Modern Chinese Philosophy
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Jurisprudence--Philosophy Or Science Henry Rottschaefer
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1927 Jurisprudence--Philosophy or Science Henry Rottschaefer Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Rottschaefer, Henry, "Jurisprudence--Philosophy or Science" (1927). Minnesota Law Review. 1465. https://scholarship.law.umn.edu/mlr/1465 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. MINNESOTA LAW REVIEW Journal of the State Bar Association VOLUI%1E 11 MARCH, 1927 No. 4 JURISPRUDENCE- PHILOSOPHY OR SCIENCE By HENRY ROTTSCHAEFER* T WOULD perhaps be practically impossible to secure for any definition of the term Jurisprudence any very general accep- tance. It is doubtful whether there exists even any general agree- ment as to what subjects are within its scope. The problem of whether, and in what sense, it is to be considered philosophy or science, cannot, however, be discussed without adopting at least some tentative notion of its meaning that shall serve as the basis for the discussion. This can be more effectively done by a general description of the types of problem usually dealt with in treatises and courses on Jurisprudence than by framing a logically correct definition that secured accuracy and completeness by resort to a convenient vagueness. Investigation discloses its use to denote lines of inquiry having little in common other than a professed interest in general questions and problems concerning law and justice. -
The Web That Has No Weaver
THE WEB THAT HAS NO WEAVER Understanding Chinese Medicine “The Web That Has No Weaver opens the great door of understanding to the profoundness of Chinese medicine.” —People’s Daily, Beijing, China “The Web That Has No Weaver with its manifold merits … is a successful introduction to Chinese medicine. We recommend it to our colleagues in China.” —Chinese Journal of Integrated Traditional and Chinese Medicine, Beijing, China “Ted Kaptchuk’s book [has] something for practically everyone . Kaptchuk, himself an extraordinary combination of elements, is a thinker whose writing is more accessible than that of Joseph Needham or Manfred Porkert with no less scholarship. There is more here to think about, chew over, ponder or reflect upon than you are liable to find elsewhere. This may sound like a rave review: it is.” —Journal of Traditional Acupuncture “The Web That Has No Weaver is an encyclopedia of how to tell from the Eastern perspective ‘what is wrong.’” —Larry Dossey, author of Space, Time, and Medicine “Valuable as a compendium of traditional Chinese medical doctrine.” —Joseph Needham, author of Science and Civilization in China “The only approximation for authenticity is The Barefoot Doctor’s Manual, and this will take readers much further.” —The Kirkus Reviews “Kaptchuk has become a lyricist for the art of healing. And the more he tells us about traditional Chinese medicine, the more clearly we see the link between philosophy, art, and the physician’s craft.” —Houston Chronicle “Ted Kaptchuk’s book was inspirational in the development of my acupuncture practice and gave me a deep understanding of traditional Chinese medicine. -
What's Wrong with the Study of China/Countries
Asian Studies II (XVIII), 1 (2014), pp. 151–185 What’s Wrong with the Study of China/Countries Hans KUIJPER* Abstract In this paper 1 the thesis is submitted that there is something fundamentally amiss in Western Sinology (Zhōngguóxué, as distinct from Hànxué, which is a kind of old- fashioned philology): ‘China experts’ either pretend to be knowledgeable about everything related to China, in which case they cannot be taken seriously, or–– eventually––admit not to be scientific all-rounders with respect to the country, in which case they cannot be called ‘China experts’. The author expects no tenured professor of Chinese Studies/History to share this view. Having exposed the weakness, indeed the scandal of old-style Sinology, he also points out the way junior Sinologists should go. The fork in that road is two-pronged: translating or collaborating. Keywords: Sinology, area/country studies, complexity, scientific collaboration, e-research Izvleček V tem članku avtor predstavi tezo, da je nekaj bistveno narobe v zahodni sinologiji (Zhōngguóxué, za razliko od Hànxué, ki je nekakšna staromodna filologija): »Kitajski strokovnjaki« se bodisi pretvarjajo, da so dobro obveščeni o vsem v zvezi s Kitajsko, in v tem primeru jih ni mogoče jemati resno, ali pa na koncu priznajo, da niso vsestransko znanstveni o državi, in jih v tem primeru ne moremo imenovati »Kitajske strokovnjake«. Avtor pričakuje, da nihče od univerzitetnih profesorjev kitajskih študij ali kitajske zgodovine ne deli tega stališča z njim. Z izpostavljenostjo šibkosti, kar je škandal za sinologijo starega sloga, opozarja tudi na pot, po kateri naj bi šli mladi sinologi. Na tej poti sta dve smeri, in sicer prevajanje ali sodelovanje. -
The Discovery of Chinese Logic Modern Chinese Philosophy
