Confucian Virtue Jurisprudence
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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 . -
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. -
A Confucian Defense of Shame: Morality, Self-Cultivation, and the Dangers of Shamelessness
religions Article Article Article A ConfucianA Confucian Defense Defense of Shame: of Shame: Morality, Morality, Self-Cultivation, Self-Cultivation, A Confucian Defense of Shame: Morality, Self-Cultivation, and theand Dangers the Dangers of Shamelessness of Shamelessness and the Dangers of Shamelessness Mark BerksonMark Berkson Mark Berkson Department of Religion,Department Hamline of Religion, University, Hamline St. Paul, University, MN 55104, St. USA;Paul, [email protected] 55104, USA; [email protected] Department of Religion, Hamline University, St. Paul, MN 55104, USA; [email protected] Abstract: ManyAbstract: philosophers Many and philosophers scholars in and the scholars West have in the a negative West have view a negative of shame. view In muchof shame. In much of Abstract: Many philosophers and scholars in the West have a negative view of shame.of post-classical In much ofpost-classical Western ethical Western thought, ethical shame thought, is compared shame is negativelycompared negatively with guilt, with as shame guilt, isas shame is asso- post-classical Western ethical thought, shame is compared negatively with guilt, asassociated shame is asso- withciated the “outer”, with the how “outer”, one appears how one before appears others before (and othe thusrs is (and merely thus a is matter merely of a “face”), matter of “face”), and ciated with the “outer”, how one appears before others (and thus is merely a matterand of “face”), guilt is and associatedguilt is associated with the “inner”with the realm “inner” of therealm conscience of the conscience and soul. and Anthropologists soul. Anthropologists and and philoso- guilt is associated with the “inner” realm of the conscience and soul. -
Basic Ethical Terms of Confucianism
ROCZNIKI TEOLOGICZNE Volume LXIV, issue 3 – 2017 English version DOI: http://dx.doi.org/10.18290/rt.2017.64.3–4en ∗ REV. SŁAWOMIR NOWOSAD BASIC ETHICAL TERMS OF CONFUCIANISM Abstract. Confucianism has been a leading Chinese philosophical and ethical tradition for a long time. Not just Confucius himself but also Mencius and Xunzi contributed to its de- velopment over the centuries. In this paper the principal ethical notions of Confucianism–junzi , dao , ren and li – are characterized in their rich essence and unique context. Though ostensibly having much in common, those concepts can be paralleled to the Western ones only with difficulty and to a limited extent. Key words: Confucianism; Confucian ethics; junzi ; dao ; ren ; li . Among the philosophical systems of Chinese antiquity, Confucianism ap- pears to be the most common one, permanently shaping mentality and cus- toms of many societies.1 Despite many years of efforts to introduce atheism to Chinese society in the 20 th century and despite attempts to eradicate Con- fucian values and norms of life, Confucian system has, to some extent, re- mained present as a philosophy of thinking and ethics of acting. Confucius (551–479 BC), who gave name and started this system, lived in the final stage of the restless Spring and Autumn period (8 th—5th century BC), during the reign of the Zhou dynasty.2 He was a teacher and educator, a philosopher and publisher. He was also engaged in politics, performing the function of the Minister of Crime. He was familiar with music and poetry. Confucius ∗ Rev. Dr hab. SŁAWOMIR NOWOSAD , prof. -
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. -
Consequentialism and Moral Responsibility
Consequentialism and Moral Responsibility Draft of September 2015 Elinor Mason For Christian Seidel (ed.) Consequentialism: new directions, new problems? OUP, forthcoming. There are two different ways of thinking about the relationship between consequentialism and moral responsibility. First, we might think that consequentialism can give us an account of responsibility. I discuss this possibility briefly, and then set it aside. The other way of thinking about the relationship is the focus of this paper. The question that concerns me, is, to what extent is a normative theory, consequentialism in particular, constrained by requirements that stem from concerns about responsibility? 1. Consequentialist Accounts of Moral Responsibility J.J.C. Smart suggests that we can extend consequentialist reasoning about morality to reasoning about responsibility. One of the attractions of consequentialism is that it provides such a straightforward and attractive account of justification for our moral practices. Why do we pay our taxes, treat each other with respect, look after each other and so on? Because doing so has good consequences. However, this sort of justification, though very appealing when considering moral practice, becomes extremely counterintuitive in other sorts of case. For example, it seems obvious that justification for beliefs cannot be consequentialist. Beliefs must be justified in some way that relates to their truth, though of course there is disagreement about exactly what makes a belief justified. Similarly, so a familiar line of thought goes, whether or not someone is responsible for an act, or for anything else, cannot be determined by looking at the consequences of holding them responsible. The claim that 1 responsibility can be understood in a consequentialist way seems like a category mistake.1 Smart’s view might be correct that, insofar as praising and blaming are actions, consequentialists should take the value of the consequences of performing those acts as the relevant factor in deciding whether or not to perform them. -
