Aristotle on Money and on Economy
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Shang Yang 商鞅 and Legalist 法家 Reform in the Ancient Chinese State of Qin 秦
SHANG YANG 商鞅 AND LEGALIST 法家 REFORM IN THE ANCIENT CHINESE STATE OF QIN 秦 Daniel HAITAS Abstract Legalism has played a major role in the history of the Chinese legal and governmental tradition. One of the major exponents and formulators of this school of thought in ancient times was Shang Yang, an official in the state of Qin. Shang Yang oversaw a program of law reform in Qin in such areas as criminal law and the economic life of the country which aimed to strengthen the power of the state. This can be said to have had long term consequences for both Chinese and world history, in that the strengthening and reorganization of Qin along the lines of Legalist principles helped lead to its gaining preeminence amongst the other states vying for influence in the Warring States period, ultimately leading to the unification of China under the rule of the Qin dynasty. Keywords: Shang Yang, Legalism, law reform, Qin state, criminal law, economic regulation. that would be known among the general population, which included a system of strict punishments to be 1. Introduction applied equally to all. Additionally, he implemented Throughout much of the history of the Chinese reforms that favoured agriculture at the expense of legal and governmental tradition, two different schools commerce. of thought have been portrayed as competing and This study particularly draws on the Book of Lord coexisting at the same time; these are the Legalists 法 Shang 商君書, the earliest surviving and foundational 1 家 and the Confucians 儒家 . Both sought to maintain text of the Legalist school whose authorship is 7 social order, yet differed in the primary methods attributed to Shang Yang . -
2. Aristotle's Concept of the State
Page No.13 2. Aristotle's concept of the state Olivera Z. Mijuskovic Full Member International Association of Greek Philosophy University of Athens, Greece ORCID iD: http://orcid.org/0000-0001-5950-7146 URL: http://worldphilosophynetwork.weebly.com E-Mail: [email protected] Abstract: In contrast to a little bit utopian standpoint offered by Plato in his teachings about the state or politeia where rulers aren`t “in love with power but in virtue”, Aristotle's teaching on the same subject seems very realistic and pragmatic. In his most important writing in this field called "Politics", Aristotle classified authority in the form of two main parts: the correct authority and moose authority. In this sense, correct forms of government are 1.basileus, 2.aristocracy and 3.politeia. These forms of government are based on the common good. Bad or moose forms of government are those that are based on the property of an individual or small governmental structures and they are: 1.tiranny, 2.oligarchy and 3.democracy. Also, Aristotle's political thinking is not separate from the ethical principles so he states that the government should be reflected in the true virtue that is "law" or the "golden mean". Keywords: Government; stat; , virtue; democracy; authority; politeia; golden mean. Vol. 4 No. 4 (2016) Issue- December ISSN 2347-6869 (E) & ISSN 2347-2146 (P) Aristotle's concept of the state by Olivera Z. Mijuskovic Page no. 13-20 Page No.14 Aristotle's concept of the state 1.1. Aristotle`s “Politics” Politics in its defined form becomes affirmed by the ancient Greek world. -
Stability and Development in Canon Law and the Case of "Definitive" Teaching
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2001 Stability and Development in Canon Law and the Case of "Definitive" Teaching Ladislas M. Örsy Georgetown University Law Center, [email protected] Vol. 76 Notre Dame Law Review, Page 865 (2001). Reprinted with permission. © Notre Dame Law Review, University of Notre Dame. This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/569 76 Notre Dame L. Rev. 865-879 (2001) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Religion Law Commons STABILITY AND DEVELOPMENT IN CANON LAW AND THE CASE OF "DEFINITIVE" TEACHING Ladislas Orsy, SJ!:~ The beginning of knowledge is wonder, wonder provoked by a puzzle whose pieces do not seem to fit together. We do have such an on-going puzzle in canon law; it is the prima facie conflict between the demand of stability and the imperative of development. Stability is an essential quality of any good legal system because a community's lav{s are an expression of its identity, and there is no identity without permanency. Many times we hear in the United States that we are a country held together by our laws. Although the statement cannot be the full truth, it is obvious that if our laws ever lost their stability, the nation's identity would be imperiled. In a relig ious community where the source of its identity is in the common memory of a divine revelation, the demand for stability is even stronger. -
