UPSI Digital Repository (UDRep)
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UPSI Digital Repository (UDRep)
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| Abstract : Perpustakaan Tuanku Bainun |
| The aim of the study is to examine Shen Jiaben's legal reforms during the late Qing's New Policies era, focusing on his inheritance and transformation of Confucian thought within this reform context. This study employs intellectual history and comparative research methodologies to delved deeply into how Shen Jiaben upheld the core tenets of Confucianism while infusing them with new meanings. The research found that Shen Jiaben not only inherited the core principles of Confucian thought in his legal reforms but also creatively transformed them through selective reinterpretation of classical texts and adaptive integration of Western legal norms. By preserving Confucian ethics such as ren (benevolence) and li (propriety) while abolishing outdated practices like corporal punishment, he reconfigured Confucianism into a "social charisma" legitimizing institutional modernization. This dual approach revitalized Confucianism as a dynamic framework mediating between civilizational heritage and legal modernity, exemplified in his codification of hybrid laws that maintained moral governance principles yet aligned with international standards. This synthesis ultimately revealed how tradition could evolve through strategic reinterpretation to meet transformative societal needs. Based on the findings, it can be concluded that Shen Jiaben's reforms reinterpreted Confucian values to address Qing China's crises while maintaining cultural continuity. By harmonizing Confucian ethics with modern legal concepts through "creative transformation," he repositioned tradition as modernization_s adaptive resource. This approach preserved Confucianism_s normative authority during institutional transformations while pioneering China_s legal modernization foundations. The present study brings about both theoretical and practical implications. Theoretically, it repositions Confucianism as a dynamic force within modernization, challenging the rigid dichotomy between tradition and modernity. Practically, it underscores the role of cultural heritage as a form of transitional "social charisma" during periods of reform. This offers historical insights for blending tradition with modern governance, providing a paradigm for culturally-grounded strategies balancing innovation with identity preservation. |
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