There is yet to be any animal welfare or protection law for domestic animals in China, one of the few countries in the world today that do not have such laws. However, in Chinese imperial law, there were legal provisions adopted more than a 1,000 years ago for the care and treatment of domestic working animals. Furthermore, in traditional Chinese philosophy, animals were regarded as constituent part of the organic whole of the cosmos by ancient Chinese (...) philosophers who saw no strict delineation between humans and non-human animals. Notwithstanding, the attitude and practice towards animals in ancient Chinese life was also ambivalent and was predicated upon the practical utility of animals for the service of humans and society. Such practice can be seen through the legal provisions in imperial China. This paper first discusses animal’s place in traditional Chinese philosophy and then in Chinese imperial law. It raises the issue of the gap discernable from the philosophical thought on animals and practice regarding animals in everyday life in China. The paper argues that given the gap in perception and attitude regarding animals, law can play an important role that moral teaching has not been able to achieve. (shrink)

The descriptive aim of this essay is to sort out and distinguish among some different hermeneutical approaches to Chinese philosophical texts and to make clear that the approach that one employs carries with it important implications about the kind of intellectual project one is pursuing. The primary normative claim is that in order to be doing research in the field of traditional Chinese philosophy, one must make a case for one’s interpretation as representing philosophical views that have (...) been held by Chinese thinkers and that making such a case is a distinctive type of intellectual activity analogous to making a case in a court of law. In addition to this conceptual or methodological point, I argue that the interpretation of Chinese philosophical texts should make clear and take into account the special role that commentary has played throughout the tradition. (shrink)

Contemporary theoretical streams in sinology and modern Chinese philosophy have devoted increasing attention to investigating and comparing the substantial and methodological assumptions of the so-called 'Eastern' and 'Western' traditions. In spite of the complexity of these problems, the most important methodological condition for arriving at some reasonably valid conclusions will undoubtedly be satisfied if we consciously endeavor to preserve the characteristic structural blocks and observe the specific categorical laws of the cultural contexts being discussed. Whenever sinologists speak of (...) class='Hi'>Chinese philosophy, they must inevitably consider the appropriateness of this term. Due to the fact, that the general theory and genuine philosophical aspects of Chinese thought have only rarely been treated by Western scholars, they namely continue to remain quite obscure for the majority of them. Therefore, we must examine the fundamental question (or dilemma) of whether it is possible to speak of traditional Chinese thought as philosophy at all. (shrink)

. The article attempts to show the way in which the notions of “natural law” and “cosmic harmony” have been applied by Western scholars in the interpretation of traditional Chinese thinking about the role of law in society, the extent to which the Western interpretations can be supported by the Chinese sources, and , more specifically, the degree to which official Chinese thought subscribed to a correlation between the occurrence of natural disasters and acts of maladministration (...) or injustice on the part of the emperor and state. Generally it is argued that the extent to which Chinese statesmen and administrators actually believed that errors in the infliction of legal punishment or the sentencing of offenders would produce aberrant natural phenomena has been exaggerated by Western scholars. (shrink)

This book demonstrates how, through cross-tradition engagement, insights from the Chinese philosophical tradition can work with relevant resources from modern logic and contemporary philosophy to enhance our understanding of two basic principles of logic: the law of identity and the law of non-contradiction. The law of identity and the law of non-contradiction are widely accepted principles in logic. However, there are disagreements as to how to understand and treat the genuine structures and contents of these two basic principles. This (...) book provides a holistic inquiry into these principles for the sake of enhancing our understanding and treatment of them from the vantage point of cross-tradition engagement. It begins by offering a philosophical interpretation of three classical texts in Chinese philosophy in their contexts: the Bai-Ma-Lun in Gongsun Long's texts, the Xiao-Qu in the Later Mohist texts, and Lao Zi's Dao-De-Jing in classical Daoism. The author explains an innovative dual-track characterization of relative identity that is informed by relevant resources from these texts as well as Western philosophical traditions. He shows how this cross-tradition engaging approach can make constructive and significant contributions to the jointly concerned fundamental issues of identity and reference in logic, philosophy of logic and language, metaphysics, as well as philosophy more generally. Cross-Tradition Engagement on the Laws of Logic will appeal to scholars and advanced students working in philosophy of logic, philosophy of language, Chinese philosophy, and comparative philosophy. (shrink)

This article examines the social development of Hong Kong's cultural and national identity since its return from the UK to the People's Republic of China nearly six years ago, focusing on the extent to which Hong Kong students are now inculcated in traditional Chinese music and express their devotion to the PRC through singing the national anthem. Hong Kong music teachers experience conflicts concerning their roles as music teachers and as purveyors of values education. These observations raise fundamental (...) questions concerning the sociopolitical function of values education in the music classroom. (shrink)

It is generally recognized that China, while attempting to develop modern scientific medicine in carrying out its national policy for modernization, has also made significant efforts to integrate traditional Chinese medicine into its health care system. For instance, the World Health Organization's first global strategy on traditional and alternative medicine lists China as one of only four of its member states to have attained an integrative health care system. However, medical integration can take many different forms and (...) involve quite different health care standards. A health care standard is a set of mechanisms by which distinct diagnostic and therapeutic practices and products are validated or accredited for use in health care delivery. Traditional Chinese medicine and modern scientific medicine adopt different sets of such mechanisms and thereby engage different health care standards. Accordingly, in appraising the Chinese integrative health care system, it is important to investigate which health care standard has been appealed to. (shrink)

