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篇目详细内容 |
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【篇名】 |
The Difference of Chinese Legalism and Western Legalism |
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【刊名】 |
Frontiers of Law in China |
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【刊名缩写】 |
Front. Law China |
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【ISSN】 |
1673-3428 |
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【EISSN】 |
1673-3541 |
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【DOI】 |
10.1007/s11463-011-0148-y |
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【出版社】 |
Higher Education Press and Springer-Verlag |
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【出版年】 |
2011 |
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【卷期】 |
6
卷4期 |
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【页码】 |
645-669
页,共
25
页 |
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【作者】 |
Peng He;
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【关键词】 |
Chinese legalism; Western legalism; rule-of-law |
【摘要】 |
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This paper analyzes the origin of Chinese legalism, its major propositions and characteristics. It compares the difference between Chinese legalism and other Chinese philosophies including Confucianism, Taoism and Mohism. It also discloses the difference of Chinese legalism and Western legalism in relation with morality. Western legalism defended the rule-of-law but argued against the morality of law. In contrast, Chinese legalism, especially in the early Pre-Qin era, did not separate morality from law. However, the fidelity to law in Chinese legalism was interpreted as the fidelity to the monarch, and thus being different from the Western rule-of-law. |
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