Part One of the book discusses ideology and the law, exploring how the Chinese Communist Party conceives of the nature of law and its position within its broader range of policy tools. Part Two, on organisation and the law, reviews how these ideological principles manifest themselves in the application of law, as well as the reform of the Party-state. As such, it highlights how the Party's plans and approaches run counter to mainstream theoretical expectations, and advocates a greater attention to the inherent logic of the system itself.
This volume shows the influence of the Sage's teachings over the course of Chinese history--on state ideology, the civil service examination system, imperial government, the family, and social relations--and the fate of Confucianism in China in the nineteenth and twentieth centuries, as China developed alongside a modernizing West and Japan. Some Chinese intellectuals attempted to reform the Confucian tradition to address new needs; others argued for jettisoning it altogether in favor of Western ideas and technology; still others condemned it angrily, arguing that Confucius and his legacy were responsible for China's feudal, ''backward'' conditions in the twentieth century and launching campaigns to eradicate its influences. Yet Chinese continue to turn to the teachings of Confucianism for guidance in their daily lives.
This study examines the intersection of human resource development and human resource management with ethical business cultures in developing economies, and addresses issues faced daily by practitioners in these countries. It is ideal for scholars, researchers and students in business ethics, management, human resource management and development, and organization studies.
Confucian Ethics of the Axial Age describes the formative period of Chinese culture--the last centuries of the Zhou dynasty--as an early epoch of enlightenment. It comprehensively reconstructs the ethical discourse as thought gradually became emancipated from tradition and institutions. Rather than presenting a chronology of different thinkers and works, this book discusses the systematic aspects of moral philosophies. Based on original texts, Roetz focuses on filial piety; the conflict between the family and the state; the legitimating of the political order; the virtues of loyalty, friendship, and harmony; concepts of justice; the principle of humaneness and its different readings; the Golden Rule; the moral person; the autonomous self, motivation, decision and conscience; and various attempts to ground morality in religion, human nature, or reason. These topics are arranged in such a way that the genetic structure and the logical development of the moral reasoning becomes apparent. From this detached perspective, conventional morality is either rejected or critically reestablished under the restraint of new abstract and universal norms. This makes the Chinese developments part of the ancient worldwide movement of enlightenment of the axial age.
This first book-length study in English explores the long neglected ancient Chinese treatise: the Pheasant Cap Master or He guan zi (3rd century B.C.).
Offering a provocative glimpse into a world dominated by traditional rules of etiquette and inhabited by demons, dragon-gods, and spirits, this volume presents a wealth of information illuminating the ideas and beliefs that governed the daily lives of Chinese people long before the revolutions of the 20th century. Engrossing and informative, the book will appeal not only to lovers of folklore but to everyone interested in Chinese art, culture or philosophy. 32 b&w illustrations.
