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作者 Wang, Weidong
書名 The first debate on the Rule of Law [electronic resource] / Weidong Wang
國際標準書號 0599193131
book jacket
館藏地 索書號 處理狀態 OPAC 訊息 條碼
 近史所郭廷以圖書館視聽室(洽櫃臺調閱)  OD-000395  2004    在架上    30550170007569
說明 173 p
附註 Source: Dissertation Abstracts International, Volume: 60-02, Section: A, page: 0529
UMI Number: 9920173
Adviser: Cass R. Sunstein
Thesis (J.S.D.)--The University of Chicago, 1999
Includes bibliographicl references
The debate between the legalist philosophers and Confucian scholars during the pre-Qin period (pre-207 b.c.) is one of the most exciting and provocative exchanges among ancient Chinese philosophers. This debate has fascinated generations of Chinese scholars, particularly modern legal scholars. Chinese legal scholars today still try to understand, clarify and refine the arguments between the legalist philosophers and Confucian scholars
In this dissertation, I argue that the legalist philosophers' conception of the rule of law was rather modern, given they were the products of the pre-Qin period and had no contact with the West
In Chapter One, I shall offer a brief summary of history and significance of this debate. In Chapter Two, I shall define the concept of the rule of law. In addition, I shall attempt to justify, define and provide strategies for implementation for the general principles of the rule of law. In Chapter Three, I shall demonstrate the importance of the rule of law and legalist philosophers' rationales for their conception of the rule of law. In addition, I shall also analyze and discuss the legalist philosophers' principles of the rule of law. In Chapter Four, I shall discuss the Confucian scholars' arguments for the rule of men and their specific disagreements with the legalist philosophers. Finally, I shall conclude that the legalist philosophers' conception of the rule of law is similar to many modern elements of the rule of law. Although the rule of law may not be practiced in ancient China, such ideal was certainly reflected in the writings of the legalist philosophers
Photocopy. Ann Arbor, Mich. : University Microfilms International, 1999
School code: 0330
Host Item Dissertation Abstracts International 60-02A
主題 University of Chicago -- Dissertations -- Optical disc
Law -- Optical disc
History, Asia, Australia and Oceania -- Optical disc
Philosophy -- Optical disc
0398
0332
0422
Alt Author The University of Chicago
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