THE DOCTRINE OF LEGALISM AND PROTO-LAW IN ANCIENT CHINA Cover Image

LEGALISTIČKA DOKTRINA I PROTOPRAVO U STAROJ KINI
THE DOCTRINE OF LEGALISM AND PROTO-LAW IN ANCIENT CHINA

Author(s): Aleksandar Molnar
Subject(s): History of Law, Criminal Law, Ethics / Practical Philosophy, Ancient World, Evaluation research
Published by: Српско социолошко друштво
Keywords: proto-law; legalism; punishment; morals; ruler, doctrine; China;

Summary/Abstract: In the article the author endeavours to explain the connection between the teachinpref socalled legalism (fa chia) and the law (fa) in Chinese state of Ch'in (in die period of Warring States) and in China (during the Ch'in dynasty). In the article the author endeavours to explain the connection between the teachinpref socalled legalism (fa chia) and the law (fa) in Chinese state of Ch'in (in die period of Warring States) and in China (during the Ch'in dynasty). This law should not be understood as the law in the european sense (i.e. as an application of die formal logic to the fonnularion of norms, accompanied by the attempt to balance social power), but as a kind of proto-law (i.e. as an "universal punishing pattern", regulated by the absolute and secular ruler).

  • Issue Year: 29/1995
  • Issue No: 1
  • Page Range: 17-40
  • Page Count: 24
  • Language: Serbian