Han Fei and the Han Feizi
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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 . -
Zhou and Qin Ethical Culture and the Cultivation of Socialism Core
Advances in Economics, Business and Management Research, volume 21 3rd Annual International Conference on Management, Economics and Social Development (ICMESD 2017) Zhou and Qin Ethical Culture and the Cultivation of Socialism Core Values Jin-Yu HU School of Humanity, Economy and Law of Northwestern Polytechnical University Deputy director of Postgraduate Administration Department at Chang’an University Keywords: Zhou and Qin Ethical Culture, Socialism core values, Cultivation. Abstract. Zhou and Qin Ethical Culture is the basis and core of Chinese Culture which represents the source and orientation of traditional Chinese Culture. Investigation of the relationship between Zhou and Qin Ethical Culture and socialism core values is not only an important theoretical but also a practical issue. Applying the conviction ethic and responsibility theory of Zhou and Qin Ethical Culture as reference, could have strong inspiration and practical value for the cultivation values with the modern socialism as its core. Introduction Core value is known as the country, society and individual dominated value proposition. It does not exit originally and will not remain the same. The formation of core value requires an “advocated”, “cultivation” and “practice” process. Whether core value can be accepted by populace and become a general consensus, depends on two aspects: 1) if it is compliant with the historical and cultural psychology of our nation, has a basis in the traditional culture, and reflects ethic characteristics; 2) if it is scientifically advanced, complied with the world trend, and reflects the orientation of advancement of our nation. Once these two aspects are met, core value will become a community consensus, and a force to unite the people and direct social progress. -
A New Examination of Confucius' Rectification of Names
Journal of chinese humanities � (���6) �47-�7� brill.com/joch A New Examination of Confucius’ Rectification of Names Cao Feng (曹峰) Professor of Philosophy, Renmin University, China [email protected] Translated by Brook Hefright Abstract Confucius’ explanation of the “rectification of names” is not necessarily related to the theories of “social status” and “names and actuality.” The reason scholars have inter- preted the rectification of names in the Analects in so many different ways is, to a large degree, due to assumptions about Confucius’ thinking by his successors, and based on the views on rectification of names among later generations. In the course of the devel- opment of thinking about names, scholars have augmented Confucius’ own explana- tion, gradually fleshing it out from an empty shell into a substantial edifice. The original meaning may have been very simple: Confucius did not wish to establish a standard system of names. Rather, he was simply the first person in history to realize the impor- tance of language in politics. As a politician, Confucius noticed and foresaw the influ- ence that the indeterminacy, ambiguity, and arbitrariness of names could have on politics. He discerned the political consequences when language could not accurately express meaning or when there was no way for people to accurately perceive it. He also recognized how names, as a way of clarifying right and wrong and establishing norms, could have a great effect on a society’s politics. Although Confucius noted that disunity in speech could lead to disunity in politics, he did not propose a solution. -
Memorial on Annexation of Feudal States and Memorial on the Burning of Books, by Li Si (As Recorded by Sima Qian)
Primary Source Document with Questions (DBQs) M E M O R I A L O N A N N E X A T I O N O F F E U D A L S T A T E S A N D M E M O R I A L O N T H E B U R N I N G O F B O O K S B y L i S i ( a s r e c o r d e d b y S i m a Q i a n ) Introduction Li Si (d. 208 BCE) was, along with the Legalist philosopher Han Fei (d. 233 BCE), a student of Xunzi (c. 310-c. 219 BCE) and an official for the kingdom of Qin. When Qin conquered the remaining feudal states of the Zhou dynasty and built a new, centralized empire, Li Si was prime minister to the first emperor, Qin Shihuang. As prime minister, Li Si had the opportunity to bring Legalist political philosophy to bear on the task of uniting and ruling the patchwork of now-conquered feudal states of the former Zhou kingdom. The memorials below are two examples of the policies that Li Si successfully urged Qin Shihuang to follow. The memorials, in the form that we have them, are recorded by the Han dynasty historian Sima Qian (145?-86? BCE). They may, therefore, reflect Han bias in either the choice made or the accuracy of the record. However, we have no alternative sources from which to compare the record and investigate the nature and extent of whatever bias may be present. -
