Blending the Law

April 21, 2010

The legal system in the United States comes primarily from English Common Law (influenced by Roman law and Greek teachings). English Common Law is a system based on the principle that the rulings made by the King’s courts were according to the common custom of the realm. Common law is grounded in precedent and local tradition stressing community and individualism.

Is Justice Blind?

Legalism, the foundation of Chinese law, emphasizes the need for order above all other human concerns. The founder of the Legalistic school was Hsün Tzu (312–230 BC). He believed that humans are inherently evil and inclined toward criminal and selfish behavior. Since morality does not exist in nature and humans are part of nature, the only way to control behavior was through habit and harsh punishment. Without this, the result would be conflict and social disorder.

Even though both Confucianism and Legalism called for tradition and governmental control, the difference between the two is that Confucius (551–479 BC) advocated ruling benevolently by example. Both theories still play an important role in the cultural and legal development of China.

However, the legal system in the People’s Republic of China is currently undergoing gradual reform since international trade and globalization are influencing changes. What is evolving is a blending of English Common Law and Legalism.

Here is a good Blog to learn how to navigate through China’s legal system: http://www.chinalawblog.com/
See “China Law and Justice System” http://wp.me/pN4pY-hH

Sources used for this post:

2 Comments | China, Chinese Culture, Chinese history, Confucianism, legal system | Tagged: , , , , , , | Permalink
Posted by Lloyd Lofthouse

Traditional Chinese Diet

April 11, 2010

The concept of balance as taught by Confucius and Lao Tzu (Taoism) also plays an important role in diet. In China, yin foods are considered calming. It is believed that traditional Chinese foods come in three categories—yin, yang and neutral.

Yin foods should be eaten in summer and only in moderation in the winter as they are all very cooling. Yin foods are cool or cold in nature, clear away heat and eliminate toxins. Yang is the opposite of yin, and foods in this category are considered warm, dispel cold and treat symptoms from too much yin.

Some yin foods: Bananas, Clams, Crab, Grapefruit, Lettuce, Watercress, Watermelon, Apples, Cucumber, Pears, Mango, Spinach, Strawberries, Tomatoes

The yin and yang of food

Some yang foods: Cherries, Chicken, Dates, Ham, Leeks, Mutton, Peaches, Raspberries, Shrimps, Sunflower Seeds, Wine, Garlic, Ginger, Onion, Pepper

Some neutral foods: Beef, Beets, Carrots, Celery, Corn, Egg, Potatoes

The Chinese philosophy for eating is different from America and the West. Traditional Chinese medicine applies these philosophies to avoid or treat disease through diet. Once a Chinese doctor determines the nature of an imbalance, he or she aims to restore balance through acupuncture, herbs, and changes in diet or lifestyle. It is believed that as balance is restored in the body, so is health.

See “Health Care Without Drugs” http://wp.me/pN4pY-ey

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Lloyd Lofthouse is the author of the award winning My Splendid Concubine and writes The Soulful Veteran and Crazy Normal.


3 Comments | China, Chinese Culture, Chinese food, Confucianism, food, health care, Taoism | Tagged: , , , , | Permalink
Posted by Lloyd Lofthouse

Yin Yang

April 11, 2010

Yin Yang is about balance.

In many ethical systems, the right path is the one that does not stray far from the middle. Aristotle preached that virtue was striking a balance between the vices of excess and of defect. A similar concept was presented by Plato, who was influenced by Pythagorean (570 -495 BC) ideas.

The concept of  balance is also an important aspect of  Confucianism since the philosophy of Yin Yang appeared about the same time as Confucius (551 – 479 BC), who wrote of a harmonious life that avoids excesses and deficiencies where wisdom was learned from both the old and the young, the high and the low.

Since Lao Tzu (the founder of Taoism and the concept of Yin and Yang) and Confucius lived about the same time, they may have met and shared thoughts.

The Doctrine of the Mean was a basis for civil service examinations in China from 1312 to 1905.

Confucius

The concept of Yin and Yang applies to many issues of life. In Taoism heaven is masculine and earth is feminine suggesting the dependence of the entire creation upon the Creator.

A whole series of possible interactions between the Yin and Yang in life is contained in the Chinese Book of Changes, the i Ching.

Discover Learning from China’s History

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Lloyd Lofthouse is the award-winning author of the concubine saga, My Splendid Concubine & Our Hart. When you love a Chinese woman, you marry her family and culture too.

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2 Comments | China, Chinese Culture, Chinese history, Confucianism | Tagged: , , , , , , , , | Permalink
Posted by Lloyd Lofthouse

Three Hundred Years – Part 5 of 5

April 7, 2010

When I read the Chinese Constitution, Article 35 does say, “Citizens of the People’s Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.”

However, there are resitrictions to Article 35 when other articles in the Constitution are considered.

Article 1. The People’s Republic of China is a socialist state under the people’s democratic dictatorship led by the working class and based on the alliance of workers and peasants. The socialist system is the basic system of the People’s Republic of China. Sabotage of the socialist system by any organization or individual is prohibited.

Liy Xiaobo and his wife

Regardless of how many in the West sympathize with Liu Xiaobo’s prison sentence, he was sent to prison according to Article 28 of China’s Constitution. Liu had to know what the potential consequences were. After all, the Chinese Constitution is taught in the public schools.

There will always be individuals in China like Hong Xiuquan, Liu Xiaobo and other Chinese activists who would fit better in a Western culture than in China.

The only way to change China is if the West fought an apocalyptic war killing more than a hundred million Chinese then spent three hundred (or more) years brainwashing future generations to adopt Western ways.

This should please American neo-conservatives, since it would create a world they advocate.

See American Genocide http://wp.me/pN4pY-6S

 

1 Comment | China, Chinese Culture, Chinese history, Christianity, Confucianism, politics | Tagged: , , , , , , , | Permalink
Posted by Lloyd Lofthouse

Three Hundred Years – Part 4 of 5

April 6, 2010

I’m sure that Liu Xiaobo spoke he did not remember the Boxer Rebellion when many Chinese became angry due to the foreign influence and Christian missionaries converting an increasing number of Chinese to an alien religion that did not fit the culture.

Hundreds of thousands of Chinese took part in the Boxer Rebellion at the end of the 19th century. Their goal was to drive the foreign influence from China even if they had to kill them all. Tens of thousands died while only a few hundred foreign Christians were killed. Western troops, once again, poured into China to suppress this uprising by Chinese peasants who wanted to reclaim their culture and rid the country of foreign influences.

Liu Xiaobo's Grieving Wife

This leads me back to Liu Xiaobo’s wife, who (after her husband was sentenced to eleven years in prison) said, “The constitution says citizens have the right to free speech. But in 20 years in China, Xiaobo has never enjoyed that freedom. The words he wrote were only published outside.”

Wait a minute!  If Liu Xiaobo does not live in the United States, does the Constitution of the United States have an influence on legal decisions in China?

Since Liu may have violated the rule of law in China, the Chinese courts interpret what their constitution means—not the United States or any Western nation/citizen.

To understand the Chinese Constitution, one should read it carefully. If one article mentions a freedom, another article may partially restrict it. The American Constitution is no different. There are restrictions on freedom of speech even in America—they just aren’t the same as those in China.

See Foreign Devils and Barbarians http://wp.me/pN4pY-6h

 

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Posted by Lloyd Lofthouse

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