In Mengzi 6A4, Gaozi states that “yì 義 (propriety, rightness) is external, not internal.” In 6A5, Meng Jizi says of yì that “...it is on the external, not from the internal.” Their defenses are met with Mengzi’s resistance. What does he perceive and resist in these statements? Focusing on several key passages, I compare six promising interpretations. 6A4 and a relevant part of 2A2 can be rendered comparably sensible under each of the six. However, what Gaozi says in 6A1 clearly (...) is evidence to Mengzi that, of the six views, Gaozi holds three although he does not convey them in his statement. As for Meng Jiz’s defense of his statement, Meng Jizi cites a special occasion where one is required to act one way even though one would feel a different way. Mengzi’s response has been traditionally interpreted as boiling down to a dissenting opinion about empirical psychology, that the agent on that special occasion would in fact feel the same way as they ought to act. But on a more charitable reading, the point Mengzi makes is conceptual: Though the satisfaction of yì may not require that the feeling and the act align perfectly in this case, cases where the alignment obtains are conceptually prior. This not only refutes Meng Jizi’s statement but also enables a more elegant explanation of why the Mengzi rightly has no record of Mengzi affirming that yì is internal. I conclude that 6A5 itself uniquely favors one interpretation, as far as Meng Jizi’s position is concerned: How one feels is irrelevant to whether one satisfies yì. (shrink)

In his introduction to this symposium, “Religions and Cultures of East and West: Perspectives on Bioethics,” Dr. Robert Sade defined its purpose as follows: “The objective of [our] discussions…is to explore the limits of enhancement technologies in light of what makes us essentially human, in the view of world-wide cultures and religions.”These issues would seem to be at the cutting edge of any informed deliberation concerning the merits of “human enhancement” technologies. For instance, the issue of how “what makes us (...) essentially human” affects our reflection on issues of technological “life enhancement” is raised in a 2007 book by Harvard professor Michael J. Sandel, The Case Against Perfection: Ethics in the Age of Genetic Engineering. (shrink)

This paper explores the subject-matter of the relationship between law and humanity, filling a significant lacuna in philosophy of law in the West today. Doing so, the paper starts with recasting the traditional Chinese conflict—in particular, the conflict between legalism and Confucianism—over law in a new light of the contemporary call for stopping crimes against humanity. It then explores Habermas’ insight into and illusion of law. Finally, it examines the internal relationship between law and humanity, contending that law (...) must always treat humanity as a purpose, not as a tool to other ends, functioning to build a community of humanity; while a distinction exists between justice and benevolence, law must not be inhumane. (shrink)

This Essay examines debates surrounding Qu Tongzu's ‘Confucianization of law’ theory. Qu's theory claims that Chinese law underwent a process of ‘Confucianization’ starting in the Han dynasty (202 BC–220 AD) and ending and culminating in the Tang dynasty (618–907), where the Confucian concept of li and other Confucian moral teachings were introduced and incorporated into the written law. I argue that Qu's theory should be properly characterised as a theory of descriptive jurisprudence and also a form of the mirror (...) thesis. In light of this characterisation, this Essay then lays out the possible counterarguments that could be raised against Qu's theory and then situates existing scholarship in the debate in these categories. I then test Qu's theory using a case study about kinship concealment in traditional Chinese law The Essay then concludes by urging that the debate should include more jurisprudential approaches. (shrink)

Laws of nature are often considered to have played a crucial role in the development of modern science and continue to attract discussions in contemporary philosophy. Is there a similar idea developed in Chinese traditions? Despite its evident significance, there has not been much discussion on this question since Needham (1951) and Bodde (1979). Needham’s answer is no, and one of his main reasons is that China lacks the idea of a divine celestial lawgiver imposing order on natural phenomena; (...) Bodde largely agrees with him. In this paper, I explain why Needham’s arguments are problematic, and by examining Chinese classical texts, I argue that there is an idea of laws of nature, embodied by two notions, dao 道 and li 理. (shrink)

This paper discusses some paradoxical propositions in Chinese tradition, especially the School of Names. It not only explains what Chinese philosophers mean by these propositions and why there are such paradoxes in Chinese philosophy, but also makes an attempt to formulate these paradoxical propositions in the language of symbolic logic. Meanwhile, the paper makes a comparison between Chinese views about contradiction and Aristotle?s law ot non?contradiction and explores the relation between them. It comes to the conclusion (...) that once the difference between Chinese concept of contraries and Aristotle?s is made clear, inconsistency between Chinese paradoxial propositions and Aristotle?s. law of non-contradiction disappears. (shrink)

1. A mainstream view on the origins of the imperial legal tradition in China is that imperial Chinese law underwent a process of Confucianization beginning in the Han dynasty. This point of view, f...

