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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 . -
AN INTRODUCTION to ISLAMIC ECONOMICS ISLAMIZA TION of KNOWLEDGE - 15 Series Editor (In Pakistan): Zafar Ishaq Ansari an INTRODUCTION to ISLAMIC ECONOMICS
I I I Joint Publishers THE INTERNATIONAL INSTITUTE OF ISLAMIC THOUGHT The International Institute of Islamic Thought was founded in 1401 AH/1981 AC to revive and promote lslam:k thought and strive for Islamization of knowledge in the contemporary disciplines. It also explores the potential to package knowledge in specifically Islamic disciplines derived from Tawf!zd and the Sharf'ah. The Institute publishes scholarly works from its own programmes as well as contributions from scholars around the world. It also makes important Islamic scholarly works available in Arabic, English and other major languages of the world. The Institute welcomes all kinds of academic cooperation and contributions from all sources concerned with the progress of Islamic thought and knowledge. INSTITUTE OF POLICY STUDIES Established in 1979, the Institute of Policy Studies represents an effort to promote discussion and research on critical national and international issues. Besides several periodical reports - Kashmir Watch, Pakistan Political Perspective, 'Alam-i Islam awr 'lsa 'iyat, Was(f Asia ke Musa/man and Dfnf $af!afat ka Ja 'izah - the Institute has produced over 100 publications. Islamic economics has been one of the major areas of its concern. Some of the recent publications on Islamic Economics by the Institute include: Elimination of Riba from the Economy, • Ecunomic Teachings of Prophet Muf!ammad: A Select Anthology of lf.adfth Literature on Economics • Money and Banking in Islam • Fiscal Policy and Resource Allocation in Islam • Islamic Banking: Conceptual Framework and Practical Operations. I I i. £In tfu. .:::Nam.£ of cfffta.h, dU.o~t §'l.ae.iow., dU.o~t dU.£t.al{u.f fP'f.aiu to cf1££afi, ..£oul of tfu. -
The Use of Philosophers by the Supreme Court Neomi Raot
A Backdoor to Policy Making: The Use of Philosophers by the Supreme Court Neomi Raot The Supreme Court's decisions in Vacco v Quill' and Wash- ington v Glucksberg2 held that a state can ban assisted suicide without violating the Due Process or Equal Protection Clauses of the Fourteenth Amendment. In these high profile cases, six phi- losophers filed an amicus brief ("Philosophers'Brief') that argued for the recognition of a constitutional right to die.3 Although the brief was written by six of the most prominent American philoso- phers-Ronald Dworkin, Thomas Nagel, Robert Nozick, John Rawls, Thomas Scanlon, and Judith Jarvis Thomson-the Court made no mention of the brief in unanimously reaching the oppo- site conclusion.4 In light of the Court's recent failure to engage philosophical arguments, this Comment examines the conditions under which philosophy does and should affect judicial decision making. These questions are relevant in considering the proper role of the Court in controversial political questions and are central to a recent de- bate focusing on whether the law can still be considered an autonomous discipline that relies only on traditional legal sources. Scholars concerned with law and economics and critical legal studies have argued that the law is no longer autonomous, but rather that it does and should draw on many external sources in order to resolve legal disputes. Critics of this view have main- tained that legal reasoning is distinct from other disciplines, and that the law has and should maintain its own methods, conven- tions, and conclusions. This Comment follows the latter group of scholars, and ar- gues that the Court should, as it did in the right-to-die cases, stay clear of philosophy and base its decisions on history, precedent, and a recognition of the limits of judicial authority. -
On Progressive Alternative: Unger Versus Žižek
Original Paper UDC 165.741:141.82Unger, R.M., Žižek, S. 177:32 Received January 13th, 2010 Lenart Škof University of Primorska, Faculty of Humanities in Koper, Department of Philosophy, Titov trg 5, SI–6000 Koper [email protected] On Progressive Alternative: Unger versus Žižek Abstract In the paper we discuss the question of the future of democracy within some current projects of the emancipatory politics. We first critically approach Žižek’s and Badiou’s well-known revitalization of the idea of communism and link their projects to the burning issues of inequalities in the world system. Following this approach we elaborate on R.M. Unger’s recent book The Self Awakened and both defend his version of radicalized pragmatism and enlarge some of his uses of pragmatism (divinization, awakening of the self) to wider politico-ethical contexts. Key words pragmatism, democracy, emancipatory politics, Slavoj Žižek, Alain Badiou, Roberto Man- gabeira Unger I In his recent book The Self Awakened, Roberto Mangabeira Unger presents the reader with the credo of his radicalized pragmatism as a program of social reconstruction. He writes: “A radicalized pragmatism is the operational ideology of the shortening of the distance between context-preserving and context-transforming activities. It is thus a program of permanent revo- lution – however, a program so conceived that the word ‘revolution’ is robbed of all romantic otherworldliness and reconciled to the everydayness of life as it is.”1 For the pragmatist Unger, “the shortening of the distance” is a mark of practi- cal progress as needed in times of economic and social instability. -
