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Frontiers of Law in China

ISSN 1673-3428

ISSN 1673-3541(Online)

CN 11-5742/D

Postal Subscription Code 80-981

Front Law Chin    2011, Vol. 6 Issue (4) : 645-669    https://doi.org/10.1007/s11463-011-0148-y
research-article
The Difference of Chinese Legalism and Western Legalism
Peng He()
School of Law, Zhongnan University of Economics and Law, Wuhan 430060, China
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Abstract

This paper analyzes the origin of Chinese legalism, its major propositions and characteristics. It compares the difference between Chinese legalism and other Chinese philosophies including Confucianism, Taoism and Mohism. It also discloses the difference of Chinese legalism and Western legalism in relation with morality. Western legalism defended the rule-of-law but argued against the morality of law. In contrast, Chinese legalism, especially in the early Pre-Qin era, did not separate morality from law. However, the fidelity to law in Chinese legalism was interpreted as the fidelity to the monarch, and thus being different from the Western rule-of-law.

Keywords Chinese legalism      Western legalism      rule-of-law     
Corresponding Author(s): Peng He,Email:renkehe_7@126.com   
Issue Date: 05 December 2011
 Cite this article:   
Peng He. The Difference of Chinese Legalism and Western Legalism[J]. Front Law Chin, 2011, 6(4): 645-669.
 URL:  
https://academic.hep.com.cn/flc/EN/10.1007/s11463-011-0148-y
https://academic.hep.com.cn/flc/EN/Y2011/V6/I4/645
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