The Rule of Law

Paper Summary:

This paper looks at the rule of law most commonly used in association with Chinese pre-modern (and modern) history, and by extension with Korean pre-modern history. It explains how the rule of law under Chinese legalism failed in its aims to revolutionize the corrupt existing governmental system. The paper concludes with the suggestion that future research should keep abreast of the current literature and political situation in China, Korea, and other countries in terms of gauging whether the rule of law still has modern relevance.

Outline:
Introduction
Methods
Literature Review
Discussion
Conclusion

From the Paper:

"The rule of law is a concept introduced by government which dictates that authority is only legitimately allowed when it is in agreement with written public laws and according to recognized legislative procedures. It is used as a safeguard against a government's ability to act of its own volition, as is rife under typical totalitarian and authoritarian arrangements. The arrangement generally capitalizes upon a distinct separation of authority with an emphasis on equality for the state's citizens. However, as with many government-enforced institutions designed with magnanimous goals, many believe the law amounts to little more than bureaucracy - that it is a superficial concession to public pressure which does not in reality restrict arbitrary governance, as government privileges can still be ratified via transformation into legal provisions."

Sample of Sources Used:

• Dae-keun, Song. Use Legalism to Govern the Nation. Donga. (2006). Retrieved November 20, 2006 from http://english.donga.com/srv/service.php3?biid=2006010273138.
• Deng, Kent. Economic History of Premodern China. EH.Net Encyclopedia (2004). Retrieved November 20, 2006 from http://eh.net/encyclopedia/article/deng.china
• Hooker, Richard. Chinese Philosophy: Legalism. World Civilizations. (1996). Retrieved November 20, 2006 from http://www.wsu.edu/~dee/CHPHIL/LEGALISM.HTM.
• Legalism. PHILTAR: Philosophy, Theology and Religion. (1999). Retrieved November 20, 2006 from http://philtar.ucsm.ac.uk/encyclopedia/china/legal.html
• Liu, Henry C. K. The Abduction of Modernity: Part 3: Rule of law vs Confucianism. Asia Times Online. (2003). Retrieved November 20, 2006 from http://www.atimes.com/atimes/China/EG24Ad01.html.

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