Philosophy of Science -----Paulk
PHILOSOPHY OF SCIENCE -----PAULK. FEYERABEND----- However, it has also a quite decisive role in building the new science and in defending new theories against their well-entrenched predecessors. For example, this philosophy plays a most important part in the arguments about the Copernican system, in the development of optics, and in the Philosophy ofScience: A Subject with construction of a new and non-Aristotelian dynamics. Almost every work of Galileo is a mixture of philosophical, mathematical, and physical prin~ a Great Past ciples which collaborate intimately without giving the impression of in coherence. This is the heroic time of the scientific philosophy. The new philosophy is not content just to mirror a science that develops independ ently of it; nor is it so distant as to deal just with alternative philosophies. It plays an essential role in building up the new science that was to replace 1. While it should be possible, in a free society, to introduce, to ex the earlier doctrines.1 pound, to make propaganda for any subject, however absurd and however 3. Now it is interesting to see how this active and critical philosophy is immoral, to publish books and articles, to give lectures on any topic, it gradually replaced by a more conservative creed, how the new creed gener must also be possible to examine what is being expounded by reference, ates technical problems of its own which are in no way related to specific not to the internal standards of the subject (which may be but the method scientific problems (Hurne), and how there arises a special subject that according to which a particular madness is being pursued), but to stan codifies science without acting back on it (Kant). -
The Status of Cosmic Principle (Li) in Neo-Confucian Metaphysics
jeeloo liu THE STATUS OF COSMIC PRINCIPLE (LI) IN NEO-CONFUCIAN METAPHYSICS Introduction In this article, I attempt to make use of Western metaphysical notions to explicate the cosmological variances in Chinese philosophical thinking, with specific reference to the debates among the Neo- Confucian thinkers. While I do not presume and argue that Chinese philosophers dealt with the same Western issues, I do believe that a comparative study of this nature can point to a new direction of think- ing concerning metaphysical pondering in Neo-Confucianism. This article is divided into three parts. In Part I, I employ Robert Nozick’s notion of natural cosmic state to analyze the fundamental difference between the Confucian and Daoist cosmologies. Even though this notion of natural cosmic state has no comparable match in Chinese philosophy, it may serve as an analytic and explanatory device for our comparative study of Chinese cosmology. In Part II, I employ Nicholas Rescher’s distinction between “laws of nature” and “laws for nature” to analyze the debate on the status of cosmic prin- ciple (li)a between Zhou Dunyib and Zhu Xic on the one hand, and Zhang Zaid and Wang Fuzhie on the other.1 In Part III, I employ the notion of supervenience,as defined by Jaegwon Kim,to argue that in the debate on the status of cosmic principle, it is Zhang Zai and Wang Fuzhi’s view that better preserves the causal relevance of cosmic principle in a physicalistic universe.2 In light of the three notions borrowed from contemporary Western metaphysics, I hope to offer an analytic reconstruction of the age-old debate on the status of cosmic principle (li). -
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, -
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. -
Han Feizi's Criticism of Confucianism and Its Implications for Virtue Ethics
JOURNAL OF MORAL PHILOSOPHY Journal of Moral Philosophy 5 (2008) 423–453 www.brill.nl/jmp Han Feizi’s Criticism of Confucianism and its Implications for Virtue Ethics * Eric L. Hutton Department of Philosophy, University of Utah, 215 S. Central Campus Drive, CTIHB, 4th fl oor, Salt Lake City, UT 84112, USA [email protected] Abstract Several scholars have recently proposed that Confucianism should be regarded as a form of virtue ethics. Th is view off ers new approaches to understanding not only Confucian thinkers, but also their critics within the Chinese tradition. For if Confucianism is a form of virtue ethics, we can then ask to what extent Chinese criticisms of it parallel criticisms launched against contemporary virtue ethics, and what lessons for virtue ethics in general might be gleaned from the challenges to Confucianism in particular. Th is paper undertakes such an exercise in examining Han Feizi, an early critic of Confucianism. Th e essay off ers a careful interpretation of the debate between Han Feizi and the Confucians and suggests that thinking through Han Feizi’s criticisms and the possible Confucian responses to them has a broader philosophical payoff , namely by highlighting a problem for current defenders of virtue ethics that has not been widely noticed, but deserves attention. Keywords Bernard Williams, Chinese philosophy, Confucianism, Han Feizi, Rosalind Hursthouse, virtue ethics Although Confucianism is now almost synonymous with Chinese culture, over the course of history it has also attracted many critics from among the Chinese themselves. Of these critics, one of the most interesting is Han Feizi (ca.