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Similarities between confucianism and legalism
Similarities between confucianism and legalism
Similarities between confucianism and legalism
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Conversely, the pronounced influence of Confucian orthodox on the Code was paralleled by the pronounced influence of Legalist doctrines especially in the Code’s technical construction. Accordingly, Legalism’s prominent influence on the codification and administration of the Code is broadly separated into the three distinctive components of Legalism. In a representation of Fǎ, the set of rules embodied in the Code heavily reflects the conceptual notion of the usage of rewards and punishments to keep societal behaviour in check. Despite the failure to fulfil the original Legalist principle asserted by Ma as ‘objective and absolute standards of Fǎ’ with the gradation of punishments that emphasised levels of criminality and punishments based on individuals’ familial and societal rank, Fǎ was still noticeably influential in the Code. The separation of crimes into three notable categories based on the severity of the felony reflects Fǎ through severely punishing crimes that will undermine, obstruct and threaten the structure, authority and integrity of the state. The adoption of death penalties for crimes against the sovereign such as treason and sedition, hence evidences the prominent influence of Legalism in certain aspects of the penal code …show more content…
Resultant from the Code’s focus on utility, Legalism heavily interacts with Confucianism to create a comprehensive set of laws irrespective of which philosophy posed to be more domineering, remained extremely relevant and influential on contemporary Chinese
There are many Chinese Philosophies within the world, including Confucianism, Daoism, and Legalism, in which they have all originated as a result of the collapse of the Zhou dynasty in China, however, they do not all have the same beliefs.
Have you ever wonder if there is any good justification for the policy of punishing people for breaking laws? Boonin’s definition of punishment consists of Authorized, Reprobative, Retributive, Intentional Harm. The problem of punishment incorporates three different answers. Consequentialism, which makes punishment beneficial (will do good for the people later in the future). Retributivism punishment is a fitting response to crime. As well as, the option of ‘other’ punishment can be a source of education, or expressive matter. Moreover a fourth answer can be an alternative called restitution, punishment is not necessary for social order. In The Problem of Punishment, by David Boonin deeply studies a wide range of theories that explain why the institutions is morally permitted to punish criminals. Boonin argues that no state , no-one succeeds with punishment. To make his argument stronger, he endorses abolitionism, the view
The Codes of Law were broken into certain categories. These categories are not definitely known, but the majority of historians believe them to be: family, labor, personal property, real estate, trade and business. Many think...
During and after the Warring States period of Chinese history, many different philosophies were developed. One of these such philosophies is Legalism. In Legalism, people believe that no one can be trusted, and that everyone is selfish and evil. It teaches that the only way to get work done is with strict laws and harsh punishments. On the complete opposite side, in Daoism (a.k.a. Taoism), people believed that you don’t really need much of a government. Even the ruler doesn’t really do anything much. They just let the people live. The entire point of Daoism is to achieve “oneness with the Dao,” which is the path, or road to living in harmony with the world and nature. Another philosophy, Confucianism, is all about living in harmony with other people. It basically teaches you to respect your elders, people with more power than you, and people who have more knowledge and experience than you. By following any one of those philosophies, people try to live a good life by changing their
There are 282 laws which include harsh laws, where punishment was severe. Most of the laws were punishable by death. These laws regulate the organization of the society. Even if a judge makes a stupid or careless mistake, he will be expelled for lifetime and heavily fined. Also, the witness who testifies falsely shall be killed. A good example is the “An eye for an eye”, it states that if a man put out the eye of another man, his eyeball shall be put out. If a person was caught stealing he shall be put to death. Some laws, even with children were dealt very brutally. If a son strikes his father, his forehead shall be cut off. If a slave says to his master, you are not my master my master if they convict him, his master shall cut off his ear. If ...
Respect and education will make the community good, which will eventually lead to expanding the Empire and having more cutting edge ideas. In the other hand, Legalism will only make people have little to no information about how to enhance their environment, and live in the constant fear caused by the rulers brutal ways of dealing with unlawful acts. Though we do not live in a community like this nowadays, it is crucial to notice the way this rationalism works, since it will help create new and revamped forms of government, which will eventually help the human kind move forward. Learning from old mistakes and taking in everything that works can make the world a better place, and Confucianism is a great philosophy apply, develop and learn from since it is not
Law, ?a governmental social control? (Black 2), is a quantitative variable that changes in time and space and can be defined by style: penal, compensatory, therapeutic or conciliatory (Black 5). The brief description of law and its interrelation with social control and deviant behavior can be encapsulated in the following scheme. This concept of law put into the context of social life gives a framework of the behavior of law.
6.) Fader, Hallie. "The Chinese Legal Tradition." Rule of Law: The Story of Human Rights in World History. ORIAS, 07/2004. Web. April 17 2012. .
Brink says that then we can clear Mill of the charge of inconsistency about legal moralism. Since, Mill seems pretty consistent with his rejection towards legal moralism. This seems to bring up the debate between Mill and Stephen. Stephen is the author of Liberty, Equality, and Fraternity: in which he talks about his defense of the uses of criminal law to promote virtue and curb vice. Mill is the one who provokes Stephen’s criticism, rendering that Mill is an anti-moralist. A century later, Lord Devlin revived Mill and Stephen’s arguments in which Devlin’s defense of legal regulation of homosexuality, prostitution, and pornography, and liberal criticisms. It can be tempting to reject legal moralism of Stephen and Devlin because of Mill’s anti-moralism, but temptation can be resisted.
1. The warring states of China were united through a combination of philosophical and religious traditions. One of the first answers to the problem was Legalism. Legalism was created by Han Fei, who believed that an empire would only succeed if it imposed strict laws on its people to discourage bad behavior. Legalism quickly fell out of favor after the end of the Qin Dynasty because of its harshness. The successor to the Qin Dynasty, the Han Dynasty, adopted Confucianism. Confucianism was not really a religion, but more of a philosophical outlook on life. Filial piety, social harmony, and ethics were now emphasized. The final major school of thought that integrated Chinese culture was Daoism. Daoism was based on the concept of nature, and urged people to "disengage in public life" and to seek out nature instead.
According to Foucault, the penal justice system in the eighteenth century followed one fundamental principle: there should be no punishment without an explicit law and an explicit behavior violating the law (Foucault, “Truth and Juridical Forms” 56). Th...
Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it
Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society along with an underlying, perpetual fear of crime are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfarism and popular punitivism over the course of only a few hundred years.
Legal realism defines legal rights and duties as whatever the court says they are. Out of all the legal theories we have examined in class, I personally believe that this is the one that best exemplifies the purpose of law and would best suit and benefit society. The Dimensions of Law textbook defines legal realism as “the school of legal philosophy that examines law in a realistic rather than theoretical fashion; the belief that law is determined by what actually happens in court as judges interpret and apply law.”
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law since by doing so; it discourages him from committing crime again while making him or her pay for their crimes. Retribution does not mean inflicting physical punishment by incarceration only, but it also may include things like rehabilitation and financial retribution among other things. The last purpose of criminal law is to protect the community from criminals. Criminal law acts as the means through which the society protects itself from those who are harmful or dangerous to it. This is achieved through sentences meant to act as a way of deterring the offender from repeating the same crime in the future.