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Reinterpreting the Chinese Legal Doctrine of Li: Beyond Rites, Ritual and Ceremonies

Authors: Alex Chu Kwong Chan; Angus Young;

Reinterpreting the Chinese Legal Doctrine of Li: Beyond Rites, Ritual and Ceremonies

Abstract

For thousands of years Chinese scholars had characterized China’s system of regulation as li yi zhi bang. This literally means that China is governed by the doctrine of li. However, there a general misconception that the doctrine of li was conceived by Confucius, in fact it predates his birth. This paper aims to re-examine this doctrine with the aid of Chinese classics from 1100 B.C., in conjunction with Confucius’s works to explain the meaning and workings of this regulatory concept. Li is multifaceted, versatile, and dynamic doctrine because it more than mere rituals, rites, and ceremonies. It is a form of non-legal and non-rule based regulatory doctrine that centre upon virtue, actualized and practiced through unwritten codes of conduct and behavior. This regulatory doctrine is also varies according to the social hierarchy between individuals, the context of the application, and the heritage of a particular li. The ultimate goal of li to create a civil society, where everyone is in tune with the cosmic order that li is a sub set. Thus, this pre-modern regulatory doctrine has elements of natural law. Yet, the plurality of this regulatory doctrine appears to be similar to postmodernist views about law and regulation.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
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