Order Description

Responses should be 8 to 9 pages in length. This is a minimum length and will be
strictly enforced. It refers to FULL pages of text and does not count pages with
large amounts of white space, title pages (which are not necessary), bibliographies,
large block quotes, or anything else that is not the body or your original text.
You may write more than this page minimum, but you will not receive extra credit for doing so.Please use Times New Roman (or similar), size 12 font, double spaced, 1 inch margins on all sides. DO indent at the beginning of every paragraph. DO NOT skip lines between paragraphs.Be sure that your name and ID number are at the top of the first page of your exam Be sure to include a bibliography. There is no specif format required, but we must be able to find the source to which you are referring. Only include sources that you have cited in the text. Use parenthetical in-text citations where appropriate (author name, year). Please cite a minimum of three sources. Two must be from class, and one of these two shall be from lectures. In other words, you must cite a MINIMUM of one of the assigned readings.

Topic QUESTION:
Compare and contrast the Western and East Asian conceptions of law and justice. (Sources: lectures; Bell and Hahm)

Must use this text book and the outline notes:
Bell, D. A. 2009. Beyond liberal democracy: Political thinking for an East Asian context. Princeton University Press.
http://www.google.com.tw/books?hl=zh-TW&lr=&id=eowWZSvloqcC&oi=fnd&pg=PR1&dq=Bell,+D.+A.+2009.+Beyond+liberal%09democracy:+Political+thinking+for++an+East+Asian+context.+Princeton+University++Press.%09+(&ots=dRw6VmEbjz&sig=x4SjDNKHP3-bvdIgjsydrIt6WB4&redir_esc=y#v=onepage&q&f=false

Bell, D. A., & Chaibong, H. eds.2003. Confucianism for the modern world. Cambridge University Press. (Entire)
http://books.google.com.tw/books/about/Confucianism_for_the_Modern_World.html?id=62u2rD5e-zQC&redir_esc=y

The outline:
The Great Contrast Western and East Asia

a. western law -law and Justice as restriction( paying bach
b. East Asian Law – Law and justice as reconciliation ( reconciling parties in dispute)
1. target harmonizing and harmony

Western Law ( 1000-2000’s)
A. Theory of Justice
Distributive Justice
Distribution of the costs and Benefits of Fair
cooperation
1. focus on individual rights and wrongs
2. The U.S corporation
3. sources state (national law) sacred law ( indaism, christianity, islam, theories of rights)
B. Procedual law neutial, egual procedures
1. criminal procedure
c. process of Law Litigation of Formal Rights Claims
1. Property disputes
East asian Law( 1000-200’s)
A. theory of justice
restoration of broken
human relationships
1. focus – institutical relationships like families, groups.
2. sources. national customs, confucionism
impact of west
B. Procedual Law
Procedual Rectfication
1. Revelation of truth
2. correction of behavior
3. euidence and shaming Punishments
notes:
https://ted.ucsd.edu/bbcswebdav/pid-492137-dt-content-rid-10150822_1/courses/POLI113A_FA14_Magagna/November%2017%20Lecture.pdf