This ambitious book examines the notion of legal transparency from a unique cultural and historical perspective. Drawing from their combined academic and practical experience with both Chinese and Western legal traditions, authors John Head and Xing Lijuan explore how an intense debate — pitting legal transparency against legal opaqueness — unfolded in dynastic Chinese law, which began in the dark mists of history and ended formally just over a hundred years ago. They rely on a wide range of (...) both Western and Chinese sources to explain how that great debate was resolved in the early Han Dynasty (around the third century BCE) in a way that molded Chinese law into a sophisticated legal system that for roughly two millennia balanced definitiveness with vagueness, predictability with flexibility, and egalitarianism with privilege — and that reflected cultural values still resonating in China today. Legal Transparency in Dynastic China presents a clear narrative that assumes no prior expertise in Chinese law or history, and it caters to readers interested in issues of good governance, comparative studies, China, history, and law. The book begins by defining “legal transparency” and explaining where it fits into the larger context of the transparency-in-government movement that has gained such momentum in recent years, especially at the urging of Western powers. Then the book explains the fundamentally different values espoused by early Confucianists, for whom society is best governed not through written law but through the exemplary behavior of a highly educated, virtuous, and enlightened elite. After tracing the political and ideological challenges that the Confucianists faced from the Legalists, Head and Xing examine the compromise that resulted in the so-called “Confucianization of the Law” around 200 BCE. They then show how that alloy of competing ideologies characterized Chinese dynastic law for many centuries, resulting in what some would consider the most enduring and effective legal system in human history. (shrink)

After more than 40 years of development, China has established a relatively complete system of lawyers, including laws and regulations, a unified qualification examination, and lawyers associations. Today, there are nearly 600,000 lawyers working in various fields. However, the Communist regime in China has never adopted the so-called Western values of freedom and equality, the guarantee of human rights, and the rule of law, while the socialist ideology emphasizes the obedience of the individual to the collective and to the power (...) of the State, and thus the Communist Party has always emphasized management and control in its attitude toward lawyers. At the same time, because of its consistency with socialist ideology in many aspects, various concepts of traditional Chinese law have been preserved, which allowed a prejudice against lawyers based on traditional Chinese legal culture to persist to this day, to the extent that many Chinese people lack trust in lawyers. Chinese lawyers have no choice but to tactfully try to come to terms with the Communist Party and overcome traditional attitudes and unfavorable publicity against lawyers. (shrink)

ABSTRACTThe Book of Lord Shang attributed to Shang Yang is one of the most controversial products of ideological debates in pre-imperial China. Forty years ago, Li Yu-ning summarized previous rounds of debates that peaked with the Shang Yang fervor of the early 1970s. The present article takes over where she ended, further exploring trends in studies of the Book of Lord Shang since the Open-up-and-Reform Era. The paper shows that despite a clear tendency of depoliticization of these studies, scholars are (...) still deeply influenced by the tradition of using the figure of Shang Yang as a foil in contemporary political debates. In their evaluation of Shang Yang’s legacy, many contemporary Chinese scholars continue to use traditional views, but also modern ideas such as the “rule of law,” “progress,” “evolution,” “dialectic,” or the Marxist theory of distinct social stages. They all contribute to the ongoing relevance of Lord Shang to current China. (shrink)

The call by Chinese environmentalists for an ecological civilization to supersede industrial civilization, subsequently embraced by the Chinese government and now being promoted throughout the world, makes new demands on legal systems, national and international. If governments are going to prevent ecological destruction then law will be essential to this. The Chinese themselves have recognized grave deficiencies in their legal institutions. They are reassessing these and looking to Western traditions for guidance. Yet law as it has developed (...) in the West, particularly in Anglophone countries, which has crystallized as the tradition of ‘liberal legalism’, is in a state of crisis. Rather than being taken as a cause for despair at the legal traditions of East and West, this challenge could be taken as an opportunity to fundamentally rethink the basis of the law and its role in society and civilization. To overcome the deficiencies in the theory and practice of law in so-called ‘liberal democracies’ I will argue here that it will be necessary to revive and develop the philosophies of law associated with the ‘Radical Enlightenment’. (shrink)

The 1973 archeological discovery of important documents of classical thought known as the Huang-Lao Boshu coupled with advancements in contemporary jurisprudence make possible a reassessment of the philosophies of pre-Qin and early Han China. This study attempts to elucidate the importance of the Huang-Lao school within the intellectual tradition of China through a comparison of the Boshu's philosophical position, particularly its understanding of the relation between law and morality, with the respective views of major thinkers of the period--Confucius, Han Fei, (...) Lao Zi, Zhuang Zi, and to a lesser extent, Shen Dao, Shen Buhai and the authors of the Guan Zi and He Guan Zi. So doing reveals Huang-Lao to be a unique and sophisticated social and political philosophy which, until its expulsion from court by Emperor Wu and subsequent adoption by Daoist religion, served as the ideological foundation for the post-Qin reforms of the early Han. (shrink)

In this essay, I argue for the “inclusive” advantage of John Rawls’s The Law of Peoples through a critical engagement with the political development of modern China. I start by introducing some recent developments in contemporary Chinese political theory, showing why it is now theoretically difficult to imagine that China can be incorporated into a liberal international order as a liberal society. In the main body of the essay, I conduct a comparative study of Joseph Chan’s Confucian perfectionism, a (...) Confucian-inspired political theory embedded in Chinese cultural tradition and constructed for modern China, and the Law of Peoples. The purpose is to reveal that there has already existed a school of Chinese political thought that will incorporate China into the Law of Peoples as a decent Confucian-inspired society and that such a society will accept its global responsibility designated by the duty of assistance yet reject a global difference principle in the global original position. I conclude by suggesting how this potential “inclusiveness” of the Law of Peoples may help to remove some of new disturbance to the ideal of a just and stably peaceful world. (shrink)