The Best Interests of the Child Are of Paramount
WHERE TO FIND THE FAMILY ADVOCATE IN YOUR AREA: ISSUED 2018 ENGLISH National Office Sibasa Mthatha Adv. C.J Maree Northern Cape George Adv. Petunia Seabi-Mathope Adv. R.D. Ramanenzhe Adv. M.S. Van Pletzen (Senior Family Advocate) Kimberley – Provincial Office Adv. J. Gerber Chief Family Advocate (Family Advocate) (Senior Family Advocate) Tel: 012 323 0760, Fax: 012 323 9566 Adv. P.M Molokwane (Senior Family Advocate) Ms C. Molai (Secretary to the Chief Tel: 015 960 1410 Tel: 047 532 3998, Pretoria [email protected] (Acting Principal Family Advocate) Tel: 044 802 4200, Family Advocate) [email protected] Fax: 047 532 5337 Postal Address: Private Bag X 88, (Senior Family Advocate) Fax: 044 802 4202 OFFICE OF THE FAMILY ADVOCATE Tel: 012 357 8022 Postal Address: Private Bag X 5005 [email protected] Pretoria, 0001. Tel: 053 833 1019/63, [email protected] Fax: 012 357 8043 Thohoyandou 0950. Physical Address: Postal Address: Private Bag X 5255 Physical Address: 4th Floor, Centre Fax: 053 833 1062/69 Postal Address: Private Bag X 6586, [email protected] Thohoyandou Magistrate Court Mthatha 5099. Physical Address: 6th Walk Building, C/o Thabo Sehume [email protected] George, 6530. Physical Address: Postal Address: Private Bag X 6071, THE BEST INTERESTS Postal Address: Private Bag X 81 Floor, Manpower Building, C/o & Pretorius Streets , Pretoria, 0001 Cnr Cradock & Cathedral Street, Pretoria 0001. Physical Address: Mpumalanga Elliot and Madeira Street, Kimberley, 8300. Physical Address: Bateleur Park Building, George, 329 Pretorius Street, Momentum Nelspruit – Provincial Office Mthatha, 5100 Soshanguve 5th Floor, New Public Building OF THE CHILD ARE Building, West Tower, Pretoria Adv. -
Factless Jurisprudence
University of Florida Levin College of Law UF Law Scholarship Repository UF Law Faculty Publications Faculty Scholarship Summer 2003 Factless Jurisprudence Darren Lenard Hutchinson University of Florida Levin College of Law, [email protected] Follow this and additional works at: https://scholarship.law.ufl.edu/facultypub Part of the Civil Rights and Discrimination Commons, Jurisprudence Commons, and the Legal History Commons Recommended Citation Darren Lenard Hutchinson, Factless Jurisprudence, 34 Colum. Hum. Rts. L. Rev. 615 (2003), available at http://scholarship.law.ufl.edu/facultypub/393 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in UF Law Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. FACTLESS JURISPRUDENCE* by Darren Lenard Hutchinson** I. INTRODUCTION Professor Terry Smith has written a very important work on the inadequacy of juridical approaches to antidiscrimination law in the context of Title VII litigation.' Smith argues that the anti-retaliation provisions of Title VII can serve more broadly as a mechanism for protecting workers of color from prohibited racial discrimination.2 Smith contends that contemporary equality jurisprudence, however, impedes the protective scope of the anti-retaliation provision because courts fail to appreciate the broader context of racial antag- onism in which persons of color live.3 Particularly, -
“On Plato's Πολιτεία,” by Stephen Menn, Pp. 1- 55, in Proceedings of the Bosto
CORRIGENDA Corrigenda belonging to “On Plato’s Πολιτεία,” by Stephen Menn, pp. 1- 55, in Proceedings of the Boston Area Colloquium in Ancient Philosophy, Volume XXI, 2005 (eds. J.J. Cleary and G.M. Gurtler, S.J.). 2006. ISBN 90 04 15353 5 (Pbk), ISBN 90 04 15391 8 (Bound). Due to a series of failures of regular and electronic mail, Stephen Menn’s contribution was printed without his having seen either first proofs or page proofs, and without the comments of Professor Sara Monoson (Northwest- ern). Menn refers to Monoson’s comments in his final footnote, on the assumption that they would be in the same volume. The editors apologize to Professor Menn and especially to Professor Monoson for these failures. Corrections: p.2 n2, “Proclus In rem publicam v.1 p.8. Kroll, citing unnamed earlier writers …” should be “Proclus In rem publicam v.1 p.8 Kroll, citing unnamed earlier writers …” p.4 line 13, “καλῶς ἔξειν” should be “καλῶς ἔχειν” p.4 line 24, after “περὶ πολιτείας” delete the quotation mark. p.4 line 27, after “περὶ πολιτείας” delete the quotation mark. p.5 n4 next to last line, “Πολιτείαι” should be “Πολιτεῖαι” p.5 n5 line 4, “πολιτεῖα” should be “πολιτεία” p.6 n8 first line, “τὸ βίβλιον” should be “τὸ βιβλίον” p.7 line 1, “ἤ” should be “ἢ” p.7 n10 line 4, “Θεόδορος” should be “Θεόδωρος” p.14 n21 line 5, “περὶ τῆς ἐν ἀρχῆς καταστάσεως” should be “περὶ τῆς ἐν ἀρχῇ καταστάσεως” p.18 line 5, after “πρὸς τὰς πολιτείας” delete the quotation mark. -
