Chinese Legalism法家: the Indigenous Roots for the Rule of Law in China?

Date & Time: December 15, 2023 (Friday) 13:30 – 14:30
Venue: Room 723, 7/F, Cheng Yu Tung Tower, The University of Hong Kong (In-person or via Zoom)
Language: English

Registration: Please click here

It is often pointed out that ‘the socialist legality with Chinese characteristics’ (中國特色的社會主義法治) is in fact Han Fei(韓非)’s ‘rule by law’ (以法治国). In his article ‘The Internal Morality of Chinese Legalism’, Winston argues that Han Fei’s rule by law is essentially no different from Lon Fuller’s rule of law, and that Han Fei’s writings form the indigenous roots for the rule of law in China. I agree with Winston that Han Fei indeed entertained the ideal of the rule of law, but I will argue that he was a bad philosopher of the rule of law, and his writings form no indigenous roots but only obstacles for the rule of law in China.

Speaker: 
Xiaobo Zhai’s research interests are legal philosophy, Bentham and Hart, the rule of law, and Chinese law. He has co-edited Bentham on Democracy, Courts, and Codification (CUP, 2022), Bentham’s Theory of Law and Public Opinion (CUP, 2014), and Bentham around the World (Talbot, 2021). His books include The People’s Constitution (2009), and Constitutional Implementation in China (2009).