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Conspiracy Of "legal" And "social"

Posted on:2008-11-04Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2206360215473173Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
Referring to Max Weber's Religion of China, this dissertation interpreted thetext of Law and Society in Traditional China, by Tung-tsu Ch'u.Seen from the historical angle of view, the basic feature of traditional law inChina is legal Confucianization, which in itself presented historically an extensiveand profound procedure, but the legal tradition in China deposited consequently isalso deep-rooted. Seen from the social angle of view;the social order in ancientChina is formed and maintained in the grasp of Confucian ethics. Its characteristicsmay be generalized as familism and tradition emphasizing status difference (viz."class society" alleged by Yung-tsu Ch'u), both of which are correlate closely withthe spiritual quafity of legal tradition in China. Examining Chinese traditional lawand its society from legal angle of view, we can find that Chinese legal culture wasformed under influence of social and historical movement, in which the law itselfperformed an important role and constructed distinctive legal life style and legalcultural mindset.Through above mentioned three dimensions, this dissertation as aninterpretation of the text of Law and Society in Traditional China attempts todisclose and penetrate social and man's destiny and provide enlightenment for thespiritual turn of Chinese society and its law.
Keywords/Search Tags:Tung-tsu Ch'u, Confucian ethics, family, class, society and its law
PDF Full Text Request
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