© 2017

The Confucian Misgivings--Liang Shu-ming’s Narrative About Law


Table of contents

  1. Front Matter
    Pages i-xxxii
  2. Legitimacy of Law

    1. Front Matter
      Pages 1-3
    2. Zhangrun Xu
      Pages 5-21
    3. Zhangrun Xu
      Pages 23-40
    4. Zhangrun Xu
      Pages 41-57
    5. Back Matter
      Pages 79-80
  3. Constitutional Government: China’s Predicament and Extrication

    1. Front Matter
      Pages 81-87
    2. Back Matter
      Pages 141-144
  4. Legal Tradition: The Western Law and Its Transplantation in China

    1. Front Matter
      Pages 145-146
    2. Zhangrun Xu
      Pages 159-167
    3. Back Matter
      Pages 189-195
  5. Back Matter
    Pages 197-220

About this book


The major intellectual interest throughout this book is to offer a study on China's legal legacy, through Liang Shu-ming's eyes. The book follows the formula of the parallel between Life and Mind (人生与人心), Physis and Nomos, and compares Liang Shu-ming's narrative with his own practical orientation and with the theories of other interlocutors. The book puts Liang Shu-ming into the social context of modern Chinese history, in particular, the context of the unprecedented crisis of meaning in the legal realm and the collapse of a transcendental source for Chinese cultural identity in the light of modernity. The evaluation provided by this narrative could be helpful in clarifying the deep structures and significance of the present Chinese legal system through historically exploring Liang Shu-ming's misgivings. 

The book is intended for academics of legal, history and cultural studies. The book is unique in that it is the first book to explore New Confucian's considerations on reconstruction of Chinese legal system in the modern era. It presents a comprehensive systematical comparison of Liang Shu-ming's narrative about constitutional government in China against other schools of thought.


Liang Shu-ming Confucianism Historical school of jurisprudence Chinese legal culture Chinese legal tradition Constitutional law Way of life Legal transplantation China’s legal modernization Rural reconstruction

Authors and affiliations

  1. 1.School of LawTsinghua UniversityBeijingChina

About the authors

Professor Xu Zhangrun is professor of jurisprudence at Tsinghua University and foundation Director of Tsinghua Centre for Legal Theory and Political Philosophy, founding editor-in-chief of Tsinghua Law Journal during 2002-2007 and editor-in-chief of Journal of Historical Jurisprudence. He received PhD from University of Melbourne in jurisprudence and history after studying in SWUPL and CUPL. His research focused on legal theory and political philosophy, particularly historical jurisprudence and liberal nationalism through perspective of republicanism. 

Bibliographic information