Legalism And Confucianism The Fundamental Basis Of...

Legalism and Confucianism form the fundamental basis of traditional Chinese culture and has exercised extensive influence over Chinese domestic laws for a period of almost 1,400 years. The Tang dynasty of 619 to 907 especially marked a period of efficient government, strong economic growth and effective administration in all forms of social and legal affairs. The amalgamation of two prominent Chinese philosophies amounted to immense success by creating a framework of domestic laws that was a partnership between the Confucian orthodox ideology and a structurally Legalist state. Such a system of legal code which eventually shaped contemporary social, ethical and political aspects of Chinese culture, allowed for Confucianism’s emphasis on†¦show more content†¦Supplementarily, the influence of Legalism’s FÇŽ (æ ³â€¢, law or principle), Shà ¹ (è ¡â€œ, method, tactic, or art) and Shà ¬ (å‹ ¢, legitimacy, power, or charisma) on the Code is reflected in its ad ministrative focus and the linkage of behaviour with a gradation of punishments. The collective state doctrine of Confucianism’s moral objective and Legalism’s administrative focus overall became conducive to the consolidation and preservation of an ethical society. The various commentary and assertions made by historians confirms not only the remarkable impact Confucianism and Legalism had on the Tang’s domestic laws but also affirms the distinction of perspectives on which philosophy primarily dominated these laws. Professor Norman P. Ho with a certificate in Chinese History at Peking University and a Juris Doctor Degree from New York University School of Law reviews the practice of Confucian jurisprudence in an expression of the excellence of the Tang’s legal code. Ying Lin with a Bachelor of Laws from ShenZhen and a Master of Laws from the University of Wollongong in contrast examines the duality of Confucian morality and Legalist rule of law despite their adversarial nature. ‘Law and Morality: Some Reflections on the Chinese Experience Past and Present’ by Herbert H. P. Ma addresses the domination of Confucianism in Tang’s laws and Legalism’s existence as only a foundation inShow MoreRelatedNegative Effects Of The Han Dynasty951 Words   |  4 PagesThroughout the development of Chinese history, dynasties or ruling families, have had major effects on China’s social, political and economic systems. For instance, several notable dynasties include the Zhou, Qin, and Han dynasty. Nevertheless, the sentiment favoring a certain dynasty led to debate between individuals. Thus, several individuals avouch that the Han dynasty had the most profound impact on the development of China, while others argue that it was the Qin dynasty who had a greater effectRead MoreHow Law is Made and Interpreted in France, China and Indonesia2652 Words   |  11 PagesOutline How Law is Made and Interpreted in French Civil Law System French Civil Code of 1804 Sources of French Civil Law Doctrine How Law is Made and Interpreted in China Confucianism Legalism How Sharia Law is Made and Interpreted in Pluralist Indonesian System How Law is Made and Interpreted in French Civil Law System The civil law is a branch of private law governing relations between people, whether individuals or legal entities (Sacco, 1991, p.25). It comprises of: 1. TheRead MoreComparing Empires Rome and China3033 Words   |  13 PagesComparing Empires: Roman and Chinese Consolidating the Roman and Chinese Empires 1. both empires defined themselves in universal terms 2. both invested heavily in public works 3. both claimed supernatural sanctions a. deceased Roman emperors as gods (imperial cult) i. persecution of Christians for nonparticipation in cult b. Chinese emperor as Son of Heaven i. rule by Mandate of Heaven ii. dependent on just rule iii. heavy ritual duties to maintain relationship between earth and heaven iv. moralRead MoreBranches of Philosophy8343 Words   |  34 PagesBranches of philosophy The following branches are the main areas of study: †¢ Metaphysics investigates the nature of being and the world. Traditional branches are cosmology and ontology. †¢ Epistemology is concerned with the nature and scope of knowledge, and whether knowledge is possible. Among its central concerns has been the challenge posed by skepticism and the relationships between truth, belief, and justification. †¢ Ethics, or moral philosophy, is concerned with questions of how