The Discovery of Chinese Logic Modern Chinese Philosophy Edited by John Makeham, Australian National University VOLUME 1 The titles published in this series are listed at brill.nl/mcp. The Discovery of Chinese Logic By Joachim Kurtz LEIDEN • BOSTON 2011 This book is printed on acid-free paper. Library of Congress Cataloging-in-Publication Data Kurtz, Joachim. The discovery of Chinese logic / by Joachim Kurtz. p. cm. — (Modern Chinese philosophy, ISSN 1875-9386 ; v. 1) Includes bibliographical references and index. ISBN 978-90-04-17338-5 (hardback : alk. paper) 1. Logic—China—History. I. Title. II. Series. BC39.5.C47K87 2011 160.951—dc23 2011018902 ISSN 1875-9386 ISBN 978 90 04 17338 5 Copyright 2011 by Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Global Oriental, Hotei Publishing, IDC Publishers, Martinus Nijhoff Publishers and VSP. All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the publisher. Authorization to photocopy items for internal or personal use is granted by Koninklijke Brill NV provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers, MA 01923, USA. Fees are subject to change. CONTENTS List of Illustrations ...................................................................... vii List of Tables ............................................................................. -
Legal Orientalism
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Michigan School of Law Michigan Law Review Volume 101 Issue 1 2002 Legal Orientalism Teemu Ruskola American University Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Comparative and Foreign Law Commons, Jurisprudence Commons, Legal History Commons, and the Legal Writing and Research Commons Recommended Citation Teemu Ruskola, Legal Orientalism, 101 MICH. L. REV. 179 (2002). Available at: https://repository.law.umich.edu/mlr/vol101/iss1/4 This Article is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. LEGAL ORIENTALISM Teemu Rusko/a* [The] world-wide ... diffusion of [Western culture] has protected us as man had never been protected before from having to take seriously the civilizations of other peoples; it has given to our culture a massive univer- . sality that we have long ceased to account fo r historically, and which we read off rather as necessary and inevitable. 1 - Ruth Benedict [In China,] animals are divided into: (a) belonging to the Emperor, (b) embalmed, (c) tame, (d) sucking pigs, (e) sirens, (f) fa bulous, (g) stray dogs, (h) included in the present classification, (i) frenzied, (j) innumer able, (k) drawn with a very fine camel hair brush, (1) et cetera, (m) having just broken the water pitcher, (n) that from a long way offlook like flies.2 - Michel Foucault * Assistant Professor of Law, American University; Sabbatical Visitor at the Center for the Study of Law and Culture and Senior Fellow at the Center for Chinese Legal Studies, Columbia Law School. -
Chinese Philosophy
CHINESE PHILOSOPHY Vatican Relations: Problems of Conflicting Authority, 1976–1986 EARLY HISTORY (Cambridge 1992). J. LEUNG, Wenhua Jidutu: Xianxiang yu lunz- heng (Cultural Christian: Phenomenon and Argument) (Hong Shang Dynasty (c.1600–c.1045 B.C.). Chinese Kong 1997). K. C. LIU, ed. American Missionaries in China: Papers philosophical thought took definite shape during the reign from Harvard Seminars (Cambridge 1966). Lutheran World Feder- of the Shang dynasty in Bronze Age China. During this ation/Pro Mundi Vita. Christianity and the New China (South Pasa- period, the primeval forms of ancestor veneration in Neo- dena 1976). L. T. LYALL, New Spring in China? (London 1979). J. G. LUTZ, ed. Christian Missions in China: Evangelist of What? lithic Chinese cultures had evolved to relatively sophisti- (Boston 1965). D. E. MACINNIS, Religion in China Today: Policy cated rituals that the Shang ruling house offered to their and Practice (Maryknoll, NY 1989). D. MACINNIS and X. A. ZHENG, ancestors and to Shangdi, the supreme deity who was a Religion under Socialism in China (Armonk, NY 1991). R. MAD- deified ancestor and progenitor of the Shang ruling fami- SEN, China Catholics: Tragedy and Hope in an Emerging Civil So- ciety (Berkeley 1998). R. MALEK and M. PLATE Chinas Katholiken ly. A class of shamans emerged, tasked with divination suchen neue (Freiburg 1987). Missiones Catholicae cura S. Con- and astrology using oracle bones for the benefit of the rul- gregationis de Propaganda Fide descriptae statistica (Rome 1901, ing class. Archaeological excavations have uncovered 1907, 1922, 1927). J. METZLER, ed. Sacrae Congregationis de Pro- elaborate bronze sacrificial vessels and other parapherna- paganda Fide Memoria Rerum, 1622–1972 (Rome 1976). -
Citizenship and Government in Transition in Nationalist China, 1927±1937Ã