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. -
Female Infanticide in China: an Examination of Cultural and Legal Norms
FEMALE INFANTICIDE IN CHINA: AN EXAMINATION OF CULTURAL AND LEGAL NORMS Julie Jimmerson* I. INTRODUCTION For the past ten years China has been carrying out an ambi- tious program to keep its population under 1.2 billion by the year 2,000 by limiting most couples to one child.' The program is his- torically one of the most extensive exercises of state control over fertility and is especially significant in a society where the state has traditionally intervened in family matters only rarely and with much reluctance. Not surprisingly, the policy has encountered great resistance, particularly from rural areas, where roughly eighty percent of China's population lives. Pronatal norms have been tra- ditionally strong in the countryside, and these norms have been re- inforced by the recent introduction of economic policies that tend to encourage large families. Government policies have thus placed much of rural society in a dilemma. Couples may either reject the one-child limit and at- tempt to have more children, thereby increasing their net household income (but subjecting them to government sanctions); or they may obey the one-child limit and suffer the economic consequences of a smaller income. Couples whose one child turns out to be a girl are in an even more painful dilemma: cultural norms dictate that daughters marry out and transfer their emotional and economic * J.D. expected 1990, UCLA School of Law; B.A. 1981, University of California, Berkeley. The author would like to thank Professors William Alford and Taimie Bry- ant for their help and encouragement. Any errors are the author's alone. -
Discovering Discrepancies in Numerical Libraries
Discovering Discrepancies in Numerical Libraries Jackson Vanover Xuan Deng Cindy Rubio-González University of California, Davis University of California, Davis University of California, Davis United States of America United States of America United States of America [email protected] [email protected] [email protected] ABSTRACT libraries aim to offer a certain level of correctness and robustness in Numerical libraries constitute the building blocks for software appli- their algorithms. Specifically, a discrete numerical algorithm should cations that perform numerical calculations. Thus, it is paramount not diverge from the continuous analytical function it implements that such libraries provide accurate and consistent results. To that for its given domain. end, this paper addresses the problem of finding discrepancies be- Extensive testing is necessary for any software that aims to be tween synonymous functions in different numerical libraries asa correct and robust; in all application domains, software testing means of identifying incorrect behavior. Our approach automati- is often complicated by a deficit of reliable test oracles and im- cally finds such synonymous functions, synthesizes testing drivers, mense domains of possible inputs. Testing of numerical software and executes differential tests to discover meaningful discrepan- in particular presents additional difficulties: there is a lack of stan- cies across numerical libraries. We implement our approach in a dards for dealing with inevitable numerical errors, and the IEEE 754 tool named FPDiff, and provide an evaluation on four popular nu- Standard [1] for floating-point representations of real numbers in- merical libraries: GNU Scientific Library (GSL), SciPy, mpmath, and herently introduces imprecision. As a result, bugs are commonplace jmat. -
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, -
The Old Master
