On the Rule of Law cover

On the Rule of Law

Rating 4.3
Word count
302K words
Chapters
19
ISBN
9787549559794

Tags

Summary

On the Rule of Law (1989) and its companion volume On Rights — originally titled Winning the Sacred: A General Treatise on Rights and Their Remedies (1993) — were among the first works in China to advance the theories of 'rule of law' and 'governing the country according to law', a dazzling milestone in Chinese legal scholarship. The author has made no substantive revisions to their basic arguments, and holds those convictions even more firmly today. This revision corrects errors, updates citations to standard editions, renames the companion volume On Rights, adds a concluding chapter on breakthroughs in Chinese legal thought, and appends a postscript to the third edition of On Rights. The first book examines theories of the rule of law from Aristotle to Cicero, Rousseau, Montesquieu, Locke, Jefferson, and Paine in Chinese-language sources, clarifies the concept, distinguishes substantive from formal values, explains its relations with power, liberty, and rights, sketches different models in England, America, and France, and measures nearly four decades of Chinese legal practice since 1949 against the rule of law. The second expands these themes, shifting questions of individual rights from a constitutional-legal perspective to a sociological approach.

Editor's review

On the Rule of Law is a classic theoretical work recognized in legal circles, co-authored by Professors Wang Renbo and Cheng Liaoyuan, and has deeply influenced Chinese legal scholarship for decades since its first publication. It is not a simple interpretation of legal provisions but a systematic examination, from the heights of intellectual history and political philosophy, of the origins and meaning of "the rule of law" and its particular unfolding in the Chinese context. With solid scholarship, the authors clearly distinguish "rule of law" from "rule by law" and explore in depth the value foundations and institutional framework of the rule of law and its complex ties to modern political ideas such as democracy and human rights.

In today's society, though "rule of law" has become a high-frequency term, its precise meaning is often misunderstood or simplified. The value of this book is that it helps readers pierce through the clutter of phenomena and slogans and return to the source and true meaning of the rule of law. Reading it is like obtaining a precise map in the fog of thought. It traces the theoretical lineage of the rule of law from Aristotle to modern Western thinkers, and directly confronts the unique challenges and path choices in China's modernization of the rule of law, embodying a profound "awareness of China's problems."

For any reader who wishes to go beyond surface understanding and truly grasp the deeper logic of "law-based governance," this book offers rare theoretical nourishment. Its argument is rigorous and insightful, its language concise and forceful; though an academic work, it is clear in thought and free of obscurity. It is not only required reading for law students but an important reference for intellectuals concerned with China's social transformation and the building of political civilization.

Who it's for

A good fit for

  • Students and researchers in law and political science seeking to solidify theoretical foundations
  • Public policy researchers and practitioners concerned with Chinese social governance and rule-of-law development
  • Intellectual readers interested in political philosophy and intellectual history who wish to understand the concept of the rule of law in depth
  • Advanced readers seeking to improve rational thinking and critical analysis

Not a good fit for

  • Readers seeking only practical legal guides or case analysis
  • Casual readers expecting light reading or novelistic narrative

Reading tips

  1. Read the introduction first to grasp the book's core questions and argumentative framework
  2. Connect the reading with current social issues and legal events, linking theory to practice
  3. Slow down for the more abstract theoretical chapters and take notes to clarify the evolution of concepts

About the publisher

Guangxi Normal University Press China · Founded in 1986

Guangxi Normal University Press is a publisher known for literature, foreign literature and history titles. Its 1,175 books in the database show a solid accumulation in classics and prose collections, including foreign literary works such as Les Fleurs du mal: Annotated Poems of Baudelaire, Snow Country, Dubliners and The Wild Palms, as well as modern prose compilations like The Complete Prose of Zhou Zuoren. History and philosophy also hold a notable share, with titles such as Running Dogs: Clerks and Runners in Qing County Yamen and The History and Thought of the Taiping Heavenly Kingdom reflecting attention to Qing local administration and modern history. In art literature there is the 16-volume Ten Bamboo Studio Painting and Calligraphy Manual. Its author resources include foreign writers Charles Baudelaire and Yasunari Kawabata, translators and annotators Liu Nanqi and Zou Bo, and scholars such as Zhong Shuhe, Bradly W. Reed and You Chenjun. As public information is limited, this characterization is based only on the books in the database, which together present a profile balancing Chinese and foreign literary classics with academic works in the humanities and social sciences.

Contents

  1. 版权信息
  2. 上篇 法治:思考的历程
  3. 第一章 古希腊、罗马人的法治观
  4. 第二章 西欧人对法治的探讨
  5. 第三章 美国人对法治的理解和设计
  6. 第四章 当代中国关于法治与人治问题的论争
  7. 中篇 法治:理论的探索
  8. 第五章 法治概念界说
  9. 第六章 法治实体价值探微
  10. 第七章 法治形式价值论说
  11. 第八章 法治状态剖析
  12. 下篇 法治:实证的分析
  13. 第九章 西方资本主义国家法治发展模式的追寻
  14. 第十章 新中国前三十年法制透视
  15. 第十一章 十年法制:反思的方法与尺度
  16. 第十二章 十年法制:法治进行曲
  17. 第十三章 十年法制:法治发展中的冲突
  18. 第十四章 余论:中国法治思想的“突破”
  19. 附录 苏联人对法治的思考

FAQ

How does this book differ from ordinary legal-popularization books?
It is a deep theoretical work focused on the ideas, principles and intellectual history of the rule of law, aiming to build a complete body of knowledge rather than introducing specific legal knowledge or popularizing cases.
Can readers without a legal background understand it?
With some grounding in social science reading and patience for thinking, absolutely. The authors argue with great clarity and explain key concepts carefully. It reads more like a work of thought than a technical legal text.
What about the edition and its Douban rating?
The latest edition is published by Guangxi Normal University Press and has received extremely high praise on Douban (rated above 9.0); many readers call it "one of the foundational works of Chinese rule-of-law theory," and its academic value and intellectual depth have stood the test of time.

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About the author

程燎原 Author

Cheng Liaoyuan is an author in the Chinese-language field of legal writing who focuses on the theory of the rule of law and its intellectual history. Public information is limited: his nationality, dates of birth and death, education, and positions are not clearly recorded. What can be confirmed is that two of his works are held in the collection, namely On the Rule of Law and A New Discussion of the Rule of Law: Restating Two Thousand Years of the Intellectual History of the Rule of Law, generally classified under law. Judging from the titles and subject matter, his writing revolves around the core concept of the rule of law, discussing its basic theoretical questions on the one hand and turning to the intellectual threads of the past two thousand years on the other, attempting to sort out and restate the evolution of ideas about the rule of law within a long historical perspective. This approach, combining theoretical analysis with intellectual history, gives the works a strongly scholarly character and makes them suitable for readers interested in the idea of the rule of law and its historical origins.

王人博 Author

Wang Renbo is a scholar-author in the fields of Chinese legal studies and intellectual history. Public information about him is limited, and details of his life have not been systematically disclosed. Four of his works are included here: On the Rule of Law, Making Foreign Things Serve China: An Archaeology of Chinese Legal and Political Knowledge, Xinmin Shuo: China's Modernity, and The Amateur's Talk. These works center on rule-of-law theory, the historical formation of Chinese legal and political knowledge, and China's political and cultural transformation in modern times, spanning the categories of law and culture. His writing shows a distinctly interdisciplinary perspective, often examining the origins of modern Chinese legal and political ideas through intellectual history and the archaeology of knowledge. Both scholarly and readable, his work suits readers interested in China's rule-of-law tradition and the evolution of modern Chinese thought.

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