Un regard sur la culture juridique chinoise: L’école des légistes, le confucianisme et la philosophie du droit

Bjarne Melkevik, « Un regard sur la culture juridique chinoise: L'école des légistes, le confucianisme et la philosophie du droit » (1996) 37 : 3 C de D 603.    

This study proposes insights into the underpinnings of Chinese legal culture. By analyzing the thinking of the School of Letists and by comparing it with Confucianism, the author attempts to isolate various significant aspects in order to understand this legal culture. By working from an historic overview, he analyzes how the legists conceived the law : first as an idea, then as a technique for power, after which as a question of efficiency and finally as a system. The author characterizes this conception of law as being entirely bureaucratic. In his conclusion, he underscores how this tradition has never managed to plant the seeds leading to a State based on the rule of law and legally recognized freedom.

This content has been updated on November 6, 2015 at 11 h 23 min.