The Role of Islam in the Construction of the Foreign Economic Relations of the Republic of Indonesia
Ph.D. Thesis — M.S. Williams McMaster University — Political Science ISLAM AND THE FOREIGN ECONOMIC RELATIONS OF INDONESIA 1 THE ROLE OF ISLAM IN THE CONSTRUCTION OF THE FOREIGN ECONOMIC RELATIONS OF THE REPUBLIC OF INDONESIA By MARK S. WILLIAMS, B.A.H, M.A. A Thesis Submitted to the School of Graduate Studies in Partial Fulfilment of the Requirements for the Degree Doctor of Philosophy McMaster University © Copyright by Mark S. Williams, November 2012 Ph.D. Thesis — M.S. Williams McMaster University — Political Science DOCTORATE OF PHILOSOPHY (2012) McMaster University (Political Science) Hamilton, Ontario TITLE: The Role of Islam in the Construction of the Foreign Economic Relations of the Republic of Indonesia AUTHOR: Mark S. Williams, B.A., M.A. SUPERVISOR: Professor Richard Stubbs NUMBER OF PAGES: viii, 280 ii Ph.D. Thesis — M.S. Williams McMaster University — Political Science Abstract American IPE has traditionally marginalized the role that social forces, and particularly religion, have played in the construction of the international political economy. This dissertation is an examination into the foreign economic relations of the Republic of Indonesia from the perspective of the British school of International Political Economy (IPE). British IPE is used to critically assess what role, if any, the religion of Islam has had in the construction of Indonesia’s foreign economic relations. This research demonstrates that Islamic social forces have influenced the political debates that construct Indonesia’s foreign economic relationships. Mainstream Islamic organizations pushed the state to engage with international institutions of trade and finance throughout the pre‐independence period when Indonesian national identity was being forged, as well as during the parliamentary democracy that followed independence, and into Sukarno’s “Guided Democracy.” The trend from the Suharto era to the early twenty‐first has been the appropriation of Islamic discourse by the state to legitimize its economic policies of engagement with the international political economy. -
Repointing the Constitution
Final Version (for publication) Repointing the Constitution By Janice Rogers Brown United States Circuit Judge United States Court of Appeals for the District of Columbia Circuit Joseph Story Lecture The Heritage Foundation Wednesday, October 22, 2014 5:30 PM The Heritage Foundation 214 Massachusetts Ave., NE Washington, D.C. 20002 First, I want to thank The Heritage Foundation for asking me to deliver this year’s Joseph Story Lecture. I am honored and intimidated to be in such august company. I especially want to express my gratitude to Ed Meese for his friendship, for his many kindnesses, and for being such a mensch. For those of you who do not speak Yiddish, it means a man of integrity and honor. But for General Meese’s courage and integrity, conversations like this one would be pointless. We are all indebted beyond anything we could repay because he took seriously his oath to support and defend the Constitution. This is where I usually offer my caveats: I am not a scholar, or a philosopher, and certainly not a theologian. Today I speak only as a conservative – one who has the good fortune to be particularly ill-educated. Having escaped an Ivy League Education, I now find myself free to think however I like. As a conservative, I spend my time thinking about the present evils of the world, unlike my liberal counterparts who spend their time thinking up new ones. These days I find myself, like Gladys Knight, thinking “I’ve really got to use my imagination; to think up good reasons to keep on keeping on.” I developed a new appreciation for Mr. -
Unger, Berle, and the Derivatives Revolution
The Peter A. Allard School of Law Allard Research Commons Faculty Publications Allard Faculty Publications 2010 Power Without Property, Still: Unger, Berle, and the Derivatives Revolution Cristie Ford Allard School of Law at the University of British Columbia, [email protected] Carol Liao Allard School of Law at the University of British Columbia, [email protected] Follow this and additional works at: https://commons.allard.ubc.ca/fac_pubs Part of the Business Organizations Law Commons, and the Property Law and Real Estate Commons Citation Details Cristie Ford & Carol Liao, "Power Without Property, Still: Unger, Berle, and the Derivatives Revolution" (2010) 33:4 Seattle U L Rev 889. This Article is brought to you for free and open access by the Allard Faculty Publications at Allard Research Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Allard Research Commons. Power Without Property, Still: Unger, Berle, and the Derivatives Revolution Cristie Ford† and Carol Liao†† INTRODUCTION We are in a time when the notion of property is in flux.1 The deriv- atives revolution2 has shattered the “atom of property” well beyond what was originally imagined in 1932 by Adolf Berle and Gardiner Means.3 This disaggregation has had fascinating, and often adverse, effects on corporate law and securities regulation. Moreover, the phenomenon has had the unexpected effect of permitting some parties that already possess considerable social, economic, and political power to accumulate even more. Innovations in modern finance have generated a large-scale expe- riment, running live and on a global basis, on the impacts of disassem- bling classical notions of ownership and property rights. -
