Tradition of the Law and Law of the Tradition: Law, State, by Xin Ren

By Xin Ren

Commonly, social theorists within the West have based types of country social regulate based on the guideline that socialization is finished through exterior controls on habit: bad activities are punished and fascinating activities outcome both in fabric gift or an easy respite from the oppressive attentions of an authoritarian country. during this quantity, the writer offers the culture of legislation in China as an exception to the Western version of social regulate. The Confucian forms that has lengthy dependent chinese language social existence melded virtually seamlessly with the Maoist innovative time table to supply a tradition during which collectivism and an internalized adherence to social legislations are, in a few respects, congenital gains of chinese language social awareness. via her research of the Maoist suggestion of innovative justice and the culture of conformist acculturation in China, the writer constructs a desirable counterpoint to conventional Western arguments approximately social keep watch over.

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Additional resources for Tradition of the Law and Law of the Tradition: Law, State, and Social Control in China (Contributions in Criminology and Penology)

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As far as social order is concerned, Confucianism asserted that a society governed by a ruler who possessed all four fundamental qualities (Ren, Yi, Li, and Zhi) would be prosperous and harmonious. The Legalists, on the other hand, believed that social order could be attained only through the enforcement of law. A ruler must be able to enforce law swiftly and punish severely those who disobey the law in order to keep people's original greed and selfishness under control. 10 Philosophically, the Confucianists sought spiritual selfperfection while the Legalists favored material gratification.

In addition, the Chinese authorities' highly guarded secrecy surrounding crime data and the administration of criminal justice further undermined the possibility of objective study. 32 Therefore, the government often views a research inquiry for criminal justice information as politically suspicious and socially detrimental to the consolidation of the state's power in ordering society. Even those data now accessible to researchers are most often fragmentary and equivocal despite the efforts of a handful of scholars in recent years to classify, categorize, and index them.

717. 33. Laws and Regulations of the People's Republic of China, 1982; C. A. Johnson, 1990; and Pinard, 1985, pp. 46-143. 34. Hardly any scholars in comparative legal study would agree that Confucianism is past history and is chronologically and politically irrelevant in the study of current socialist law and the legal system in China. Confucianism has found its way into Mao's revolutionary ideology. Without an understanding of the fundamentals of the Confucian law of morality, the convergence and divergence between the Maoist and Marxist orthodoxies and the legal culture in China cannot be fully appreciated.

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