Climate Change Data Portal
| DOI | 10.58112/jil.45-3.3 |
| CONFUCIUS AND AMERICA'S DANGEROUS MYTHS ABOUT CHINESE LAW | |
| Friedman, Daniel Butler | |
| 发表日期 | 2024 |
| ISSN | 1938-0283 |
| 起始页码 | 45 |
| 结束页码 | 3 |
| 卷号 | 45期号:3 |
| 英文摘要 | American legal scholars can't stop talking about Confucius: there were over 100 law review articles in 2022 alone that reference Confucian ideas, and nearly 1,500 during the last five years. Almost all of them are wrong about what Confucius has meant for Chinese legal culture. In the face of five decades of contrary historical scholarship, these law review articles argue or imply that Chinese law started to become Confucian about 2,000 years ago and has never really changed since. That continuity (or stagnation), these scholars claim, is one of the keys to understanding contemporary Chinese law. As this Article will show, the reality is very different. From the sixteenth century to the present day, scholars, politicians, and others with an axe to grind have constructed a series of legally influential Confuciuses to score points in the debates of their day. Unfortunately, American legal scholars are stuck repeating these self -interested stories with little idea of where they came from or what they mean. American authors largely view this Confucian legal legacy as something suspicious, or at least exotic, and their descriptions exacerbate the Sino-American cultural and political gulf. Chinese authors, on the other hand, often view it as a matter of national pride, a demonstration of the power, and centrality of a Chinese civilization destined to sway modern Asia. In this Article, I argue that these erroneous views of the Confucian nature of Chinese legal culture have profound implications, impairing our ability to clearly understand contemporary Chinese law and contributing to a global and domestic atmosphere of suspicion and hatred. Only by untangling where our ideas about Confucian law come from and what they really imply can we hope to avoid exacerbating Sino-American hostility on the one hand and nationalist Chinese expansionism (of the kind felt most sharply in Tibet, Hong Kong, Taiwan, and Xinjiang) on the other. |
| 语种 | 英语 |
| WOS研究方向 | Government & Law |
| WOS类目 | Law |
| WOS记录号 | WOS:001208999600001 |
| 来源期刊 | UNIVERSITY OF PENNSYLVANIA JOURNAL OF INTERNATIONAL LAW
 |
| 文献类型 | 期刊论文 |
| 条目标识符 | http://gcip.llas.ac.cn/handle/2XKMVOVA/301727 |
| 作者单位 | Villanova University |
| 推荐引用方式 GB/T 7714 | Friedman, Daniel Butler. CONFUCIUS AND AMERICA'S DANGEROUS MYTHS ABOUT CHINESE LAW[J],2024,45(3). |
| APA | Friedman, Daniel Butler.(2024).CONFUCIUS AND AMERICA'S DANGEROUS MYTHS ABOUT CHINESE LAW.UNIVERSITY OF PENNSYLVANIA JOURNAL OF INTERNATIONAL LAW,45(3). |
| MLA | Friedman, Daniel Butler."CONFUCIUS AND AMERICA'S DANGEROUS MYTHS ABOUT CHINESE LAW".UNIVERSITY OF PENNSYLVANIA JOURNAL OF INTERNATIONAL LAW 45.3(2024). |
| 条目包含的文件 | 条目无相关文件。 | |||||
| 个性服务 |
| 推荐该条目 |
| 保存到收藏夹 |
| 导出为Endnote文件 |
| 谷歌学术 |
| 谷歌学术中相似的文章 |
| [Friedman, Daniel Butler]的文章 |
| 百度学术 |
| 百度学术中相似的文章 |
| [Friedman, Daniel Butler]的文章 |
| 必应学术 |
| 必应学术中相似的文章 |
| [Friedman, Daniel Butler]的文章 |
| 相关权益政策 |
| 暂无数据 |
| 收藏/分享 |
除非特别说明，本系统中所有内容都受版权保护，并保留所有权利。
