The History of the Contractual Thoughts in Ancient China


Book Description

This book explores the intellectual history of contract law in ancient China by employing archaeological and empirical methodologies. Divided into five chapters, it begins by reviewing the origin of the contract in ancient China, and analyzing its name, primary form, historical premise and functions. The second chapter discusses free will and lawfulness in the establishment of a contract, offering insights into the impact of contracts on social justice. In turn, the third chapter addresses the inner core of the contract: validity and liability. This allows readers at all levels to identify the similarities and differences between contracts from different eras and different parts of the world, which will also benefit those pursuing comparative research in related fields. Chapters four and five offer a philosophical exploration of contract history in ancient China, and analyze key aspects including human nature and ethical justice.




Chinese Contract Law


Book Description

A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.




Contract and Property in Early Modern China


Book Description

Providing a new perspective on economic and legal institutions, particularly on contract and property, in Qing and Republican history, this volume provides case studies to explicate how these institutions worked, while situating them firmly in their broader social context.




The Oxford Handbook of Early China


Book Description

The Oxford Handbook on Early China brings 30 scholars together to cover early China from the Neolithic through Warring States periods (ca 5000-500BCE). The study is chronological and incorporates a multidisciplinary approach, covering topics from archaeology, anthropology, art history, architecture, music, and metallurgy, to literature, religion, paleography, cosmology, religion, prehistory, and history.




War and State Formation in Ancient China and Early Modern Europe


Book Description

There is a common belief that the system of sovereign territorial states and the roots of liberal democracy are unique to European civilization and alien to non-Western cultures. The view has generated popular cynicism about democracy promotion in general and China's prospect for democratization in particular. This book demonstrates that China in the Spring and Autumn and Warring States periods (656-221 BC) consisted of a system of sovereign territorial states similar to Europe in the early modern period. It examines why China and Europe shared similar processes but experienced opposite outcomes.




Confucianism


Book Description

This volume shows the influence of the Sage's teachings over the course of Chinese history--on state ideology, the civil service examination system, imperial government, the family, and social relations--and the fate of Confucianism in China in the nineteenth and twentieth centuries, as China developed alongside a modernizing West and Japan. Some Chinese intellectuals attempted to reform the Confucian tradition to address new needs; others argued for jettisoning it altogether in favor of Western ideas and technology; still others condemned it angrily, arguing that Confucius and his legacy were responsible for China's feudal, ''backward'' conditions in the twentieth century and launching campaigns to eradicate its influences. Yet Chinese continue to turn to the teachings of Confucianism for guidance in their daily lives.




A Confucian Constitutional Order


Book Description

English translation of materials from a workshop on Confucian constitutionalism in May 2010 at the City University of Hong Kong.




The Roman Empire and the Silk Routes


Book Description

A fascinating history of the intricate web of trade routes connecting ancient Rome to Eastern civilizations, including its powerful rival, the Han Empire. The Roman Empire and the Silk Routes investigates the trade routes between Rome and the powerful empires of inner Asia, including the Parthian Empire of ancient Persia, and the Kushan Empire which seized power in Bactria (Afghanistan), laying claim to the Indus Kingdoms. Further chapters examine the development of Palmyra as a leading caravan city on the edge of Roman Syria. Raoul McLaughlin also delves deeply into Rome’s trade ventures through the Tarim territories, which led its merchants to the Han Empire of ancient China. Having established a system of Central Asian trade routes known as the Silk Road, the Han carried eastern products as far as Persia and the frontiers of the Roman Empire. Though they were matched in scale, the Han surpassed its European rival in military technology. The first book to address these subjects in a single comprehensive study, The Roman Empire and the Silk Routes explores Rome’s impact on the ancient world economy and reveals what the Chinese and Romans knew about their rival Empires.




Modern European and Chinese Contract Law


Book Description

This comparative study of European and Chinese contract law opens a clear and practical way to identify and understand the differences between the two legal regimes. The author offers a detailed doctrinal comparison of the two systems of contract, focusing on the following fundamental elements: • the importance of socio-economic valuation in Chinese contract law; • the role of judicial interpretation; • pre-contractual liability – penalties for bad faith, disclosure versus concealment; • validity – mistake, fraud, threats, unfair bargaining power; • adaptation and termination – effect of registration and approval rules; • mandatory rules – good faith and fair dealing, the public interest; and • direct application of constitutional law to contracts. The book’s special power lies in its extraordinarily thorough comparison of doctrines underlying specific provisions of such instruments as the Contract Law of the People’s Republic of China (CLC), the General Principles of the Civil Law of the People’s Republic of China (GPCL), the Principles of European Contract Law (PECL), and the Draft Common Frame of Reference (DCFR), as well as analysis of judicial cases.




Origins of Moral-political Philosophy in Early China


Book Description

This book offers a new narrative and interpretative framework about the origins of moral-political philosophy that tracks how the three core normative values, humaneness, justice, and personal freedom, were formulated, reformulated, and contested by early Chinese philosophers in their effort to negotiate the relationship among three distinct domains, the personal, the familial, and the political. Such efforts took place as those thinkers were reimagining a new moral-political order, debating its guiding norms, and exploring possible sources within the context of an evolving understanding of He