IRSH 46 (2001), Supplement, pp. 185±207 DOI: 10.1017/S0020859001000372 # 2001 Internationaal Instituut voor Sociale Geschiedenis ``Begging the Sages of the Party-State'': Citizenship and Government in Transition in Nationalist China, 1927±1937à Rebecca Nedostup and Liang Hong-ming The premise of the Nationalist government at Nanjing (1927±1937) rested on a precarious balance of democracy and paternalism. The Nationalists drew their power from China's citizens, but they also subjected them to a regimen of training and control. Petitions from the ``Nanjing decade'' highlight the resulting tensions between government and the governed. Citizens from all walks of life accepted the ruling party's invitation to participate in the construction of the republic. Yet they also used petitions to seek redress when they believed the Nationalists had fallen short of their obligations. These documents mark a turbulent period of transition from imperial rule to representative democracy. They also characterize an era when new political ideas, new media, and new social organizations helped people take an old device and transform it into a useful weapon for asserting their rights as modern citizens. TUTELARY GOVERNMENT AND THE EVOLUTION OF THE MODERN PETITION The ®nal Chinese dynasty had been overthrown in 1911 because it was unresponsive to the changing opinions of its subjects. The imperial government had maintained a tradition of court memorials circulated between local and higher of®cials, all the way up to the Emperor.1 But this à The materials used in this article were gathered with support from the Center for Chinese Studies (Taipei, Taiwan), the Fulbright Foundation, the Chiang-Ching Kuo Foundation, the Committee on Scholarly Communication with China, and the American Council of Learned Societies. -
Confucianism, "Cultural Tradition" and Official Discourses in China at the Start of the New Century
China Perspectives 2007/3 | 2007 Creating a Harmonious Society Confucianism, "cultural tradition" and official discourses in China at the start of the new century Sébastien Billioud Édition électronique URL : http://journals.openedition.org/chinaperspectives/2033 DOI : 10.4000/chinaperspectives.2033 ISSN : 1996-4617 Éditeur Centre d'étude français sur la Chine contemporaine Édition imprimée Date de publication : 15 septembre 2007 ISSN : 2070-3449 Référence électronique Sébastien Billioud, « Confucianism, "cultural tradition" and official discourses in China at the start of the new century », China Perspectives [En ligne], 2007/3 | 2007, mis en ligne le 01 septembre 2010, consulté le 14 novembre 2019. URL : http://journals.openedition.org/chinaperspectives/2033 ; DOI : 10.4000/chinaperspectives.2033 © All rights reserved Special feature s e v Confucianism, “Cultural i a t c n i e Tradition,” and Official h p s c r Discourse in China at the e p Start of the New Century SÉBASTIEN BILLIOUD This article explores the reference to traditional culture and Confucianism in official discourses at the start of the new century. It shows the complexity and the ambiguity of the phenomenon and attempts to analyze it within the broader framework of society’s evolving relation to culture. armony (hexie 和谐 ), the rule of virtue ( yi into allusions made in official discourse, we are interested de zhi guo 以德治国 ): for the last few years in another general and imprecise category: cultural tradi - Hthe consonance suggested by slogans and tion ( wenhua chuantong ) or traditional cul - 文化传统 themes mobilised by China’s leadership has led to spec - ture ( chuantong wenhua 传统文化 ). ((1) However, we ulation concerning their relationship to Confucianism or, are excluding from the domain of this study the entire as - more generally, to China’s classical cultural tradition. -
P020110307527551165137.Pdf
CONTENT 1.MESSAGE FROM DIRECTOR …………………………………………………………………………………………………………………………………………………… 03 2.ORGANIZATION STRUCTURE …………………………………………………………………………………………………………………………………………………… 05 3.HIGHLIGHTS OF ACHIEVEMENTS …………………………………………………………………………………………………………………………………………… 06 Coexistence of Conserve and Research----“The Germplasm Bank of Wild Species ” services biodiversity protection and socio-economic development ………………………………………………………………………………………………………………………………………………… 06 The Structure, Activity and New Drug Pre-Clinical Research of Monoterpene Indole Alkaloids ………………………………………… 09 Anti-Cancer Constituents in the Herb Medicine-Shengma (Cimicifuga L) ……………………………………………………………………………… 10 Floristic Study on the Seed Plants of Yaoshan Mountain in Northeast Yunnan …………………………………………………………………… 11 Higher Fungi Resources and Chemical Composition in Alpine and Sub-alpine Regions in Southwest China ……………………… 12 Research Progress on Natural Tobacco Mosaic Virus (TMV) Inhibitors…………………………………………………………………………………… 13 Predicting Global Change through Reconstruction Research of Paleoclimate………………………………………………………………………… 14 Chemical Composition of a traditional Chinese medicine-Swertia mileensis……………………………………………………………………………… 15 Mountain Ecosystem Research has Made New Progress ………………………………………………………………………………………………………… 16 Plant Cyclic Peptide has Made Important Progress ………………………………………………………………………………………………………………… 17 Progresses in Computational Chemistry Research ………………………………………………………………………………………………………………… 18 New Progress in the Total Synthesis of Natural Products ……………………………………………………………………………………………………… -
Positivism and the Inseparability of Law and Morals