A Critical Review of Unger's Politics
Schulich School of Law, Dalhousie University Schulich Law Scholars Articles, Book Chapters, & Blogs Faculty Scholarship 1990 On the Road to Radical Reform: A Critical Review of Unger's Politics Richard F. Devlin FRSC Follow this and additional works at: https://digitalcommons.schulichlaw.dal.ca/scholarly_works Part of the Public Law and Legal Theory Commons ON THE ROAD TO RADICAL REFORM:1 A CRITICAL REVIEW OF UNGER'S POLITICS0 BY RICHARD F. DEVLIN* Two aims drive this essay. The first is to provide the reader with an accessible, yet relatively comprehensive, introduction to Roberto Mangabeira Unger's social and legal theory. The second aim is to evaluate the strengths and weaknesses of Unger's most recent scholarship and to make some suggestions as to where he goes awry. In particular, the author draws several parallels between the Ungerian enterprise and that of some feminists. The central motivation of the essay is to keep the critical conversation between male radicals and feminists open. To this end, the author posits the possibility of mutually beneficial contributions. I. INTRODUCTION ............ 643 II. A STATEMENT OF THE PROBLEM: A SNAPSHOT OF THE TWILIGHTENMENT . .. .. .. 644 A. The Paradox of Freedom Embedded in Domination 644 B. Theses of the Enlightenment . 645 C. The Three "D's" .. .. .. .. .. 646 ° Copyright, 1990, Richard F. Devlin. * Associate Professor of Law, University of Calgary. Special thanks to Alexandra Dobrowolsky, Dianne Pothier, and Leon Trakman, each of whom provided helpful comments on an earlier draft of this paper. Shorter versions of this paper were presented at Dalhousie Law School, May 1988 and at the Feminism and Critical Theory Conference, Windsor, Ontario, June 1988. -
Islam, Globalization and Counter Terrorism
ISLAM, GLOBALIZATION AND COUNTER TERRORISM Juhaya S. Praja* I. ISLAM AND GLOBALIZATION A. Islamic Universality The Quran states that Islam is the universal religion and is a mercy to all creatures.1 Islam is a religion of peace. As a universal faith, that has been subject to diverse interpretations, Islam offers a living demonstration of qualities to which all human beings can relate: compassion, mercy, tolerance, and love. Bearing the label “Muslim” is no guarantee of living by its teaching since Muslims are not a single, homogeneous entity. Grave risks arise from thinking that they are. Islam is more than a system of theology, it’s a complete civilization.2 The classical history of Islam proved the Islamic universality: Islam rejects discrimination, racism, and teaches men and women to disperse within the land and seek the bounty of God.3 More clearly the tradition of the Prophet Muhammad instructs his followers to seek knowledge, even to China.4 Indeed, this hadith calls for globalization at doctrinal and practical levels. Islam became the global power when the peoples of Arabia, Africa, Europe and Asia admired and followed the Islamic civilization and culture. The presence of Islam has contributed to the welfare and the prosperity of the peoples. The civilized peoples closely related to the basics of Islamic doctrine, ethics, values, morals, law, and their customs. Islam and its history have taught globalization at the most general level, that refers to a process of change which affects all regions of the world in a variety of sectors including the economy, science and technology and to some extent – politics, the media, culture and the environment. -
Lawin Modern Society Lawin Modern Society
LAWIN MODERN SOCIETY LAWIN MODERN SOCIETY Toward a Criticism of Social Theory Roberto Mangabeira Unger l�I THE FREE PRESS New York lffil THE FREE PRESS 1230 Avenueof theAmericas New York, NY 10020 Copyright© 1976 by RobertoMangabeira Unger All rights reserved, including theright of reproduction in whole or in partin anyform. THE FREEPRESS and colophon are trademarks of Simon & Schuster Inc. First Free Press Paperback Edition 1977 Manufacturedin the United Statesof America Paperbound printing number 10 Unger,Library ofRoberto Congress Mangabeira. Cataloging in Publication Data Law in modern society. Includes bibliographical references and index. 