This essay sets out to search for an equivalent Chinese word to the English word ‘justice’ in classical Chinese language, through ancient Chinese philosophical texts, imperial codes and idioms. The study found that there does not seem to be a linguistic sign for ‘justice’ in classical Chinese, and further, yi resembles ‘justice’ in some ways and has been used sometimes to translate ‘justice’, but yi is a complex concept in traditional Chinese philosophy with multiple (...) meanings and it is dissimilar to ‘justice’ in their semantic and pragmatic meanings in Chinese and English legal culture. While ‘justice’ is a keyword and fundamental to Western law, yi is not a legal word or concept in classical Chinese in traditional China. Given its complexity, yi does not have a one-to-one equivalent in English. It sometimes carries a sense of ‘righteousness’ and occasionally ‘justice’, but yi and ‘justice’ are not equivalent. In view of these, it becomes understandable that the translations of yi in contemporary Chinese usage vary ranging from ‘friendship and justice’ to ‘greater good’, among others. The meaning of yi is still uncertain and context sensitive as it was two thousand years ago. (shrink)

The subject of the study is the ontological ideas of ancient Chinese music in the context of the formation of philosophical schools of Ancient China, which make it possible to identify a number of philosophical categories that underlie traditional chinese music and outline different approaches to its understanding and interpretation. Most Chinese researchers in the field of musical aesthetics focus on the art of music, rare to pay attention to the philosophical origins of the categories of (...) music that past thinkers wrote about when analyzing laws of existence of the universe. Restoring and rethinking these values in the context of the philosophical and cultural analysis of ancient Chinese music is key to this work, which allows us to gain an understanding of the specifics of ancient Chinese culture and its musical heritage. The novelty of the work lies in carrying out the correlation of genesis of the musical ontology of Ancient China with the dynamics of the formation of the philosophical schools of Confucianism, Taoism and Buddhism, their rise or fall depending on the historical and cultural situation. Musical philosophy in China has not yet become an independent discipline, so the presented work makes a significant contribution to the field of musical ontology. During the study, the authors revealed three main aspects which are basic for the ontology of ancient Chinese music: The nature of music has its source three categories: Tao, air and sound, existing both in a natural state in nature and embodied in musical structure and instruments; Sound and rhythm being the essence to any musical work, organize the sounding space in accordance with the cosmic order; The metaphysical nature of music is justified by the basic principles of Taoist philosophy and number theory. (shrink)

It is widely held that there are no indigenous roots in China for the rule of law; it is an import from the West. The Chinese legal tradition, rather, is rule by law, as elaborated in ancient Legalist texts such as the Han Feizi. According to the conventional reading of these texts, law is amoral and an instrument in the hands of a central ruler who uses law to consolidate and maintain power. The ruler is the source of all (...) law and stands above the law, so that law, in the final analysis, is whatever pleases the ruler. This essay argues, to the contrary, that the instrumentalism of the Han Feizi is more sophisticated and more principled than the conventional reading acknowledges. It suggests that, by examining the text of the Han Feizi through the lens provided by American legal theorist Lon Fuller, we can detect an explicit articulation of what Fuller called the internal morality of law. The principles of this morality are elaborated and their importance explained. In this way, the Han Feizi is retrieved as a significant reference point for thinking about legal reform in China today. (shrink)

It is initially odd to ask whether Confucianism is compatible with systems of law. Confucian thought has co-existed with Chinese legal systems throughout the various dynasties of China’s long history. Nevertheless, despite the extensive laws that China has boasted, traditional Chinese legal thought is not typically recognized as a genuine rule-of-law system, given its focus on moral development and the “rule of man.” In this essay, we argue that Confucianism, specifically Pre-Qin Confucianism, is compatible with the rule-of-law. (...) We examine the different models of compatibility, including “soft compatibilism” in which we examine whether abstract concepts between Confucianism and legal systems are compatible, as well as co-existing and integrating compatibilism. Co-existing compatibilism sees Confucianism and the law occupying different spheres within the same legal system while integrating compatibilism sees Confucianism and the law coming together into a new system. In this way, Confucianism offers China an alternative to liberal democratic and Marxist theories of law. (shrink)