\\server05\productn\N\NYU\83-4\NYU403.txt unknown Seq: 1 25-SEP-08 12:20 POSITIVISM AND THE INSEPARABILITY OF LAW AND MORALS LESLIE GREEN* H.L.A. Hart made a famous claim that legal positivism somehow involves a “sepa- ration of law and morals.” This Article seeks to clarify and assess this claim, con- tending that Hart’s separability thesis should not be confused with the social thesis, the sources thesis, or a methodological thesis about jurisprudence. In contrast, Hart’s separability thesis denies the existence of any necessary conceptual connec- tions between law and morality. That thesis, however, is false: There are many necessary connections between law and morality, some of them conceptually signif- icant. Among them is an important negative connection: Law is, of its nature, morally fallible and morally risky. Lon Fuller emphasized what he called the “internal morality of law,” the “morality that makes law possible.” This Article argues that Hart’s most important message is that there is also an immorality that law makes possible. Law’s nature is seen not only in its internal virtues, in legality, but also in its internal vices, in legalism. INTRODUCTION H.L.A. Hart’s Holmes Lecture gave new expression to the old idea that legal systems comprise positive law only, a thesis usually labeled “legal positivism.” Hart did this in two ways. First, he disen- tangled the idea from the independent and distracting projects of the imperative theory of law, the analytic study of legal language, and non-cognitivist moral philosophies. Hart’s second move was to offer a fresh characterization of the thesis. -
Confucianism As a Form of Religious Naturalism
CONFUCIANISM AS A FORM OF RELIGIOUS NATURALISM Mary Evelyn Tucker Confucianism religious naturalism encompasses a dynamic cosmological ori- entation that is interwoven with spiritual expressions in the form of communi- tarian ethics of the society, self-cultivation of the person, and ritual expres- sions integrating self, society, and cosmos. This tapestry of spiritual integra- tion, which has had a long and rich history in China and in other countries of East Asia deserves further study. The author thinks such studies will also point the way toward future forms of Confucian religious naturalism in new and creative expressions. Keywords: Confucianism, religious naturalism, self-perfection, communita- rism, cosmology. Introduction The art of Confucian religious naturalism might be described as discovering one's cosmological being amidst daily affairs. For the Confucian the ordinary is the locus of the extraordinary; the secular is the sacred; the transcendent is in the immanent. What distinguishes Confucianism is an all-encompassing cosmological context that grounds its world-affirming orientation for humanity. This is not a tradition seeking liberation outside the world, but one that affirms the spirituality of becoming more fully human within the world. The way of immanence is the Confucian way.1 The means of self-transformation is through cultivation of oneself in relation to others and to the natural world. This cultivation is seen in connection with a tradition of scholarly reflection embedded in a commitment to the value of culture and its myriad expressions. It aims to promote flourishing social relations, effective educational sys- tems, sustainable agricultural patterns, and humane political governance within the con- text of the dynamic, life-giving processes of the universe. -
Conceptions of Genuine Knowledge in Wang Yangming*
Conceptions of genuine knowledge in Wang Yangming* Harvey Lederman August 6, 2021 Abstract This paper studies one aspect of the great Ming dynasty philosopher Wang Yang- ming’s (王陽明 1472-1529) celebrated doctrine of the unity of knowledge and ac- tion (zhi xing he yi 知行合一). Wang states that his doctrine does not apply to all knowledge, but only to an elevated form of knowledge, which he sometimes calls “genuine knowledge” (zhen zhi 真知). But what is “genuine knowledge”? I de- velop and compare four different interpretations of this notion: the perceptual, practical, normative and introspective models. The main aim of the paper is to de- velop these models in more detail than has been done before. But at the end of the paper I argue that the introspective model is to be preferred over the alternatives. Keywords: unity of knowledge and action, liangzhi, conscience, Wang Yangming, Neo- Confucianism, Chinese Philosophy 1 Introduction Wang Shouren (王守仁, Yangming 陽明 1472-1529) is widely recognized as the most influential philosopher of the Ming dynasty (1368-1644) and one of the most important philosophers in the whole tradition now called “Confucian”. Some of Wang’s most celebrated doctrines concern the relationship between knowledge and virtuous action. Wang claimed that his Song dynasty predecessors had held that a person can act vir- tuously only if they first determine that their action will be virtuous by applying their knowledge of general moral laws to their predicament. Since on this picture, knowl- edge of moral laws must precede virtuous action, the view was associated with the slogan that knowledge comes first, and action later.