INTRODUCTION Four main characteristics distinguish this book from other translations of Laozi. First, the base of my translation is the oldest existing edition of Laozi. It was excavated in 1973 from a tomb located in Mawangdui, the city of Changsha, Hunan Province of China, and is usually referred to as Text A of the Mawangdui Laozi because it is the older of the two texts of Laozi unearthed from it.1 Two facts prove that the text was written before 202 bce, when the first emperor of the Han dynasty began to rule over the entire China: it does not follow the naming taboo of the Han dynasty;2 its handwriting style is close to the seal script that was prevalent in the Qin dynasty (221–206 bce). Second, I have incorporated the recent archaeological discovery of Laozi-related documents, disentombed in 1993 in Jishan District’s tomb complex in the village of Guodian, near the city of Jingmen, Hubei Province of China. These documents include three bundles of bamboo slips written in the Chu script and contain passages related to the extant Laozi.3 Third, I have made extensive use of old commentaries on Laozi to provide the most comprehensive interpretations possible of each passage. Finally, I have examined myriad Chinese classic texts that are closely associated with the formation of Laozi, such as Zhuangzi, Lüshi Chunqiu (Spring and Autumn Annals of Mr. Lü), Han Feizi, and Huainanzi, to understand the intellectual and historical context of Laozi’s ideas. In addition to these characteristics, this book introduces several new interpretations of Laozi. -
The Analects of Confucius
The analecTs of confucius An Online Teaching Translation 2015 (Version 2.21) R. Eno © 2003, 2012, 2015 Robert Eno This online translation is made freely available for use in not for profit educational settings and for personal use. For other purposes, apart from fair use, copyright is not waived. Open access to this translation is provided, without charge, at http://hdl.handle.net/2022/23420 Also available as open access translations of the Four Books Mencius: An Online Teaching Translation http://hdl.handle.net/2022/23421 Mencius: Translation, Notes, and Commentary http://hdl.handle.net/2022/23423 The Great Learning and The Doctrine of the Mean: An Online Teaching Translation http://hdl.handle.net/2022/23422 The Great Learning and The Doctrine of the Mean: Translation, Notes, and Commentary http://hdl.handle.net/2022/23424 CONTENTS INTRODUCTION i MAPS x BOOK I 1 BOOK II 5 BOOK III 9 BOOK IV 14 BOOK V 18 BOOK VI 24 BOOK VII 30 BOOK VIII 36 BOOK IX 40 BOOK X 46 BOOK XI 52 BOOK XII 59 BOOK XIII 66 BOOK XIV 73 BOOK XV 82 BOOK XVI 89 BOOK XVII 94 BOOK XVIII 100 BOOK XIX 104 BOOK XX 109 Appendix 1: Major Disciples 112 Appendix 2: Glossary 116 Appendix 3: Analysis of Book VIII 122 Appendix 4: Manuscript Evidence 131 About the title page The title page illustration reproduces a leaf from a medieval hand copy of the Analects, dated 890 CE, recovered from an archaeological dig at Dunhuang, in the Western desert regions of China. The manuscript has been determined to be a school boy’s hand copy, complete with errors, and it reproduces not only the text (which appears in large characters), but also an early commentary (small, double-column characters). -
Official Colours of Chinese Regimes: a Panchronic Philological Study with Historical Accounts of China
TRAMES, 2012, 16(66/61), 3, 237–285 OFFICIAL COLOURS OF CHINESE REGIMES: A PANCHRONIC PHILOLOGICAL STUDY WITH HISTORICAL ACCOUNTS OF CHINA Jingyi Gao Institute of the Estonian Language, University of Tartu, and Tallinn University Abstract. The paper reports a panchronic philological study on the official colours of Chinese regimes. The historical accounts of the Chinese regimes are introduced. The official colours are summarised with philological references of archaic texts. Remarkably, it has been suggested that the official colours of the most ancient regimes should be the three primitive colours: (1) white-yellow, (2) black-grue yellow, and (3) red-yellow, instead of the simple colours. There were inconsistent historical records on the official colours of the most ancient regimes because the composite colour categories had been split. It has solved the historical problem with the linguistic theory of composite colour categories. Besides, it is concluded how the official colours were determined: At first, the official colour might be naturally determined according to the substance of the ruling population. There might be three groups of people in the Far East. (1) The developed hunter gatherers with livestock preferred the white-yellow colour of milk. (2) The farmers preferred the red-yellow colour of sun and fire. (3) The herders preferred the black-grue-yellow colour of water bodies. Later, after the Han-Chinese consolidation, the official colour could be politically determined according to the main property of the five elements in Sino-metaphysics. The red colour has been predominate in China for many reasons. Keywords: colour symbolism, official colours, national colours, five elements, philology, Chinese history, Chinese language, etymology, basic colour terms DOI: 10.3176/tr.2012.3.03 1.