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Full Description
This volume explores "Morality and Penalty", which is one of the characteristics of the Chinese legal system, as summarised by modern scholars. However, the concept was not used by the ancients, but is a general summary of Confucian thought on the relationship between morality and penalty made by modern scholars. The author presents the readers with a conceptual history of the doctrine of 'morality given priority over penalty' in ancient China.
Contents
I. "Morality" and "Penalty" : Identification of Two Important Concepts in the Ancient Times.- II. Identification of the Relationship between "Morality" and "Penalty" of Confucianism.- III. Neither Rule by Morality nor Rule by Law: Traditional Chinese Governance.- IV. Morality given priority over penalty: A Beautiful modern misunderstanding?.- V. Comparison of Relationship between Morality and Law in Chinese and Western Cultures.



