Nobody downloaded yet

Traditional Chinese Law - Essay Example

Comments (0) Cite this document
Name of the student: Course: Instructor: Traditional Chinese law and its contribution to understanding the contemporary Chinese law Introduction In order to develop a proper understanding on to what level the ancient or traditional law is significant to understanding and comprehending contemporary Chinese law, it is imperative to acknowledge the cultural, political, social and historical facets of the Chinese legal tradition…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.2% of users find it useful
Traditional Chinese Law
Read TextPreview

Extract of sample "Traditional Chinese Law"

Download file to see previous pages For instance, some historians and legal analyst explains that the advancement of traditional Chinese legal system is defined by the confucianization of law, while some argues that China has Confucian foundation legal account1. In fact, this concept played a significant role in developing the ancient Chinese legal system, the legal success of Tang and numerous dynasties that later contributed highly to the development of the contemporary laws. Furthermore, even though there is little explicit evidence linking China’s imperial and modern laws, the impacts of Confucian philosophy and ethos is readily obvious in the modified and transformed Chinese legal culture2. An Introduction to Confucianism Confucius (Kong Fuzi) who lectured at an era of pronounced social disorder during the Seventh Century B.C., on the foundation of the traditional approaches and principles, particularly as prescribed by the ancient Zhou (Chou) rulers or as documented in their deeds (3.14), convention li, which implies numerous effects, but specifically, denial of the eternal and operative normativity of official and sanction. Confucius essentially champions social and political order via a procedure of persuasion and instance, which can be got from the concept of Confucian Viewpoint that defines the human treatment of the emperor. For example, when it postulates that the moral strength of a gentleman is likened to wind, while that of a common man is compared to grass. According to Confucius, human nature is kind, therefore, he prefers personal-cultivation and education as the way by which people should be directed. In essence, he underpins that people should be guided by virtue is emphasized for benefits, values and compromise so as to prevent any kind of friction and form a perfect universe of peace and harmony in which the proper coexistence of human and nature can be noted. Confucius’ approaches towards law can be easily be got from Analects as can be supported by the phrase when he says “ I could adjudge lawsuits just like any other person. However, I would love to make lawsuits needless”. This is because, the people ought to be motivated positively by li, conduct themselves in a correct way as punishment is nothing but a source of making people shameless. Confucius similarly encourages the human relationship between the leader and the subjects and also between families. On the contrary, the legalists maintains that human beings can coexist in a society harmoniously only when the offenses are handle by prompt punishments and underpins state powers and control instead of championing morality3. The law which at times is called (fa), as their entity is discouragement, enforces severe penalty for failure to adhere with the responsibilities levied by the government and the moral concerns are rigorously exempted in the conduct of the state. Confucianism and legalism had co-occurred, with uneven effect and conflicts in the entire China history. After being implemented as a national ideology, the Confucians, on one side recognized the superiority of li to fa, which subsequently, as a result of being Confucianized, played a subservient role to li4. The spirit and at times the real necessities of the Confucian li were integrated into ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Traditional Chinese Law Essay Example | Topics and Well Written Essays - 3000 words”, n.d.)
Traditional Chinese Law Essay Example | Topics and Well Written Essays - 3000 words. Retrieved from
(Traditional Chinese Law Essay Example | Topics and Well Written Essays - 3000 Words)
Traditional Chinese Law Essay Example | Topics and Well Written Essays - 3000 Words.
“Traditional Chinese Law Essay Example | Topics and Well Written Essays - 3000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Traditional Chinese Law

Traditional Chinese Society

...Traditional Chinese society Chinese governments were distinctive according to the way they kept an eye on the livesof the ordinary Chinese. This is evidenced by the three policies, which included the transmission, transfiguration, and transaction. The way these policies differed as well as their underlying goals are evaluated by various people such as Ling Hon Lam, Hongyu Huang and Lawrence Yin. However, in traditional Chinese society women are found being oppressed in various ways due to the fact that, they were seen to be the source of problems to their husbands. Mencius and Confucius are the major characters supporting the lowering of...
9 Pages(2250 words)Essay

Contemporary Chinese Law in Context

...). Traditional Chinese Laws were practiced in China even during the latter half of twentieth century. The traditional laws were highly influenced by philosophical and political doctrines propagated by Confucius. Thus, the traditional Chinese laws, government regulations and penal code had Philosophical influence (The Spirit of Traditional Chinese Law n.d., p. 2-3). This paper deals with some of the Chinese laws which were revised and those which have kept pace with the changes brought about by economic globalisation. While some of the existing laws were amended like the Competition law, social law, Property laws, some new laws like Food and Beverages Law, Antimonopoly Law, etc were introduced. This paper reviews some of those laws... ...
12 Pages(3000 words)Essay

