As an important part of cultural and ideological progress construction,the improvement of Chinese modern legal system has become a keynote in the process of constructing the harmonious society in China.In the course o...As an important part of cultural and ideological progress construction,the improvement of Chinese modern legal system has become a keynote in the process of constructing the harmonious society in China.In the course of the development of Chinese legal system,transplanting from western legal culture is becoming a trend.Therefore,it is necessary to study the difference between Chinese and western legal culture and its influencing elements so as to provide a cultural basis for this transplant.As for cultural factor,Confucianism is the dominated thoughts in traditional Chinese history and Christianity occupies the same place in western culture,accordingly,their influence on the difference between Chinese and western legal culture is great.This paper discusses the difference of the obligation orientation and right-based principle between Chinese and western legal culture influenced by Confucianism and Christianity aiming at provide some important inspirations for the transplant of western legal culture in improving Chinese modern legal system.展开更多
The aim of this essay is to analyse the future of Confucianism in Western societies or,at least,through the exegesis of Western scholars.To realize this overview definitely means to verify how Confucian thought crosse...The aim of this essay is to analyse the future of Confucianism in Western societies or,at least,through the exegesis of Western scholars.To realize this overview definitely means to verify how Confucian thought crossed many contemporary and later theories,especially in juridical fields as the theory of private law and the public comparative law.That system of customary rules and pragmatic ethics did not fail to face the modernity by enlarging its views in the context of much more complex societies:So,a typical phenomenon of Eastern civilities,to the point that it is generally considered the most peculiar inheritance of both Chinese spirituality and administrative political science,became an interesting and suggestive test bench for different starting points.If it is correct to say that this is not a proper nowadays stance(remembering the praise of Leibniz and Voltaire,for instance),it is even more likely that Confucianism will catch the attention of a larger academic audience also in the nearest future and not only narrowing its rise to the enormous economic growth of the Chinese influence and ruling role in the world,directly getting a level of strength not far from the American governance.Unsurprisingly,the first defined approaches to a Western Confucianism,mixing elements from its absolutely unique written or traditional sources and aspects taken from the comparison with other cultures,are still coming from United States’universities,in the scientific field of sinology and,step by step,comparative law’s scholars and legal theorists.This fascinating development that opens up Confucian ethics to a bigger spectre of teachings and belongings is happening while Confucian rituals,temples,and precepts are reaching in modern days China an always more cohesive and aggregating religious phenomenology.The West looks for ideas,while the East is trying to find stability around a metaphysical substructure of common values to prevent conflicts and to keep societies safe.展开更多
Mohism was established in the Warring State period for two centuries and half.It is the third biggest schools following Confucianism and Daoism.Mozi(468 B.C.-376 B.C.)was the first major intellectual rivalry to Confuc...Mohism was established in the Warring State period for two centuries and half.It is the third biggest schools following Confucianism and Daoism.Mozi(468 B.C.-376 B.C.)was the first major intellectual rivalry to Confucianism and he was taken as the second biggest philosophy in his times.However,Mohism is seldom studied during more than 2,000 years from Han dynasty to the middle Qing dynasty due to his opposition claims to the dominant Confucian ideology.In this article,the author tries to illustrate the three potential functions of Mohism:First,the critical/revision function of dominant Confucianism ethics which has DNA functions of Chinese culture even in current China;second,the interconnections with the universal values of the world;third,the biological constructive function for global sustainability.Mohist had the fame of one of two well-known philosophers of his times,Confucian and Mohist.His ideas had a decisive influence upon the early Chinese thinkers while his visions of meritocracy and the public good helps shape the political philosophies and policy decisions till Qin and Han(202 B.C.-220 C.E.)dynasties.Sun Yet-sen(1902)adopted Mohist concepts“to take the world as one community”(tian xia wei gong)as the rationale of his democratic theory and he highly appraised Mohist concepts of equity and“impartial love”(jian ai).Liang Qichao and Lu Xun appreciated Mohism.And early Chinese Communist Party leaders,such as Chen Duxiu,Li Dazhao,Zhang Tailei,and Mao Zedong had highly complimented Mohism,including the dialectic materialism.To some extent,Mohism had big impact on the theories of Chinese Communist Party.展开更多
文摘As an important part of cultural and ideological progress construction,the improvement of Chinese modern legal system has become a keynote in the process of constructing the harmonious society in China.In the course of the development of Chinese legal system,transplanting from western legal culture is becoming a trend.Therefore,it is necessary to study the difference between Chinese and western legal culture and its influencing elements so as to provide a cultural basis for this transplant.As for cultural factor,Confucianism is the dominated thoughts in traditional Chinese history and Christianity occupies the same place in western culture,accordingly,their influence on the difference between Chinese and western legal culture is great.This paper discusses the difference of the obligation orientation and right-based principle between Chinese and western legal culture influenced by Confucianism and Christianity aiming at provide some important inspirations for the transplant of western legal culture in improving Chinese modern legal system.