Seminal essays on environmental philosophy from Indian, Chinese, and Japanese traditions of thought. Environmental Philosophy in Asian Traditions of Thought provides a welcome sequel to the foundational volume in Asian environmental ethics Nature in Asian Traditions of Thought. That volume, edited by J. Baird Callicott and Roger T. Ames and published in 1989, inaugurated comparative environmental ethics, adding Asian thought on the natural world to the developing field of environmental philosophy. This new book, edited by Callicott and James McRae, (...) includes some of the best articles in environmental philosophy from the perspective of Asian thought written more recently, some of which appear in print for the first time. Leading scholars draw from the Indian, Chinese, and Japanese traditions of thought to provide a normative ethical framework that can address the environmental challenges being faced in the twenty-first century. Hindu, Buddhist, Confucian, and Daoist approaches are considered along with those of Zen, Japanese Confucianism, and the contemporary philosophy of the Kyoto School. An investigation of environmental philosophy in these Asian traditions not only challenges Western assumptions, but also provides an understanding of Asian philosophy, religion, and culture that informs contemporary environmental law and policy. J. Baird Callicott is University Distinguished Research Professor of Philosophy at the University of North Texas and author and editor of many books, including Beyond the Land Ethic: More Essays in Environmental Philosophy, also published by SUNY Press. James McRae is Associate Professor of Philosophy and Religion at Westminster College in Missouri. He is the coeditor (with Robert Arp and Adam Barkman) of The Philosophy of Ang Lee. (shrink)

Socialist courts are supposed to apply the law, not make it, and socialist legality denies judicial decisions any precedential status. In 2011, the Chinese Supreme People’s Court designated selected decisions as Guiding Cases to be referred to by all judges when adjudicating similar disputes. One decade on, the paucity of citations to Guiding Cases has been taken as demonstrating the incongruity of case-based adjudication and the socialist legal tradition. Citations are, however, an imperfect measure of influence. Reproduction of language (...) uniquely traceable to Guiding Cases can also be evidence of their impact on judicial decision-making. We employ a local alignment tool to detect unattributed text reuse of Guiding Cases in local court decisions. Our findings suggest that Guiding Cases are more consequential than commonly assumed, thereby complicating prevailing narratives about the antagonism of socialist legality to case law. (shrink)

This article argues that observing natural laws is crucial for preserving peace in nations across the world. Traditional natural law theories are, however, flawed and outdated. To truly modernize natural law, we propose a new concept, “political natural law” (PNL), which has the capacity of curing these flaws. We then substantiate the PNL s from the result of analyzing the institutional causes of civil wars since 1800, and link them to human dignity. Drawing partly on the Confucian scholarship on (...) natural law and human dignity, we argue that the mutual respect of human dignity is essential to building and sustaining global peace. (shrink)

The volume comprises a selection of papers delivered at the 24th IVR World Congress. All papers address the challenge of the construction of a Global Ethics in the context of fragmented and pluralist societies, in which the idea of an Ethical Space seems to be an unachievable project, but also an indispensable device for cooperation between individuals, communities and states.The idea of a Global Ethics is to be constructed from within different traditions and environments with a mutual understanding and exchange (...) of opinions. In this volume, we combine the ideas of Harmony (typical of the traditional Chinese legal philosophy) and of the Rule of Law (as it is understood in Western societies) to new ideals. By acknowledging the potential that these ideals have on a global scale, the papers of the first section, Ethical Dimensions of the Rule of Law address some of the key ethical problems in today's world. In a second section, some of the leading legal philosophers in China propose a way to incorporate the values of Harmony and of the Rule of Law into the Chinese Law and Society. (shrink)

Western materialism and dialectics are different from their Chinese analogues. The informed perspective presented here may rouse a sensitivity to these differences in a tongbian reading of Marxist philosophy on the part of Chinese intellectuals; Marxism is no longer exactly what it is understood to be in the Western tradition. Ai Siqi's discussions of "materialism" and "the interpenetration of opposites" exemplify how Chinese Marxism draws on tongbian to read Marx and Engels in a distinctly different way. Little (...) in Ai's thought can be identifiable with Engels' law of unity of contradiction, where all motion consists of the interplay of attraction and repulsion, and the form of motion is what physics terms "energy." Following Hall and Ames on correlative thinking in the Chinese tradition, it is argued that certain Western cosmological assumptions have led to differences between Western Marxism and particular philosophical currents in the Chinese tradition, and that Chinese Marxism has developed from a culture and tradition that cannot be understood fully in terms of Western categories. (shrink)

This article considers the meaning of the ancient Chinese magic square Luoshu. It is known that this square is the most ancient of this type of squares. The importance of the magic square in the philosophical tradition and in the whole culture of China is large. The ancient understanding of number differs from the modern one by its dual character, combining the features of philosophical symbolism and mathematical constructions. Unfortunately, modern interpretations of the Luoshu as well as other numerical (...) constructions preserved by the Chinese tradition are too often limited to a superficial statement of their symbolic, “numerological” nature, ignoring the effects of the mathematical structure represented by them. At the same time, some scholars strongly emphasize the intuitive aspects of numerology, which do not presuppose accuracy. On the contrary, Leibniz saw in the Chinese binary system of thinking the beginning of an exact universal language. The author, appealing to the concept of A.A. Krushinskiy, analyzes the arithmetic laws of the structure of the square. The article shows that the magic square Luoshu is not a numbers game. Without any doubt, its main meaning lies in the application of arithmetic. Chinese magic square is an illustrative implementation of one of the main features of Chinese language and traditional thinking – its rational and mathematical basis. The Luoshu square is a vivid example of visual constructivism in the Chinese style of thinking. By means of the magic square’s scheme, the procedure of generalization that is a basis of concepts formation is carried out. This procedure uses a mathematical magic square algorithm based on the numerical codes of the five elements. The quinary spontaneous symbolism is rooted in the Chinese traditional culture of thinking and life order. (shrink)

