LL4375 / LL5375 / LL6375 Traditional Chinese Legal Thought

This course is an introduction to the major themes and issues in traditional Chinese legal thought. A basic premise and argument of this course is that Chinese legal thought should not, and indeed cannot, be studied in a vacuum. As such, we will also make reference to Chinese political and moral philosophy, as well as historical context. We will focus our attention on the close reading and analysis of selected works by various philosophers and various philosophical schools, including and later Confucian thinkers (including, but not limited to, , Xunzi, and Dong Zhongshu), the Legalists, and the Daoists. Attention will also be placed on understanding these thinkers and philosophical schools in historical context and gaining an understanding of how was applied in premodern Chinese .

No prior knowledge of Chinese history or is assumed or required. All required readings are in English.

At the end of the course participants should be able to:

1. Demonstrate awareness and understanding of the important norms, themes, principles, and concerns of traditional Chinese legal thought.

2. Describe and explain the key ideas of Confucian (including pre- , Confucianism, Confucianism, and Neo-Confucianism), Daoist, and Legalist legal and political thought.

3. Develop an awareness and understanding of how traditional Chinese legal thought is enmeshed in traditional Chinese moral and political thought.

4. Develop an awareness and understanding of how ideas and norms in traditional Chinese legal thought were applied (or not applied) in premodern Chinese .

5. Develop an awareness and understanding of how traditional Chinese legal thought compares and contrasts to Western legal thought. 6. Develop an awareness and understanding of how traditional Chinese legal thought continues to influence and impact modern Chinese jurisprudence today.

There are nine (9) seminars. The below is a guide to the topics covered in each seminar, although depending on classroom progress and discussion, we may begin coverage of some topics in an earlier seminar and/or begin coverage of some topics in a later seminar.

SEMINAR ONE: MAJOR MACRO-LEVEL THEMES AND ISSUES OF CHINESE PHILOSOPHY GENERALLY; BASIC CONCEPTS OF TRADITIONAL ; EARLY CHINESE LEGAL THOUGHT (PRE-CONFUCIUS)

SEMINAR TWO: THE LEGAL THOUGHT OF CONFUCIUS, AS SEEN THROUGH CONFUCIUS’S THE ANALECTS

SEMINAR THREE: THE MORAL, POLITICAL, AND LEGAL THOUGHT OF MENCIUS AND XUNZI

SEMINAR FOUR: THE LEGAL THOUGHT OF DAOISM (’S DAODEJING AND THE )

SEMINAR FIVE: THE LEGAL THOUGHT OF THE LEGALISTS ( AND )

SEMINAR SIX: THE LEGAL THOUGHT OF THE LEGALISTS ( AND THE )

SEMINAR SEVEN: CONFUCIAN LEGAL THOUGHT IN THE HAN DYNASTY: THE LEGAL THOUGHT OF DONG ZHONGSHU AND THE “CONFUCIANIZATION OF LAW”; HAN DYNASTY JURISPRUDENCE

SEMINAR EIGHT: “CONFUCIANIZATION OF LAW” ACHIEVED – THE AND TANG DYNASTY LEGAL THOUGHT; NEO-CONFUCIAN LEGAL THOUGHT AS SEEN THROUGH AND

SEMINAR NINE: CONFUCIAN LEGAL THOUGHT IN THE EARLY : ZHU YUANZHANG’S LEGISLATIVE ACTS; CONFUCIAN LEGAL THOUGHT IN THE MING- DYNASTY TRANSITION: ZONGXI’S VIEWS ON LAW; TRADITIONAL CHINESE LEGAL THOUGHT AND ITS INFLUENCE (OR LACK THEREOF?) ON MODERN CHINESE LEGAL THOUGHT ….