On the Concepts of Traditional Legal Consciousness of China

Abstract

The modern world is on the threshold of tremendous changes in all spheres of life. The era of Western domination and the spread of the ideas of the European Enlightenment, which lasted for several centuries, is coming to an end. Built on rational principles, the project of modernity supposed secularization of social life on the basis of the theory of natural human rights and the principles of the rule of law. But the slogan of the rule of law resulted in the etatization of social life and the destruction of traditional forms of social organization and communication. Under these conditions, Western society, experiencing a state of crisis, turns to the East and tries to find there other options for building a normative-value system of society. The aim of the article is to define the place of Fa (law, formal law) in the value-normative system of traditional Chinese worldview. The integral system of the main categories of ancient Chinese philosophy on the example of Taoism, Confucianism and Legalism doctrines is disclosed. The protective function of Fa in public life is substantiated. The author concludes that the statement in the normative system of Chinese society the value of values and patterns of behavior, oriented to the lofty principles of humanity and virtue, explains the preservation of Chinese civilization and its ability to develop.