A Study of Legal Tradition of China from a Culture Perspective

Searching for Harmony in the Natural Order
2023
ISBN: 978-981-19-4509-0
Verlag: Springer

Buch, Englisch, 329 Seiten, Format (B × H): 160 mm x 241 mm, Gewicht: 705 g

Professor Zhiping Liang offers a new understanding of Chinese legal tradition in this profoundly influential book. Unlike the available literature using the usual method of legal history research, this book attempts to illustrate ancient Chinese legal tradition through cultural interpretation. The author holds that both the concept and practice of law are meaningful cultural symbols. The law reveals not only the life pattern in a specific time and space but also the world of the mind of a specific group of people. Therefore, just as cultures have different types, laws embedded in different societies and cultures also have different characters and spirits.

Believing that human experience is often condensed into concepts, categories, and classifications, the author begins his discussion with the analysis of relevant terms and then seeks to understand history by interpreting the interaction and interconnectedness of the words, ideas, and practices. Based on the same understanding, the author uses modern concepts reflectively and critically, consciously exploiting the differences between ancient and contemporary Chinese and Western concepts to achieve a more realistic understanding of history while avoiding the ethnocentrism and modern-centrism common in historical studies.

Zielgruppe

Research

Autoren/Hrsg.

Liang, Zhiping

Weitere Mitwirkende

Li, Jingrong

Pan, Junwu

Xue, Jie

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung
• Geisteswissenschaften Geschichtswissenschaft Weltgeschichte & Geschichte einzelner Länder und Gebietsräume Geschichte einzelner Länder Asiatische Geschichte
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsgeschichte, Recht der Antike

Inhaltsverzeichnis

Family and Country.- Punishment and Law.- The Method of Controlling Disorder.- "Fajing" and the Law of the Twelve Tables.- Personal.- Class.- The Distinction of Morality and Interests.- No-lawsuit.- The Ethical and Legal Culture.- Li and Law: the Legalization of Moral.- Li and Law: the Moralization of Law.- Natural Law.- The Turning Point: the Past and the Future.

Über Autor(innen)

Zhiping Liang, an eminent Chinese scholar of legal history, sociological jurisprudence, and comparative law, is currently a professor at the Institute for Advanced Study in Humanities and Social Sciences & a professor at the School of Law, Zhejiang University. He received an LLB degree from Southwest University of Political Science and Law in 1982 and an LLM degree from the School of Law, the Renmin University of China, in 1985. He has visited many universities globally, including Columbia University, Harvard University, EHESS, Paris, the Institute for Advanced Study at Princeton, and the Chinese University of Hong Kong. Professor Liang’s writings on law and culture have influenced generations of Chinese students and young scholars. As a prolific writer, he has written and edited 20 books and numerous articles, including Explicating Law, Searching for the Natural Order---Studies of Chinese Legal Tradition from a Cultural Perspective,A Cultural Interpretationof Law, Customary Law in the Qing, On the Rule of Law and Rule of Virtue and Governing: Ideas of Achieving Good Governance in Ancient China.