"Confucianism and Chinese Law, Past and Present"
ฝัง
- เผยแพร่เมื่อ 18 เม.ย. 2020
- Speaker: Professor Norman Ho
Date: 7 September 2018
Seminar Series: Greater China Legal History
Organized by: CUHK LAW
The general resurgence of Confucianism in Chinese society today has also been accompanied by growing calls for heightening the relevance of traditional Chinese legal culture in Chinese jurisprudence. This talk examines traditional Confucian views on law and approaches to jurisprudence, starting with a discussion of the legal thought of Confucius and Mencius (the two most important thinkers in the Confucian tradition). It then looks at Confucianism’s influence on case adjudication in the Han dynasty (206 BC - 220 AD) and Confucianism’s influence on the Tang Code in the Tang dynasty (618 - 907), which is regarded by many legal historians as the period where the process of “Confucianization of law” reached its highest point. The talk concludes with a discussion of Confucianism’s influence and impact on Chinese legal thought and Chinese law in the 20th and 21st centuries. Ultimately, Prof. Ho hopes to show that there is very strong continuity in Chinese legal thought from antiquity up to the present day, which highlights the resilience of Confucianism in Chinese law.
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I´m a lawyer from Colombia, who has spent around 3 years in China studying the language and culture. I have become very interested in traditional Chinese culture lately via the following conceptualization:
When the Ottomans took over Constantinople in 1453, many Byzantine monks fled to Italy. They carried some of the classic texts that would later be read and arguably allow the Rennaisance to occur. I dare dare say, however, that if one had told somebody in the 13th century "Hey let´s read a bunch of Greek and Roman phillosophy" they would have probably said... "Nah, it´s ok, we already have some Aristotle and St.Thomas and these guys of the scholastic tradition, so don´t bother. Besides, those guys were not even Christians, a bunch of heretics and etc." And if you pushed it too far you might have got yourself invited to a barbecue being yourself the main dish...
Anyway, what I want to say with this example is that reading the ancients is by no means an act of sensless mysticism, lost time, or obstination, there is true wisdom in the thought of the ancients and just like the Greeks and Romans left us great amounts of work to build civilization on, I am certain this is the same case with the Chinese. And also the Arabs, allong other ancient Civilizations.
So, I praise the speaker for his wonderful presentation, and hope that conversations like this will flourish all over the world, nurturing our thought processes and surely bringing about better lives for this big family of ours. Infact, I plan to return to China to pursue further postgraduate studies in order to produce more of this deep and specialized intercultural dialogue.
Well said. If only the rest of the West were in the mood to listen. But they wouldn't. Because in their mind China is commie, or the Cultural Revolution has already destroyed traditional culture in China. But the Chinese are in no hurry to convert anybody. Theirs is not a messianic culture.
I agree with your sentiment but not so much your history. The Renaissance is a creature of Islam rather more than Byzantium. Have a look at Rapheal's School of Athens and on the left you will see a bearded figure wearing a turban and a shimmering green tunic. He is slightly stopped reading over the shoulder of Pythagoras. Ask yourself why is he there? He was a lawyer by the way amongst many other things. 🙂 I have good reason, from agonizing personal experience, to think of the Anglo-American legal system an abject and toxic failure in urgent need of root and branch reform. I think we, in the Anglo-sphere, need to look to other traditions the Chinese and Sharia are two sources but I think an understanding of indigenous approaches crowded out by colonialism may also offer lessons. As for the Chinese I much prefer Lao Tzu's view: good words are not beautiful, beautiful words are not good. How's that for prescience with respect to the depredations of modern day lawyers?
Fascinating presentation, thank you!
I think Confucius had a broader meaning of the translated word "ritual" in mind. In Chinese, it already has connotations of having good manners, upholding ones moral nature. However when translated to English, the word "ritual" loses a significant part of its meaning. Perhaps it can be further explained that that if the commonly used word ritual is an act that is constantly practised, then by "Ritual" as meant by Confucius, he meant that one should constantly strive to act in a moral way, so that it becomes a way of life. In that way we better ourselves. This idea of self-improvement is central to his thought.