Han Fei and the Han Feizi
Introduction: Han Fei and the Han Feizi Paul R. Goldin Han Fei 韓非 was the name of a proli fi c Chinese philosopher who (according to the scanty records available to us) was executed on trumped up charges in 233 B.C.E. Han Feizi 韓非子, meaning Master Han Fei , is the name of the book purported to contain his writings. In this volume, we distinguish rigorously between Han Fei (the man) and Han Feizi (the book) for two main reasons. First, the authenticity of the Han Feizi —or at least of parts of it—has long been doubted (the best studies remain Lundahl 1992 and Zheng Liangshu 1993 ) . This issue will be revisited below; for now, suffi ce to it to say that although the contributors to this volume accept the bulk of it as genuine, one cannot simply assume that Han Fei was the author of everything in the Han Feizi . Indeed, there is a memorial explic- itly attributed to Han Fei’s rival Li Si 李斯 (ca. 280–208 B.C.E.) in the pages of the Han Feizi ( Chen Qiyou 陳奇猷 2000 : 1.2.42–47); some scholars fear that other material in the text might also be the work of people other than Han Fei. Second, and no less importantly, even if Han Fei is responsible for the lion’s share of the extant Han Feizi , a reader must be careful not to identify the philosophy of Han Fei himself with the philosophy (or philosophies) advanced in the Han Feizi , as though these were necessarily the same thing. -
Ancient Economic Thought, Volume 1
ANCIENT ECONOMIC THOUGHT This collection explores the interrelationship between economic practice and intellectual constructs in a number of ancient cultures. Each chapter presents a new, richer understanding of the preoccupation of the ancients with specific economic problems including distribution, civic pride, management and uncertainty and how they were trying to resolve them. The research is based around the different artifacts and texts of the ancient East Indian, Hebraic, Greek, Hellenistic, Roman and emerging European cultures which remain for our consideration today: religious works, instruction manuals, literary and historical writings, epigrapha and legal documents. In looking at such items it becomes clear what a different exercise it is to look forward, from the earliest texts and artifacts of any culture, to measure the achievements of thinking in the areas of economics, than it is to take the more frequent route and look backward, beginning with the modern conception of economic systems and theory creation. Presenting fascinating insights into the economic thinking of ancient cultures, this volume will enhance the reawakening of interest in ancient economic history and thought. It will be of great interest to scholars of economic thought and the history of ideas. B.B.Price is Professor of Ancient and Medieval History at York University, Toronto, and is currently doing research and teaching as visiting professor at Massachusetts Institute of Technology. ROUTLEDGE STUDIES IN THE HISTORY OF ECONOMICS 1 Economics as Literature -
Fa [1]: Did Its Meaning Change in Chinese Philosophy? Some Remarks on Fa in Confucianism and Legalism
ASIAN AND AFRICAN STUDIES, 70, 2001, 1, 44-55 FA [1]: DID ITS MEANING CHANGE IN CHINESE PHILOSOPHY? SOME REMARKS ON FA IN CONFUCIANISM AND LEGALISM Jana B enická Department of the Languages and Cultures of the Countries of East Asia, Faculty of Philosophy, Comenius University, Bratislava, Slovakia The aim of this article is to briefly analyse the use of the character fa in early Chinese philosophical texts and in the works of so-called Legalists, and give some justifications for the claim that the meaning of the character did not simply change from ‘standard’, ‘to mod el’ in the texts of the Confucians into the meaning ‘law’ in the intentions of legal positivism, as it is often interpreted in the books on Chinese philosophy. First of all I want to say that the primary impulse for writing this essay was an article by Chad Hansen: Fa (Standards:Laws) and Meaning Changes in Chi nese Philosophy j 1 published a few years ago. In his paper he treats the problem of the meaning changes of Chinese characters. He says: “The orthodoxy is that Chinese characters (1) have more meanings and (2) change meanings more fre quently than words of other languages.”2 Than he gives an example of fa (standards:laws), saying that the usual view is that this character means stan dard or to model for early Confucians, Mohists, and Daoists, but for those called Legalists (and perhaps for Xunzi [2] (fl. 298-238 B.C.))3 it means laws. H ansen, Chad. Fa (Standards:Laws) and Meaning Changes in Chinese Philosophy. -
Athenaion Politeia and Aristotle’S Political Theory