This essay argues that the Chinese Mental Health Act of 2013 is overly individualistic and fails to give proper moral weight to the role of Chinese families in directing the process of decision-making for hospitalizing and treating the mentally ill patients. We present three types of reactions within the medical community to the Act, each illustrated with a case and discussion. In the first two types of cases, we argue that these reactions are problematic either because they comply (...) with the law but undermine the patient’s interests by refusing the family’s request to have the patient hospitalized, or violate the law by hospitalizing patients in response to the real concerns of their families. In the third type of situation, psychiatrists inappropriately encourage families to produce evidence of the patient’s behavior that is harmful to self or others in order legally to commit the patient. Each of these problems, we conclude, should be tackled by supplementing Article 30 of the Act with the stipulation that a psychiatrist may authorize the involuntary hospitalization of a patient, who is not at risk of causing physical harm to self or others, with the consent of all major family members. Drawing on the deeply culturally embedded moral traditions of Confucian medical familism, this proposal would facilitate the proper treatment of a significant number of Chinese mentally ill patients under the care of their families. (shrink)

These essays by leading scholars illustrate the complexity and range of philosophical issues raised by consideration of law and social justice. The contributors to Law and Social Justice examine such broad foundational issues as instrumentalist versus Kantian conceptions of rights as well as such specific problems as the admissibility or inadmissibility of evidence of causation in toxic tort cases. They consider a variety of subjects, including the implications of deliberative democracy for privacy rights, equality as a principle of distributive justice, (...) the paradox of "moral luck," the treatment of intellectual property in China and its roots in Chinese tradition, and the extent to which initial acquisition of goods yields full property rights. Two special sections at the end of the volume discuss the treatment of law and social justice issues in the work of two philosophers: "Wittgenstein and Legal Theory," on the influence of Wittgenstein's thought on legal philosophy, and a discussion of Jules L. Coleman's The Practice of Principle, which concludes with a contribution, "Facts, Fictions, and the Grounds of Law," by Coleman himself. (shrink)

This paper concentrates on Schmitt’s concept of the Großraum, and its relevance to international relations and international law as perceived by some notable contemporary Chinese thinkers. I explain the general relevance of Schmitt’s The Nomos of the Earth for contemporary Chinese thinkers, then examine the concept of the Großraum its possible incorporation into international law and relations. I considers whether the Großraum model in which regional hegemons are recognized internationally and juridically, would help to resolve China’s conflicting relationship (...) with the United States. I also consider whether an alleged cosmopolitanism, based on the global acceptance of human rights norms, would be incompatible with regional powers that reject the universality of liberal values. (shrink)

To develop more effective ethics education for cross-cultural and international engineering, a study was conducted to determine what Chinese engineering students have learned and think about ethics. Recent research shows traditional approaches to ethics education are potentially ineffective, but also points towards ways of improving ethical behaviors. China is the world’s most populous country, graduating and employing the highest number of STEM majors, although little empirical research exists about the ethical knowledge and perspectives of Chinese engineering students. (...) When compared to engineering students in the US, Chinese engineering students received less ethics education; the form of the education they did receive stressed virtue ethics or the development of moral character; conceive of ethics in contradistinction to the law, where ethics deals with matters of right and wrong not covered by legality. Based on these findings and research in moral psychology and behavioral ethics, recommendations are made for improving engineering ethics education both in China and abroad. (shrink)

The debate over the existence of a “public sphere” in China’s Late Qing/Early Republican era began nearly three decades ago, but it has yet to generate a special socio-cultural review on the “Confucian social imaginary” of the Chinese people. The article builds on existing “economic-political approach” and “idea-communication approach” to argue decisive factors hindering the development of a Habermasian “public sphere.” These includes (1) people’s traditional-collectivist lifestyle, (2) lack of understanding of “universal equality,” (3) conservative self-positioning during social (...) transition, (4) regionalist attitude toward outsiders, (5) lack of access to Enlightenment ideas, (6) disregard for parliamentary systems, and (7) ignorance of the rule of law. (shrink)

The Water Margin is a great Chinese classical novel; Wu Song’s 武松 killing of his sister-in-law, Pan Jinlian 潘金蓮, is one of the most popular episodes of the novel. It depicts Wu as the hero and defender of traditional values, and Pan as the adulterous woman. In contemporary discussion, there has been a dearth of ethical analyses regarding Wu’s killing of Pan. How should we judge the moral status of his action? Does the killing signify Wu Song’s ethical (...) achievement or his ethical failure? What does the killing tell us about Wu’s character or his virtues? Does our appraisal of Wu’s action square with our modern belief regarding the treatment of women? I will examine these questions in the article. (shrink)