文摘The aim of this essay is to analyse the future of Confucianism in Western societies or,at least,through the exegesis of Western scholars.To realize this overview definitely means to verify how Confucian thought crossed many contemporary and later theories,especially in juridical fields as the theory of private law and the public comparative law.That system of customary rules and pragmatic ethics did not fail to face the modernity by enlarging its views in the context of much more complex societies:So,a typical phenomenon of Eastern civilities,to the point that it is generally considered the most peculiar inheritance of both Chinese spirituality and administrative political science,became an interesting and suggestive test bench for different starting points.If it is correct to say that this is not a proper nowadays stance(remembering the praise of Leibniz and Voltaire,for instance),it is even more likely that Confucianism will catch the attention of a larger academic audience also in the nearest future and not only narrowing its rise to the enormous economic growth of the Chinese influence and ruling role in the world,directly getting a level of strength not far from the American governance.Unsurprisingly,the first defined approaches to a Western Confucianism,mixing elements from its absolutely unique written or traditional sources and aspects taken from the comparison with other cultures,are still coming from United States’universities,in the scientific field of sinology and,step by step,comparative law’s scholars and legal theorists.This fascinating development that opens up Confucian ethics to a bigger spectre of teachings and belongings is happening while Confucian rituals,temples,and precepts are reaching in modern days China an always more cohesive and aggregating religious phenomenology.The West looks for ideas,while the East is trying to find stability around a metaphysical substructure of common values to prevent conflicts and to keep societies safe.
文摘Mohism was established in the Warring State period for two centuries and half.It is the third biggest schools following Confucianism and Daoism.Mozi(468 B.C.-376 B.C.)was the first major intellectual rivalry to Confucianism and he was taken as the second biggest philosophy in his times.However,Mohism is seldom studied during more than 2,000 years from Han dynasty to the middle Qing dynasty due to his opposition claims to the dominant Confucian ideology.In this article,the author tries to illustrate the three potential functions of Mohism:First,the critical/revision function of dominant Confucianism ethics which has DNA functions of Chinese culture even in current China;second,the interconnections with the universal values of the world;third,the biological constructive function for global sustainability.Mohist had the fame of one of two well-known philosophers of his times,Confucian and Mohist.His ideas had a decisive influence upon the early Chinese thinkers while his visions of meritocracy and the public good helps shape the political philosophies and policy decisions till Qin and Han(202 B.C.-220 C.E.)dynasties.Sun Yet-sen(1902)adopted Mohist concepts“to take the world as one community”(tian xia wei gong)as the rationale of his democratic theory and he highly appraised Mohist concepts of equity and“impartial love”(jian ai).Liang Qichao and Lu Xun appreciated Mohism.And early Chinese Communist Party leaders,such as Chen Duxiu,Li Dazhao,Zhang Tailei,and Mao Zedong had highly complimented Mohism,including the dialectic materialism.To some extent,Mohism had big impact on the theories of Chinese Communist Party.