Chinese Traditional Literature

...World Literature   25 September Chinese Traditional Literature Introduction Confucianism philosophy can be traced back in the classical Chinese times of the last centuries of Zhou dynasty. It is believed to have originated with the teachings of Confucian to his followers that later came to influence the social and political life of China, and its neighboring countries. It is credited for transforming the ancient Chinese culture, but did also evolve with the changing Chinese dynasties and their social-political demands. The evolution has extensively altered the characteristics of the doctrine and facilitated different interpretations. Over time, certain...
7 Pages(1750 words)Research Paper

Traditional Chinese Medicine Article Critique

...Research Critique The article chosen for critique is called the “Treatment of patients with chronic headaches in a hospital for traditional Chinese medicine in Germany -A randomised, waiting list controlled trial” and is a joint effort by a few German and Swiss writers.1The Critique will adjoin to a TCM practitioner’s perspective (Traditional Chinese Medicine (TCM).2 At the outset it is worth beginning the article critique to begin with a very wise (and humorous) quote from the genius Lewis Carroll in his very famous work “Alice in the Wonderland” to illustrate the difficulty faced by authors of large pieces of work in keeping their work in context and relevant while at...
7 Pages(1750 words)Book Report/Review

Chinese traditional value

...Chinese traditional value Historical scholars have pointed out Chinese traditional values impact on the sociallife of China. Chinese culture has a long history of feudal society that developed within the hearts of the common people as being indicated by most articles. The modernization in china has been of huge significant to socio-cultural changes in that nation. For instance, attitudes such as modesty and self-restraint have so far been changed due to the introduction of new policies. According Lu (10), China or in any other country, the recognition of cultural value is the main consideration in deciding the acceptable and unacceptable behavior in all...
4 Pages(1000 words)Essay

Traditional Chinese Women and Modern Chinese Women

...Traditional Chinese Women and Modern Chinese Women Traditionally, obedience to men was one of the three principles that needed tobe observed in the traditional Chinese society by the women (Legge, 57). Going to school for women in the traditional Chinese society was historically unheard of, since the most obedient women were illiterate. The freedom of women was highly restricted in the traditional Chinese society, such that women would remain bound by their feet in order to remain confined within the home compound. Social interaction for women was also curtailed, such that women did not...
5 Pages(1250 words)Research Paper

Traditional Chinese Literature

.... The schools were segmented into Confucianism, Mohism, Taoism, Logicians, Legalism, and School of Yin-Yang. Each of these schools had distinct philosophies and ideas it propagated in accordance with Chinese culture and traditional nuances. Legalism, for instance, concerned itself with law it followed doctrines started by Li Kui. Confucianism focussed on exploring an ideal socio-political order borrowed from the Zhou dynasty that was later embraced by Ch’ing/Qing dynasty (Mair 178). There was also analysis of human nature through investigate its diametric desires and conduct during interaction with nature. On the other hand, Mohism dealt with human cognition with the assistance of...
9 Pages(2250 words)Research Paper

History and Development of Traditional Chinese Medicine

...ZHANG CONG ZHENG Introduction The Chinese traditional medicine is considered to be fundamentally based on the Huangdi Neijing. Throughout the of it evolutionary development, this was the single, most enduring variable that underpin medical treatment and method. Today, this is still the same in Chinese medicine. However, there are critical periods in the chronology of its history - with the emergence of specific sages - that helped to steer such development to the point that we know of today. The Song dynasty, the Jin and Yuan dynasties as well as the Ming and Qing dynasties were just examples of these pivotal periods. With respect to the sages, Zhang Cong Zheng is one of the most notable....
12 Pages(3000 words)Essay

Traditional Chinese Story

...economic status at the end of the story. That she repaid their kindness by giving them an heir since she knew that Ku could not afford her as a wife. Ku as the loser in the end, surely, he does not the girl of his dreams and dies a premature death (Ma & Lau 81). The strange girl may have thought that maybe her mission of avenging her father’s death was more important than settling down with poor Ku. She may have thought that he would have deterred her from her main focus and therefore decided to be the one making all the important decisions on her own proving that Ku was indeed poor on all aspects to decide whether they get married or whether their child gets to be raised by both parents or just one parent and a grandparent as it so...
3 Pages(750 words)Book Report/Review

Traditional Chinese Culture

...Topic Traditional Chinese Culture Introduction The Chinese culture influences its national identity and philosophies. The present-day Chinese traditional culture is a mixture of old world traditions and a westernized lifestyle. Diversity and inclusivity are aspects that promote harmony among the various Chinese ethnic groups. The significant elements to consider pertaining to the Chinese traditional culture entail architectural designs, language, ethnicity, Religion and national heritage. Cultural preservation and observation enhances coordination and interaction with other neighboring...
4 Pages(1000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Traditional Chinese Law for FREE!

Contact Us