The most pronounced and fundamental characteristic of Chinese ethical thought was the integration of ethical principles and the lineage relationships under the rule of the clan law , which brought about the formation of a clan-law system whose core components were the concepts of loyalty and filial obedience . All other characteristics of Chinese ethics in other areas stemmed from, or can be extrapolated from, this particular characteristic. The difference between China's traditional society and those of classical (...) Greece or Rome lies in the fact that it came to the stage of being a civilized society through its own peculiar route. Comrade Hou Wailu once summed up these different routes of entrance into civilized society in the following way: [The path followed by the] ancient world of the classical era [in the West] is a path represented by the transition from the tribes or clans to private property ownership, and then to the state . It is a model of transition in which the state took the place of the clan. On the other hand, [the path followed by] ancient and traditional Asia was a [more direct] transition from the clan to the state, in which the state came to be mingled with the clan—this is what is meant in Chinese by the term society . The fundamental difference between these two patterns is that in the former model, the state demolished the relationships that had existed in the lineage-bound clans, and therefore, in that model, innate and necessary connections did not exist between the clan and the state. The latter model was quite the opposite. Not only were the lineage clans never demolished; on the contrary, they became the foundation on which the state relied for its existence. The state was mingled in with the clan, and there was no separation between clan and state. It is precisely this odd mixture, or integration, of clan and state that produced the feudal clan-law system that not only existed in China for several thousands of years, but also persisted stubbornly throughout Chinese history. It is also this mixture that produced the corresponding political-ethical feudalistic clanlaw ideology. (shrink)

The concept of matter is the cornerstone of philosophical materialism. In each of the nations and cultures of the world it has undergone a long historical process of change and development. To study these concepts of matter from a comparative perspective will undoubtedly help to clarify the general laws governing human philosophical thinking and their various characteristics in the many cultural traditions of the peoples of the world.

This article analyzes the treatment of music in Buddhist monastic life through the rules on music in Buddhist canon law within the six extant traditions, which are preserved in Chinese, Tibetan, Pāli, and fragmentary Sanskrit manuscripts. These texts distinguish and differentiate instrumental and vocal music, presenting song, dance, and instrumental music as a triad and further subdividing vocal music into reciting, chanting, and singing. The performance and consumption of singing is strictly prohibited. Regulations on chanting and recitation are mutually (...) exclusive and context dependent. Chanting is required on two occasions: when one praises the Buddha’s virtues and when one performs the Tridaṇḍaka ritual. Chanting is prohibited on three other occasions: when one recites the Prātimokṣasūtra and other ordinary Buddhist texts, and when one preaches Dharma. These regulations demonstrate that text and context are decisive in determining what forms of vocal music are appropriate in Buddhist practice. The use of embellished chanting is reserved for performing rituals whose primary goal is to please divine recipients but must be prohibited when clear articulation is expected for educating the audience. Given that making or consuming vocal music is not a criminal offense, yet is strictly regulated, I argue that the establishment of Buddhist canon law was compelled by a pressing demand to demarcate and maintain a social boundary between the Buddhist monastic order and the lay community of adherents. (shrink)

Similar case analysis (SCA) is an essential topic in legal artificial intelligence, serving as a reference for legal professionals. Most existing works treat SCA as a traditional text classification task and ignore some important legal elements that affect the verdict and case similarity, like legal events, and thus are easily misled by semantic structure. To address this issue, we propose a Legal Event-Context Model named LECM to improve the accuracy and interpretability of SCA based on Chinese legal corpus. (...) The event-context integration mechanism, which is an essential component of the LECM, is proposed to integrate the legal event and context information based on the attention mechanism, enabling legal events to be associated with their corresponding relevant contexts. We introduce an event detection module to obtain the legal event information, which is pre-trained on a legal event detection dataset to avoid labeling events manually. We conduct extensive experiments on two SCA tasks, i.e., similar case matching (SCM) and similar case retrieval (SCR). Compared with baseline models, LECM is validated by about 13% and 11% average improvement in terms of mean average precision and accuracy respectively, for SCR and SCM tasks. These results indicate that LECM effectively utilizes event-context knowledge to enhance SCA performance and its potential application in various legal document analysis tasks. (shrink)

In this article, we analyzed the effect of various factors on moral judgment and ethical attitudes of working persons. It was found that the effect of various socio-demographic factors on ethical attitudes varied between the two different categories of ethical issues under study, issues which involve explicit violation of laws vis-à-vis issues which involved social concerns. Our results did not support the implication of Callahan’s hypothesis that males are more sensitive to rule-based ethical issues while women are to issues involving (...) social concerns; it was found that females have a lower acceptability of unethical behaviors related to both categories of issues in Hong Kong, whereas gender effect was not statistically significant in Mainland China. University education also had no significant effect on ethical attitudes. Religion played an important role in affecting ethical attitudes, however, its effect varied with different types of religions; Christianity was found to be most favorable to higher ethical standards, but people of traditional Chinese religion had a higher acceptability of unethical behaviors involving social concerns compared to people with no religion. Our finding also indicated that employees in state-owned enterprises, private employees, employees in foreign-investment firms, and employers in Mainland China all had a higher acceptability of unethical law-breaking behaviors compared to workers in collectives, throwing doubt on the validity of convergence theory in Mainland China. (shrink)

