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The History of the Contractual Thoughts in Ancient China

The History of the Contractual Thoughts in Ancient China
Author: Yunsheng Liu
Publisher: Springer Nature
Total Pages: 238
Release: 2020-07-01
Genre: Law
ISBN: 9811557683

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This book explores the intellectual history of contract law in ancient China by employing archaeological and empirical methodologies. Divided into five chapters, it begins by reviewing the origin of the contract in ancient China, and analyzing its name, primary form, historical premise and functions. The second chapter discusses free will and lawfulness in the establishment of a contract, offering insights into the impact of contracts on social justice. In turn, the third chapter addresses the inner core of the contract: validity and liability. This allows readers at all levels to identify the similarities and differences between contracts from different eras and different parts of the world, which will also benefit those pursuing comparative research in related fields. Chapters four and five offer a philosophical exploration of contract history in ancient China, and analyze key aspects including human nature and ethical justice.


Chinese Contract Law

Chinese Contract Law
Author: Larry A. DiMatteo
Publisher: Cambridge University Press
Total Pages: 545
Release: 2017-10-26
Genre: Law
ISBN: 1107176328

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A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.


Contract and Property in Early Modern China

Contract and Property in Early Modern China
Author: Madeleine Zelin
Publisher: Stanford University Press
Total Pages: 408
Release: 2004-02-18
Genre: Law
ISBN: 0804766940

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Providing a new perspective on economic and legal institutions, particularly on contract and property, in Qing and Republican history, this volume provides case studies to explicate how these institutions worked, while situating them firmly in their broader social context.


Chinese Contract Law - Theory & Practice, Second Edition

Chinese Contract Law - Theory & Practice, Second Edition
Author: Mo Zhang
Publisher: BRILL
Total Pages: 495
Release: 2019-12-16
Genre: Law
ISBN: 9004414789

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Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.


Law and Morality in Ancient China

Law and Morality in Ancient China
Author: Randall P. Peerenboom
Publisher: SUNY Press
Total Pages: 408
Release: 1993-01-01
Genre: Philosophy
ISBN: 9780791412374

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Huang-Lao thought, a unique and sophisticated political philosophy which combines elements of Daoism and Legalism, dominated the intellectual life of late Warring States and Early Han China, providing the ideological foundation for post-Qin reforms. In the absence of extant texts, however, scholars of classical Chinese philosophy remained in the dark about this important school for over 2000 years. Finally, in 1973, archaeologists unearthed four ancient silk scrolls: the Silk Manuscripts of Huang-Lao. This work is the first detailed, book-length treatment in English of these lost treasures.


Origins of Moral-political Philosophy in Early China

Origins of Moral-political Philosophy in Early China
Author: Tao Jiang
Publisher: Oxford University Press
Total Pages: 537
Release: 2021
Genre: Philosophy
ISBN: 0197603475

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This book offers a new narrative and interpretative framework about the origins of moral-political philosophy that tracks how the three core normative values, humaneness, justice, and personal freedom, were formulated, reformulated, and contested by early Chinese philosophers in their effort to negotiate the relationship among three distinct domains, the personal, the familial, and the political. Such efforts took place as those thinkers were reimagining a new moral-political order, debating its guiding norms, and exploring possible sources within the context of an evolving understanding of He


Negotiating Daily Life in Traditional China

Negotiating Daily Life in Traditional China
Author: Valerie Hansen
Publisher:
Total Pages: 285
Release: 1995
Genre: History
ISBN: 9780300060638

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This intriguing book explores how ordinary people in traditional China used contracts to facilitate the transactions of their daily lives, as they bought, sold, rented, or borrowed land, livestock, people, or money. In the process it illuminates specific everyday concerns during China's medieval transformation. Valerie Hansen translates and analyzes surviving contracts and also draws on tales of the supernatural, rare legal sources, plays, language texts, and other anecdotal evidence to describe how contracts were actually used. She explains that the educated wrote their own contracts, whereas the illiterate paid scribes to draft them and read them aloud. The contracts reveal much about everyday life: problems with inflation that resulted from the introduction of the first paper money in the world; the persistence of women's rights to own and sell land at a time when their lives were becoming more constricted; and the litigiousness of families, which were complicated products of remarriages, adoptions, and divorces. The Chinese even armed their dead with contracts asserting ownership of their grave plots, and Hansen provides details of an underworld court system in which the dead could sue and be sued. Illustrations and maps enrich a book that will be fascinating for anyone interested in Chinese life and society.


War and State Formation in Ancient China and Early Modern Europe

War and State Formation in Ancient China and Early Modern Europe
Author: Victoria Tin-bor Hui
Publisher: Cambridge University Press
Total Pages: 310
Release: 2005-07-04
Genre: Political Science
ISBN: 9780521525763

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There is a common belief that the system of sovereign territorial states and the roots of liberal democracy are unique to European civilization and alien to non-Western cultures. The view has generated popular cynicism about democracy promotion in general and China's prospect for democratization in particular. This book demonstrates that China in the Spring and Autumn and Warring States periods (656-221 BC) consisted of a system of sovereign territorial states similar to Europe in the early modern period. It examines why China and Europe shared similar processes but experienced opposite outcomes.


The Oxford Handbook of Early China

The Oxford Handbook of Early China
Author: Elizabeth Childs-Johnson
Publisher: Oxford University Press
Total Pages: 768
Release: 2020-10-23
Genre: History
ISBN: 0199328374

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The Oxford Handbook on Early China brings 30 scholars together to cover early China from the Neolithic through Warring States periods (ca 5000-500BCE). The study is chronological and incorporates a multidisciplinary approach, covering topics from archaeology, anthropology, art history, architecture, music, and metallurgy, to literature, religion, paleography, cosmology, religion, prehistory, and history.


A Confucian Constitutional Order

A Confucian Constitutional Order
Author: Jiang Qing
Publisher: Princeton University Press
Total Pages: 267
Release: 2012-10-28
Genre: Political Science
ISBN: 1400844843

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What a Confucian constitutional government might look like in China's political future As China continues to transform itself, many assume that the nation will eventually move beyond communism and adopt a Western-style democracy. But could China develop a unique form of government based on its own distinct traditions? Jiang Qing—China's most original, provocative, and controversial Confucian political thinker—says yes. In this book, he sets out a vision for a Confucian constitutional order that offers a compelling alternative to both the status quo in China and to a Western-style liberal democracy. A Confucian Constitutional Order is the most detailed and systematic work on Confucian constitutionalism to date. Jiang argues against the democratic view that the consent of the people is the main source of political legitimacy. Instead, he presents a comprehensive way to achieve humane authority based on three sources of political legitimacy, and he derives and defends a proposal for a tricameral legislature that would best represent the Confucian political ideal. He also puts forward proposals for an institution that would curb the power of parliamentarians and for a symbolic monarch who would embody the historical and transgenerational identity of the state. In the latter section of the book, four leading liberal and socialist Chinese critics—Joseph Chan, Chenyang Li, Wang Shaoguang, and Bai Tongdong—critically evaluate Jiang's theories and Jiang gives detailed responses to their views. A Confucian Constitutional Order provides a new standard for evaluating political progress in China and enriches the dialogue of possibilities available to this rapidly evolving nation. This book will fascinate students and scholars of Chinese politics, and is essential reading for anyone concerned about China's political future.