On Shen Jiaben's Contribution to the Jurisprudence of China
Song Chen
Abstract
Song Chen
Abstract
This thesis analyses the great contribution made by Shen Jiaben, the famous jurist in Qing Dynasty, to the science of law of China, in the early 20th century. During the sharp transition from the traditional legal science, more frequently named luxue, to the modern science of law, Mr. Shen made great efforts to preserve and inherit the traditional Chinese legal culture, as well as to foster the new legal science, by introducing and spreading western legal concepts and principles, thus laying eventually a solid foundation for modern law research in China. In addition, inspiration is drawn from the transition: how should we treat the legal tradition?
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This thesis analyses the great contribution made by Shen Jiaben, the famous jurist in Qing Dynasty, to the science of law of China, in the early 20th century. During the sharp transition from the traditional legal science, more frequently named luxue, to the modern science of law, Mr. Shen made great efforts to preserve and inherit the traditional Chinese legal culture, as well as to foster the new legal science, by introducing and spreading western legal concepts and principles, thus laying eventually a solid foundation for modern law research in China. In addition, inspiration is drawn from the transition: how should we treat the legal tradition?
Key concepts: China, Jurisprudence, Foundation (evidence), Law, Legal science, Legal culture, Chinese law, Transition (genetics)