Specific Chinese models for theories of knowledge were premised upon a structurally ordered external reality; since natural (or cosmic) order is organic, it naturally follows the 'flow' of structural patterns and operates in accordance with structural principles that regulate every existence. In this worldview, our mind is also structured in accordance with this all-embracing, but open, organic system. The axioms of our recognition and thought are therefore not arbitrary, but follow this rationally designed structure. The compatibility of both the (...) cosmic and mental structures is the basic precondition that enables humans to perceive and recognize external reality. The present study shows that this paradigm of structural epistemology can already be found in the earliest Chinese theories of knowledge. The introduction of Chinese models and their incorporation into Western discourses fills an important theoretical gap in the Western model of structuralism. This book offers an insight into epistemological systems that arose outside the discourses of the Euro-American tradition. It can thus help us to eliminate and supersede certain culturally conditioned prejudices as to the superiority and omnipresence of Western theoretical models, while demonstrating incontrovertibly that the results of Western discourses are by no means the only force driving theoretical innovation at the present time. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Utopia and Modernity in China: Contradictions in Transition ed. by David Margolies and Qing CaoArtur BlaimDavid Margolies and Qing Cao, eds. Utopia and Modernity in China: Contradictions in Transition. London: Pluto Press, 2022. 176 pp. Paperback, £19.99, ISBN 978 0 7453 4739 4In recent years, numerous publications have appeared focusing on the until now little known non-Western utopias and utopianism.1 Utopia and Modernity in China is a most (...) welcome addition, offering a highly informative survey of Chinese utopias and utopianism combined with an insightful discussion of their formative role in the making of modern China. The book consists of seven chapters introducing different aspects of the opposition of utopia and modernity as exemplified by various cultural productions and their impact on the social and political life of the country. Its publication has acquired a special relevance today not only due to China’s increasingly major role in the contemporary world, but also in connection with its official support of the [End Page 143] Russian invasion of Ukraine, contradicting its repeatedly declared adherence to the principles of international law and the ideals of national sovereignty, noninterference, and harmony in international affairs.Although the term utopia appeared in Chinese discourse only at the end of the nineteenth century, the idea of a radically better society has always existed in China, assuming different forms and shapes. The contributors to the volume trace the functioning of the broadly conceived phenomenon of utopian thinking in various domains of Chinese cultural, social, and political life, paying special attention to literary and cinematic works. The declared aims of the book are not only cognitive but also pragmatic as the editors believe that recent Chinese history involving “fundamental conflict of values,” the country’s experiences with economic systems that fail to supply the needs of the population, and the emergence of a society based on inequality, can be seen as highly relevant in the Western context also, to the extent that—as the editors convincingly argue—it “can provide English-language readers with a perspective useful for making sense of their own condition” (2).The editors see the opposition of utopia and modernity as less significant in the Western context than in China, where modernity became essential for preserving the integrity of the state torn by the conflict between the traditional values of nonconfrontation and continuity and the urgent need for significant change. Unlike in the West, where the dominant view of modernity was largely influenced by the Platonic model of the society in which the class of rulers was protected by the military class controlling the rest of the population, the Confucian model of social relations prevalent in China was based—at least in theory—on the principle of harmony rather than force. Other factors defining the Chinese variety of utopianism were Taoism, emphasizing the importance of nature and “The Way,” and Buddhism, advocating the limitation of needs and control of desires. The editors see this as “the reverse of the West’s view: for China, utopia (in the aspect of harmony) is the expectation, the desired normal, while modernity is the disrupter” (4) which is responsible for the predominance of the nostalgic utopia looking backwards to the idealized harmony of the past. The revolutions taking place in China in the twentieth century led to the decline of traditional ideals and brought with them experiments with the implementation of various Western ideologies, ranging from liberalism and democracy to socialism and communism. As a result, there are three main tendencies in the value system of contemporary China: orthodox communism, market-based liberalism, and [End Page 144] values derived from traditional Chinese culture. Nevertheless, the state continues to be generally seen in Confucian terms as an extension of the family based on moral authority rather than as “necessary evil.”The first chapter, “The Lure of Utopia: Reinterpreting Liang Qichao’s Xinmin Shuo, 1902–1906,” proposes a new perspective on the ideas of Liang Qichao, a highly influential early twentieth-century political activist, journalist, and intellectual, by focusing on the ways in which he advanced a utopian vision of the West as a radical alternative to the traditional Chinese social views. Liang... (shrink)

Traditional Chinese philosophy, if engaged at all, is often regarded as an object of antiquated curiosity and dismissed as unimportant in the current age of globalization. Written by a team of internationally renowned scholars, this book, however, challenges this judgement and offers an in-depth study of pre-modern Chinese philosophy from an interdisciplinary perspective. Exploring the relevance of traditional Chinese philosophy for the global age, it takes a comparative approach, analysing ancient Chinese philosophy in its (...) relation to Western ideas and contemporary postmodernist theories. The conversation extends over a broad spectrum of philosophical areas and themes, ranging from metaphysics, hermeneutics, political theory, religion and aesthetics to specific philosophical schools including Confucianism, Daoism, and Buddhism. By engaging many time-honoured philosophical issues from a comparative perspective, this book bridges the gap between Eastern and Western thought and emphasises the need for a newly fortified global humanism and a deeper appreciation of different philosophical and religious values in an age gripped by large-scale crises. Arguing that traditional Chinese philosophy has immediate relevance to the many challenges of modern life, this book will be useful to students and scholars of Asian Philosophy and Asian Studies in general. (shrink)