Differences between confucianism and legalism Video
Confucianism Taoism and Legalism differences between confucianism and legalismVery grateful: Differences between confucianism and legalism
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Chinese law is one of the oldest legal traditions in the world. The core of modern Chinese law is based on Germanic-style civil lawsocialist lawand traditional Chinese approaches. For most of the history of Chinaits legal system has been based on the Confucian philosophy of social control through moral education, as well as the Legalist emphasis on codified law and criminal sanction. Following difrerences Xinhai Revolutionthe Republic of China adopted a largely Western-style legal code in the civil law tradition differences between confucianism and legalism German- and Swiss-based. The establishment of the People's Republic of China in brought with it a more Soviet-influenced system of socialist law. However, earlier traditions from Chinese history have retained their influence.
Nobody Above The Law – Not Even The Emperor
The early history Shang Go here recorded the earliest forms of the "five penalties": tattooingdisfigurementcastrationmutilationand death. The two major Chinese philosophical schools discussed below, Confucianism and Legalism, strongly influenced the idea of law in China. Briefly, under Confucianism, the state should lead the people with virtue and thus create a sense of shame which will prevent bad conduct. Under Legalism, law is to be publicly promulgated standards of conduct backed by state coercion. The tension between these two systems is that Confucianism relies on tradition to make the leader the head of household of all China, while Legalism makes standard law that even the emperor should be bound by.
The common factor is that both endorse to different degrees a paternalistic conception of the state, which knows better than its citizens and makes laws to protect them. This concept persisted throughout the imperial period, into the republican period, and can still be seen acting today. Unlike many other major civilizations where written law was held in honor betwewn often attributed to divine origin, law in early China was viewed in purely secular terms, and its initial appearance was greeted with hostility by Confucian thinkers as indicative differences between confucianism and legalism a serious moral decline, a violation of human morality, and even a disturbance of the total cosmic order. Early emperors however embraced the Legalist ideal as a way of exerting control over their large and growing territory and population.
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The imperial period was characterized mainly by the concept of law as serving the state, a means of exerting control over the citizenry. In the late Qing dynasty there were efforts to reform the law codes mainly by importing German codes with slight modifications.
The onset of the communist period at first rolled back the development of individual rights with the primary concept of law returning to ajd of a tool of the state. After netween Cultural Revolution devastated the ranks of intellectuals and legal professionals, it took until for the idea of individual rights to reemerge as a significant influence on Chinese law. Passage of the Administrative Litigation Law of created legal recourse for individuals from arbitrary government differences between confucianism and legalism, an avenue previously unavailable.
Despite the deep-seated norm against legal proceedings, litigation in the Chinese courts has increased dramatically, especially in recent years. Confucianism and Legalism are two major Classical legal theories or philosophies developed during the Spring and Autumn period and the Warring States period, a time that saw the most impressive proliferation of new ideas and philosophies in Chinese history.
While both theories call for governmental hierarchy, they differ drastically in their views of human potential and the preferred means to achieve political order. Nevertheless, both theories have influenced and continue to influence the development of cultural, social, and legal norms in China. The basic premise of Confucianism is the idea that human beings are fundamentally good.
Confucianism Vs Legalism Analysis
With this optimistic view on human potential, Confucius advocates for ruling through li — traditional customs, mores, and norms — which allow people to have a sense of shame and become humane people with good character, rather than through government regulations and penal law. The idea is that people will internalize the acceptable norms and only take proper actions.
In contrast, codified laws require external compliance, and people may abide by the laws without fully understanding the reason for compliance. As such, a social order achieved through formal laws does not come with the additional benefit of better citizenry.
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It is worth noting, however, that even Confucius did not advocate for the elimination of formal laws. In addition to differences between confucianism and legalism participation of citizens, there must also be grounds or bases upon which commonly acceptable solutions can be arrived at — the concept known as li.
Li is commonly understood as a set of culturally and socially valued norms that provide guidance to proper behaviors that will ultimately lead to a harmonious society. These norms are not fixed or unchangeable over time but rather a reflection of what is accepted at a particular time in a particular context.
When conflicts arise, the li have to be applied and interpreted to produce a just result and restore the harmony of the society. However, in the absence of any procedural safeguard afforded by codified laws, interpretation of li is subject to abuse. Recognizing that people in a society hold diverse interests, Confucius charges the ruler with the responsibility to unify these interests and maintain social differences between confucianism and legalism. This is not done by dictatorship but by setting an example. Therefore, a ruler needs not to force his people to behave properly.]
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