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Title: Traditional Chinese philosophy and dispute resolution
Authors: Wong, B
Issue Date: 2000
Publisher: Sweet and Maxwell Asia
Source: Hong Kong law journal, 2000, v. 30, p. 304-319 How to cite?
Journal: Hong Kong law journal 
Abstract: This article discusses the philosophical origins of the conciliatory approach to dispute resolution in traditional China. It begins by comparing Western and Chinese institutions of dispute resolution. Then it develops the proposition that the praise of harmony and dislike of confrontational means of dispute resolution are not peculiar to Confucianism but constitute the common theme of all major schools of traditional Chinese philosophy. The creation of a utopia without disputes was the common goal. Different schools had however different, or even conflicting, ideas of how this goal might be achieved, although they all put emphasis on dispute prevention. Lastly, it is pointed out that some Confucians were not against litigation. They took it as a means to create a Confucian utopia.
ISSN: 0378-0600
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