Journal
JOURNAL OF CHINESE POLITICAL SCIENCE
Volume 21, Issue 3, Pages 339-356Publisher
SPRINGER
DOI: 10.1007/s11366-016-9388-0
Keywords
Legalization; Institutionalization; Han Fei's Legal Philosophy; China's Legal and Institutional Reforms
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In his treatise Han Fei Zi, the Chinese ancient thinker Han Fei proposes a governance structure that emphasizes the institutionalization of legal norms, judicious sovereign intervention, and ministerial obligations. These three core concepts of Han's legal thinking are informed by both the Taoist law of Nature and the Confucian philosophy as is expounded by Xun Zi. Recognition of the Taoist and Confucian influences brings to light the ethical and normative dimensions of Han's legal thought, dimensions that, I propose, provide new insights into China's legal and institutional reforms today.
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