1. Sociological jurisprudence. I. Title. Law 34o.1'15 74-27853 ISBN 0-02-932880-2 pbk. NOTE This study builds upon my Knowledge and Politics (Free Press, 1975). To make the present work intelligibleto readers unfamiliar with Knowledge and Politics, it wa,; necessary in some cases to restate ideas developed in the earlier book. CONTENTS CHAPTER1. The Predicament of Social Theory 1 The "burden of the past" in social theory 1 Social theory and political philosophy 3 The unity and crisis of social theory 6 The problem of method 8 The problem of social order 23 The problem of modernity 37 Human nature and history 40 Law 43 CHAPTER2. Law and the Forms of Society 47 The problem 47 Three concepts of law 48 The emergence of bureaucratic law 58 The separation of state and society 58 The disintegration of community 61 The division of labor and social hierarchy 63 The tension within bureaucratic law 64 The emergence of a legal order 66 Group pluralism 66 Natural law 76 Liberal society and higher law 83 VII viii I Contents The Chinese case: a comparative analysis 86 The hypothesis 86 Custom and "feudalism" in early China 88 The transformation period: from custom to bureaucratic law 96 Confucianists and Legalises 105 Limits of the Chinese comparison: the experience of other civilizations 110 The sacred laws of ancient India, Islam, and Israel 110 The Graeco-Roman variant 120 Law as a response to the decline of order 127 CHAPTER 3. -
French Brothers and Capitalism: Pragmatism, Radical Questioning, and Impasses
French Brothers and Capitalism: Pragmatism, Radical Questioning, and Impasses By Haoues Seniguer Report n. 21, April 2021 FRENCH BROTHERS AND CAPITALISM French Brothers and Capitalism: Pragmatism, Radical, Questioning and Impasses About the author: Haoues Seniguer is an assistant professor in political science at Sciences Po Lyon and a researcher at the Triangle laboratory, UMR, 5206 Lyon. He is a specialist in Islamism and the relationship between politics and Islam in France and Morocco. He is the author of a hundred articles for academic journals and newspapers, and several books, one of which is in French, Les (Néo) Frères Musulmans et Le Nouvel Esprit Capitaliste: Entre Rigorisme Moral, Cryptocapitalisme et Anticapitalisme (2020). European Eye on Radicalization 2 FRENCH BROTHERS AND CAPITALISM Contents Page Introduction……………………………….……………………………………………………4 Tariq Ramadan: Between Islamism, Anti-Globalization, and Capitalist Imprint ……………….. 8 An Ambivalent Relationship with the ‘Capitalist Spirit’………………………………………10 Yamin Makri: A Neo-Muslim BrotHer Critique of tHe General Modern Economy …………… 14 Nabil Ennasri: Hunting Market Vices, Celebrating its (Muslim) Successes …………………… 18 Abdelaziz CHaambi: From tHe Extreme Left to a Politicized Islam ……………….…………... 22 Conclusion…………………………………………………...……………………………….. 26 3 FRENCH BROTHERS AND CAPITALISM Introduction The New Spirit of Capitalism offers “a minimal definition of capitalism”, wHicH attempts to remain normatively neutral: [O]f the different cHaracterizations of capitalism (or, today frequently capitalisms) over the last century and a Half, we sHall employ the minimal formula stressing an imperative to unlimited accumulation of capital by formally peaceful means. The constant reintroduction of capital into the economic circuit witH a view to deriving a profit — that is to say, increasing the capital, wHicH will in turn be reinvested — is the basic mark of capitalism, endowing it witH a dynamic and transformative power that has fascinated even the most Hostile of observers. -
The Singular Universe and the Reality of Time: a Proposal in Natural Philosophy
philosophies Book Review The Singular Universe and the Reality of Time: A Proposal in Natural Philosophy. By Roberto Mangabeira Unger and Lee Smolin. Cambridge University Press: Cambridge, UK, 2014; 566 pp.; ISBN-10: 1107074061, ISBN-13: 978-1107074064 Matt McManus ID Politics Science and International Relations, Tecnológico de Monterrey, Toronto, ON M6B 1T2, Canada; [email protected] Received: 14 July 2018; Accepted: 17 July 2018; Published: 18 July 2018 To do genuinely interdisciplinary and transdisciplinary work is the goal of many scholars. Some achieve it better than others. But to engage in truly systematic and all-encompassing scholarship almost seems anachronistic, not to mention a trifle arrogant. Given the complexities involved in mastering even a single discipline, who could have the audacity to claim expertise across them all. Such ambition and systematicity, not to mention the borderline audacity that underlies it, is part of the thrill that comes from reading any book Roberto Unger. Where others might painstakingly tie themselves into knots justifying their right to engage in interdisciplinary and transdisciplinary work, Unger simply steamrolls over all objections to think and write about whatever he wishes. In many, this might simply be intellectual over reach. But Unger is the rare exception. His seemingly encyclopediac capacity for philosophical systematization has moved from impressive to genuinely inspiring in his recent work. Unger began his career at Harvard Law in the 1970s, as a founding member of the critical legal theory movement in American jurisprudence. His youthful manuscript, Knowledge and Politics, remains a minor classic and develops a reasonably novel criticism of liberal legalism.