Four Major Differences and Causes in Ancient Chinese and Western Theories of Human Nature——With Concurrent Focus on the Peopel-centered Principle Upheld by the Chinese Legal System
Law is inherently a study of humanity and reflects the nature of human society.Analyzing the differences in the concepts of rule of law between China and the West necessitates an examination of their respective understandings of human na-ture.Traditional theories of human nature in ancient China and Western Europe exhibit four fundamental differences:the origins of good and evil,the possibility of transformation between good and evil,the attribution of original sin,and the status of theories of good and evil within their respective frameworks.These divergences are primarily rooted in differing socio-economic and cultur-al conditions.The West's long history of a developed commodity economy fostered weak kinship ties and a diminished sense of human sentiment.Conversely,China's longstanding agrarian economy and family-based social structure nurtured strong blood ties and a deep sense of human interconnectedness.These differences in human nature theories shaped distinctive legal traditions.They underpinned the dichotomy and interaction between natural law and state law in the West,contrasted with the integrated eth-ical-legal system in China.They also contributed to differences in the relationship between rulers and the law,with Western mon-archs constrained by the law and Chinese rulers embodying it.Additionally,they account for the Western focus on procedural law versus China's emphasis on substantive law,and the Western prioritization of checks on human nature and power versus China's focus on consolidating authority and maintaining social order.
theories of human naturefour major differencescommodity economylegal thought
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