Traditional Chinese Political and Legal Philosophy

Catalog description

China in the so-called pre-Qin period (770 B.C.E.-221 B.C.E.) experienced a profound political transition. Competing schools of political philosophers offered proposals to restore order, which would lay the foundations of the political and legal framework for traditional China in the next 2,000 years. The so-called “Legalists” were advocates of the rule of law, although critics claim that they were actually advocates of the rule by law. Early Confucians criticized the Legalist approach and proposed the rule of virtue, although this proposal has often been blamed for the lack of the spirit of law in traditional and contemporary China. Both schools advocated an equality-based meritocracy, but they differed on what should be considered merits. In this course, we will examine some primary texts by the Legalist philosopher Han Fei Zi and some early Confucians (mostly Confucius and Mencius) in order to understand their general legal and political philosophy. We will also investigate how they treated particular legal issues such as the conflict between the interest of society and the interest of the law, laws of international relations, etc. To help us understand the implications and the influences of these philosophical ideas, we will also look into some real legal codes and legal judgments in traditional China. Through these studies, I hope that not only can we understand the legal philosophies of these thinkers and how they influenced traditional Chinese legal practices, but also see their relative merits and shortcomings to each other and to Western legal ideas. Prerequisite: GPS or Sophomore standing. Fulfillment: Core Curriculum SSPC/ HPC or IPC; GCS Elective Chinese History, Society, and Culture; Humanities Major Other Advanced Courses (18-19 Topic Courses).