4. The Athenaion Politeia and Aristotle’s Political Theory Lucio Bertelli DOI – http://dx.doi.org/10.7359/852-2018-bert ABSTRACT – This contribution addresses the issue of the mutual influence between the Athenaion Politeia and Aristotle’s political theory as developed in the Politics and elsewhere. It surveys previous approaches to this issue, analysing problems both with deterministic approaches and with those approaches that deny any influence of theory on the historical treatment of the Ath. Pol. It focuses in particular on the theory of the metabole and on the constitutional transitions in the Ath. Pol., and examines in detail the various metabolai of Athens vis-à-vis the treatment of Politics V and VI. It argues that the influence of Aristotle’s political theory in the Ath. Pol. is clear and detectable, but not deterministic. Theory is used as a key aid to understanding the logic of events. KEYWORDS – Aristotle’s political theory; Athens; metabole; stasis – Atene; metabole; sta sis; teoria politica di Aristotele. 1. SUMMARY OF THE IssUE The issue has been partially created by Aristotle himself when, in the sketchy outline of the Politics in EN X 9 (1181b 16-20), he announced: «First, then, if there is anything that has been correctly said by our pre- decessors on some part of the subject, let us try to go through it and then, on the basis of the collection of constitutions, try to get a theoretical grasp on what sorts of things preserve and destroy cities, what sorts of things preserve or destroy each sort of constitution, and what causes some cities to be well governed and others the opposite. -
Utilitarianism for a Broken Future
Utilitarianism for a broken future. Tim Mulgan, University of St Andrews, [email protected] November 2010 for the Club of Amsterdam Philosophers have a collaborative relationship with our own and resources beyond these minimum requirements. By con- history. We work within traditions of thought that emphasise trast, a broken world lacks favourable conditions. Natural re- some questions, problems, and methods rather than others. I sources are insufficient to meet the basic needs of the popula- work in the liberal utilitarian tradition, associated most fa- tion – perhaps due to inadequate supplies of food and drinka- mously with Jeremy Bentham, John Stuart Mill, and Henry ble water. A broken world cannot feed itself, and the resources Sidgwick. This tradition places human well-being centre of the earth cannot support all human beings. The climate is stage. Utilitarians judge everything – actions, moral codes, very unpredictable, and extreme weather events are common. political and legal institutions, and even beliefs – by its impact Each generation is worse-off than the last, and our affluent on human flourishing. Utilitarianism is also completely impar- way of life is no longer an option. Within this harsh global tial. As Bentham put it, ‘each is to count for one, and none for context, some areas are more broken than others. Indeed, some more than one’. Utilitarians count all human happiness equal- are uninhabitable by human beings. ly, wherever and whenever it occurs.1 This is not our world. Humanity currently has the resources to My recent work has focused on the demands of utilitarianism, meet everyone's needs. -
Code of Judicial Conduct
Code of Judicial Conduct WASHINGTON STATE CODE OF JUCIAIL CONDUCT (CJC) TABLE OF CONTENTS PREAMBLE SCOPE APPLICATION TERMINOLOGY CANON 1 A JUDGE SHALL UPHOLD AND PROMOTE THE INDEPENDENCE, INTEGRITY, AND IMPARTIALITY OF THE JUDICIARY, AND SHALL AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY. RULE 1.1 Compliance with the Law RULE 1.2 Promoting Confidence in the Judiciary RULE 1.3 Avoiding Abuse of the Prestige of Judicial Office CANON 2 A JUDGE SHOULD PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY, COMPETENTLY, AND DILIGENTLY. RULE 2.1 Giving Precedence to the Duties of Judicial Office RULE 2.2 Impartiality and Fairness RULE 2.3 Bias, Prejudice, and Harassment RULE 2.4 External Influences on Judicial Conduct RULE 2.5 Competence, Diligence, and Cooperation RULE 2.6 Ensuring the Right To Be Heard RULE 2.7 Responsibility To Decide RULE 2.8 Decorum, Demeanor, and Communication with Jurors RULE 2.9 Ex Parte Communications RULE 2.10 Judicial Statements on Pending and Impending Cases RULE 2.11 Disqualification RULE 2.12 Supervisory Duties RULE 2.13 Administrative Appointments RULE 2.14 Disability and Impairment RULE 2.15 Responding to Judicial and Lawyer Misconduct RULE 2.16 Cooperation with Disciplinary Authorities CANON 3 A JUDGE SHALL CONDUCT THE JUDGE?S PERSONAL AND EXTRAJUDICIAL ACTIVITIES TO MINIMIZE THE RISK OF CONFLICT WITH THE OBLIGATIONS OF JUDICIAL OFFICE. RULE 3.1 Extrajudicial Activities in General RULE 3.2 Appearances before Governmental Bodies and Consultation with Government Officials RULE 3.3 Testifying as Character Witness