So much is lost in translation
Truly, by ritual I automatically this in candles, a statue of some god or spirit etc
@@norrinjonzz8237indeed, the meaning of a word or expression in one language can not meaningfully be translated into another language. Words or expressions are often tied to culture,
Why is China growing so fast? Because today China is a completely westernized nation like Japan, Korea and more.
1. China is now the biggest Communist country. And Communist ethics and values are based on Western ethics and values.
2. China is now is the second largest Christian nation.
3. China is now the biggest Christian Missionaries nation. ( th-cam.com/video/7-WA64ecsgM/w-d-xo.html )
This issues is so complicated in human aspect of living
Respected
Proper education must be implemented educated the community with regards to this matter according to resolve confusion of a human right and behavior as well
This is the fucking best thing I've ever seen or read on the topic as a British American who has a master's in Chinese Anthropology. Sorry for cursing, but it is that good.
How this affect to the present and connected by the past experience as will
That no one to be harm from with in
How war connected to the topic that you where discuss for
Family hierarchy is given the only thing we need to improve is our way of thinking that cause chaos action against human
How to minimize this kind of issues
How come
Right
And how to improve from with in
How to minimize the case's like killing
Open communication must be practice for good
How and why
That is why people must be behave of what choice of living they want to be.
Is this a chaos action against family
For the benefit the right of individual
Everyone have a right to decide for the good of everyone most specially in human races
I've come to the conclusion that Confucianism indirectly contributed to the palace intrigues that confounded several later dynasties. The problem appears to be the palace eunuchs. My understanding is that they were essentially volunteers, under the assumption that - without the ability to start families they would be selfless administrators, yet clearly this was not the case. Scheming eunuchs have been at the heart of corrupt intrigues, the An-Lushan rebellion comes to mind, as an example - dooming the Tang dynasty.
The very fact that the highest positions in the palace required a man to be a eunuch ensured they would embody the ruthless ambition they were supposed to eschew. If a man would go through that... for power in the palace... yikes.
The problem of scheming eunuchs could have been 'neutered' if a selection of older, responsible women could have been trained as palace administrators, less likely to have the same degree of ambition, and no threat to the Emperor's harem. But this was apparently unthinkable, because classical Confucianism would relegate these women to home life exclusively.
In most cases, the eunuchs were not volunteers but rather prisoners of war, or a member of minority tribes subjugated by the empire.
Fear of law is matter
Is he “alright”?
I have a friend just recently in Hong Kong airport there is this lady with a lot baggage pregnant and while my friend was walking to the final entrance this lady approach my friend and ask her if she can help her to carry some baggage because she had to many stuff and pregnant my friend with the best intención help her and there where some illegal substances in that bag my friend is now detained and they are asking for money you know so before they process the case let her go out by the back door if you know what I mean if there something you Can advice me thank you
Not good parent should be the good ruler and a model of his her children as well
How to controlled this case to avoid multiple murdere
How to resolve the value of confusion in the present time to be valuable to anyone and to resolve conflict in a real future and multiple damages in human being most specially in way of living as well if this possible
Chinese language very often uses proverbs and expressions which can not be translated meaningfully because they are linked to Chinese culture
How this affect in human behavior
Human right must be implemented for good
How judicial law affect human integrity
This topic focussed in family culture isn't it
How law affect this human nature
Must be
All that is matter
If you allowed
Is this matter to anyone's
1
Where is the justice for the kids in a real future as well
Violation not good
One of Confuscius teachings...if a fathervsteals a goat from his neighbour...should his son report his father to the authority? Shockingly the teaching value filial piety over integrity. So shouldnt this example of his teaching totally wipe out Confuscius fm law?
Theirs nothing wrong for the past and present in making the law for good
^^ we love Chinese Taiwan ;)
Obscure not applicable for the human being
Society structure is based on sounds. The Bible is God's book of sound.
Chris Cornell dies in Detroit, where cars stopped being produced.
Chinese language reads bottom to top. This creates ritual toward the CCP.
English is a language from top to bottom. Each nations capital is connected via English, so nations can trade.