The Book of Lord Shang: A Classic of the Chinese School of Law

The Lawbook Exchange, Ltd.
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The Book of Lord Shang was probably compiled sometime between 359 and 338 BCE. Along with the Han Fei-Tzu, it is one of the two principal sources of Legalism, a school of Chinese political thought. Legalism asserts that human behavior must be controlled through written law, rather than ritual, custom or ethics, because people are innately selfish and ignorant. The law is not effective when it is based on goodness or virtue; it is effective when it compels obedience. This is essential to preserve the stability of the State. Reprint of Volume XVII in Probsthain's Oriental Series. With a Chinese index and an index of names and references. "The Book of Lord Shang or Shang-tzu is said to consist of 29 paragraphs, of which the text for nos. 16, 21, 27, 28 and 29 being no longer extant. The translation of Prof. Duyvendak therefore covers only twenty-four paragraphs and is based on an edition published by Yang Wan-li in 1793, which was reprinted by the Chê-chiang-shu-chü in 1876 in the "Collection of Twenty-two Philosophers." Of all the editions published before or after that date, this is the best known. (...) The Chinese text of the Book, like many other ancient writings, is obscure in some parts and corrupt in others. (...) The reviewer is therefore forcibly struck by the faithfulness, definiteness and clearness of Dr. Duyvendak's translation." --13 Chinese Soc. & Pol. Sci. Rev. 459-460, 462 1929. J.J.L. Duyvendak [1889-1954] was an interpreter for the Dutch embassy in Peking from 1912-1918. In 1919 he became a lecturer in Chinese at the University of Leiden. He was the author of China's Discovery of Africa; Lectures Given at the University of London on January 22 and 23, 1947 (1949) and edited and translated several works, including The Diary of His Excellency Ching-shan; Being a Chinese Account of the Boxer Troubles by Shan Jing (1924). He established the Sinological Institute at the University of Leiden in 1930. It is now one of the leading libraries for Chinese Studies in the Western world.
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Publisher
The Lawbook Exchange, Ltd.
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Published on
Dec 31, 2003
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Pages
346
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ISBN
9781584772415
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Language
English
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Genres
History / Asia / China
Law / Jurisprudence
Law / Reference
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This content is DRM protected.
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This volume presents elite conflicts and political controversies in China from 1895 to 1978 as rooted in two diametrically opposed visions of leadership and political authority: a radical, charismatic model that instills absolute authority in the single leader whose "will" guides the polity and whose "word" is the basis of policy formulation, versus an institutional model in which authority inheres in organization and where “collective” leadership and decision-making govern the political realm. The former model in modern Chinese history entailed a "leader principle" and personality cult that began with Sun Yatsen and Chiang Kaishek in the Nationalist Party (KMT) and reached its peak with the leadership cult of Chinese Communist Party (CCP) Chairman Mao Zedong, especially during the 1966-1976 Great Proletarian Cultural Revolution. The latter model with its emphasis on “collective leadership” (jiti lingdao) and "administrative rationalism" began as a reaction among early members of the CCP against the promotion of the Sun and Chiang leadership cults and became a central governing principle in the Communist Party that served as official leadership doctrine beginning with the formation of the Party in 1921.

While tensions over leadership issues were relatively muted in the pre-1949 period and early 1950s of CCP history as an apparent "compromise" was reached in which from 1943 onward a cult of the leader was promoted for propaganda purposes but with collegial decision-making governing inner Party decision-making, the mid-to-late 1950s saw this "compromise" among the top leadership come under increasing strain and finally break down. Devoted to a fundamentally different vision of a "socialist" China from other top leaders on a number of economic, social, and political fronts, Mao Zedong pushed his domination of the policy process that ultimately provoked a wholesale assault on the CCP apparatus throughout the country while the leader cult reached mythic proportions during the Cultural Revolution. Confronted by the possibility of civil war and generally opposed to the takeover of the polity by the radical Gang of Four led by his wife Jiang Qing, by the mid-1970s the aging great leader acquiesced to the rebuilding of the CCP along traditional, "institutional" lines.
In early China, was it correct for a woman to disobey her father, contradict her husband, or shape the public policy of a son who ruled over a dynasty or state? According to the Lienü zhuan, or Categorized Biographies of Women, it was not only appropriate but necessary for women to step in with wise counsel when fathers, husbands, or rulers strayed from the path of virtue.

Compiled toward the end of the Former Han dynasty (202 BCE-9 CE) by Liu Xiang (79-8 BCE), the Lienü zhuan is the earliest extant book in the Chinese tradition solely devoted to the education of women. Far from providing a unified vision of women's roles, the text promotes a diverse and sometimes contradictory range of practices. At one extreme are exemplars resorting to suicide and self-mutilation as a means to preserve chastity and ritual orthodoxy. At the other are bold and outspoken women whose rhetorical mastery helps correct erring rulers, sons, and husbands. The text provides a fascinating overview of the representation of women's roles in early legends, formal speeches on statecraft, and highly fictionalized historical accounts during this foundational period of Chinese history.

Over time, the biographies of women became a regular feature of dynastic and local histories and a vehicle for expressing and transmitting concerns about women's social, political, and domestic roles. The Lienü zhuan is also rich in information about the daily life, rituals, and domestic concerns of early China. Inspired by its accounts, artists across the millennia have depicted its stories on screens, paintings, lacquer ware, murals, and stone relief sculpture, extending its reach to literate and illiterate audiences alike.

Kelsen, Hans. Pure Theory of Law. Translation from the Second German Edition by Max Knight. Berkeley: University of California Press, 1967. x, 356 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5. Paperbound. $36.95 * Second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College.Also available in cloth.
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