Lorenz Von Stein and Chinese Constitutional Movement: A Reexamination of Legal History

44 Pages Posted: 25 Nov 2015

See all articles by Daw-Yih Jang

Daw-Yih Jang

National Sun Yat-sen University

Kuo-Ching Hsu

National Sun Yat-sen University

Date Written: September 30, 2015

Abstract

This article aims to explore the relationship between Lorenz von Stein and Chinese constitutional movement. It will undertake an historical comparison of events in order to interpret the development of the Chinese constitution during the late Qing and the early period of the Chinese Republic. It is well known that the Chinese constitution (1905-1916) was greatly influenced by the Meiji constitution, but it is often overlooked that the Meiji constitution was actually directly influenced by the German constitution, especially by Stein’s thoughts on political theory. It has always been acknowledged that Stein had an influence on Chinese constitution; however, the relationship was often associated with the connection between Germany, Japan, and China. In this article, we try to explore his influence on those who drafted the Meiji constitution to further understand Stein’s indirect influence on the Chinese constitution through those Japanese pioneers. In particular, we discover the dynamic law of historical change which presents in Stein’s writings, if we review the interactive law between state and society in the Chinese constitutional history.

Keywords: Lorenz von Stein, Chinese Constitution, Meiji Constitution, Science of State, Itō Hirobumi, Ariga Nagao, Yuan Shikai

Suggested Citation

Jang, Daw-Yih and Hsu, Kuo-Ching, Lorenz Von Stein and Chinese Constitutional Movement: A Reexamination of Legal History (September 30, 2015). Available at SSRN: https://ssrn.com/abstract=2694563 or http://dx.doi.org/10.2139/ssrn.2694563

Daw-Yih Jang (Contact Author)

National Sun Yat-sen University ( email )

70 Lien-hai Rd.
Kaohsiung, 80743
Taiwan

Kuo-Ching Hsu

National Sun Yat-sen University ( email )

70 Lien-hai Rd.
Kaohsiung, 80743
Taiwan

Register to save articles to
your library

Register

Paper statistics

Downloads
41
Abstract Views
474
PlumX Metrics