At the crossroads of civilizations: A comparative analysis of the development of legal thought in ancient China and the West

The relevance of this article is due to the fact that the current scientific literature does not provide a compre- hensive assessment of comparative legal studies of ancient Chinese and Western legal thought, which is important given the polarisation of global politics. The purpose of this review was to comprehensively study and analyse the historical sci- entific literature on this issue. This goal was achieved through a thematic analysis of the accumulated scientific material. The article deals with issues related to the philosophical trends that prevailed in the period of Ancient China, Greece and Rome. The historiographical basis of the work was the works of Chinese and Western researchers in this field. The research resulted in an analysis of theoretical and practical scientific literature on this topic, as well as a critique of the positions of some contemporary authors on the concept of law and legal relations between the people and the state. The main conclusion of this work was that the main differences between Chinese and Western legal doctrines were formed within the complex interplay of the initial conditions of statehood development in East Asia and the Mediterranean. Whereas the problematisation of law in ancient China was based on the understanding of family relations, where the family was headed by the father-ruler, ancient legal thought focused on social contradictions, rights and obligations of different classes. These different problematisations of the law have created the basis for further differences. This study can be used in diplomatic work to improve communication between representatives of different legal doctrines and families in general

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Publication Details

Journal
FOREIGN AFFAIRS
Published
2024-11-20
DOI
https://doi.org/10.59214/ua.fa/6.2024.83
Citations
2
Primary Topic
Chinese history and philosophy
Type
article
Field-Weighted Citation Impact
2.26
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article

At the crossroads of civilizations: A comparative analysis of the development of legal thought in ancient China and the West

Yanlin Wu
2 citations
FOREIGN AFFAIRS
Chinese history and philosophy
2.26
article

At the crossroads of civilizations: A comparative analysis of the development of legal thought in ancient China and the West

Yanlin Wu
article en
2 citations

Abstract

The relevance of this article is due to the fact that the current scientific literature does not provide a compre- hensive assessment of comparative legal studies of ancient Chinese and Western legal thought, which is important given the polarisation of global politics. The purpose of this review was to comprehensively study and analyse the historical sci- entific literature on this issue. This goal was achieved through a thematic analysis of the accumulated scientific material. The article deals with issues related to the philosophical trends that prevailed in the period of Ancient China, Greece and Rome. The historiographical basis of the work was the works of Chinese and Western researchers in this field. The research resulted in an analysis of theoretical and practical scientific literature on this topic, as well as a critique of the positions of some contemporary authors on the concept of law and legal relations between the people and the state. The main conclusion of this work was that the main differences between Chinese and Western legal doctrines were formed within the complex interplay of the initial conditions of statehood development in East Asia and the Mediterranean. Whereas the problematisation of law in ancient China was based on the understanding of family relations, where the family was headed by the father-ruler, ancient legal thought focused on social contradictions, rights and obligations of different classes. These different problematisations of the law have created the basis for further differences. This study can be used in diplomatic work to improve communication between representatives of different legal doctrines and families in general

FOREIGN AFFAIRSVol. 34(6)
Anshan Normal University (CN), Hanshan Normal University (CN)
Openalex Percentile: Top 9%
Chinese history and philosophy
2.26
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