Legalism Vs. Confucianism

Celebrated cases of Judge Dee, a detective novel which describes crime cases which happened in China during the Tang Dynasty, in the 7th Century. In the book Judge Dee is a well known magistrate of Chang Ping, whom and is famous for solving crime and maintaining justice, particularly amongst common the Chinese People. In the book, Judge Dee is faced with three murders. As Judge Dee begins solving the crimes, the story unfolds slowly and presents historical, social, legal, philosophical and even religious pictures of ancient China. Tang Dynasty China was a period in which society was strongly influenced by Confucianism, due strongly to the previous influence of the Han Dynasty. These

In China during 406-221 BCE, the battling states between the Zhou and the Han Dynasties? were in a state of governmental disorder. Although the era was in a disruptive state, it ushered in a cultural opening that left a long lasting imprint on the Chinese history. As a result, three major belief systems surfaced Confucianism, Daoism, and Legalism in an attempt to achieve a sense of political order in a disorder period. There are distinctions in the way each of the belief systems approached the many problems that plagued the Chinese society. First, all of the founders were contemporaries in China. As well as considered philosophies, who studied the future, and sat out to focus on the present rather than the past. In contrast, Confucianism, Daoism and Legalism established various paths in search of an optimistic future for the success of China. Second, both Legalism and Confucianism developed a social belief system, but are considered a religion. However, both Legalism and Confucianism purpose was to create an orderly society in the hopes of prosperity. In contrast, Daoism does

Confucianism, Daoism, and Legalism were the three main philosophies in ancient China for a form of government. I state that Daoism is the most effective form of government because it is based around balance: balance in nature and opposites of the universe. Daoism has the highest number of followers at around 20 million people among the three philosophies. Daoism is concerned with helping people live in harmony with their self.

The idea of ruling a powerful government based on the principle of using two conflicting ideologies at the same time appeared foreign to most dynasties of early China. In early Chinese times, after the Period of the Warring States, two ideologies emerged: Legalism and Confucianism. Legalism stressed a strong central government that expressed harsh laws while Confucianism had a decentralized government, placing trust in conscientious and learned individuals to work together to solve political issues. These two schools of thought were in stark contrast to each other and, up until the Han dynasty, had never been combined with each other through government policy. The Qin dynasty, for example implemented a strict Legalist government while the

In the book Celebrated Cases of Judge Dee (Dee Goong An), the main character is Judge Dee, a magistrate in China’s Tang dynasty. The roles of a magistrate include, but are not limited to, being a judge, detective and police officer. The book follows three of Judge Dee’s cases, the Case of the Double Murder at Dawn, the Case of the Strange Corpse and the Case of the Poisoned Bride. In order to be a distinguished and powerful magistrate, one must lead with Confucian and Legalist values. Judge Dee is an effective magistrate because he blends both Confucian and Legalist values seamlessly, and is well aware of the Tang dynasty’s social hierarchy.

Legalism is an ancient Chinese philosophy of administration that believes that humans are more inclined to do wrong than right because they are motivated entirely by self-interest. Shi Huangdi was the founder of the Qin dynasty. After conquering the seven kingdoms in ancient China, he halted the Warring States Period and took the throne as the first emperor of the unified Chinese nation. He ruled on the basis of Legalism. To prevent criticism of his rule, Shi Huangdi ordered that all books that seemed to be useless or against him be burned. This included all poetry from the Chou dynasty and all books written by Confucian scholars. The only books from previous eras that Shi Huangdi let off were the practical ones about medicine and farming. Focusing on the issue of media censorship, the current Chinese government governs in a similar way to the way Qin Shi Huangdi once governed. China still blocks and monitor citizens access to several social media services and shuts down media entertainment programs during government events. While some may see this as an extreme form of censorship, we must consider the fact that several other countries have similar policies in place.

Amidst the chaos of political instability and constant warring of the Zhou era, arose many intellectual thinkers that brought such a profound impact in the fields of politics, religion, and philosophy. Even to this day, their influence can be seen on the many matters of China. Confucianism became the paramount school of thinking and later significant philosophies such as Daoism and Legalism gained immense recognition as well. Each party had their own proposals for creating an idealistic political society where the many problems they faced in their everyday lives could be eliminated. All three approaches were very distinct but at the same time, they contained similarities as well. In my reasoning, I find that Confucianism and Daoism

Confucianism, Daoism, and Legalism, are three Chinese ideologies in Classic China that held influence on how society should be, how to achieve order and what made government strong. Anyone that was a practitioner of these three philosophies would have had no idea how the Roman Republic or Empire worked in those regards. It would not be surprising if a Confucian, a Daoist and a Legalist had praise and dislike for how Rome was ran.

To begin, Confucius was one of the best lawgivers in Chinese history. Confucius did not respect or admire the written laws of his legal system, he believed that experienced rulers were the best people to provide justice. The legal system of the United States runs on the rule of law and it is for the people, which is stated directly in the constitution. The rule of law means, that everyone is accountable and held to the standard of the law that is laid out by the constitution. I believe that this is fair because here in The United States no matter how much power or wealth you have, everyone is under the law and has to follow the law written by the law makers. For example, the leader of North Korea does exactly what he wants when he wants and

the act of selfishness and inherited by the evil. Therefore, in Legalism people were punished or rewarded based on their actions in order to bring justice. On the other hand, Confucianism attempted to show the positive human natures throw providing hierarchy, education system because it was believed that human was good but mislead by evil. Confucianism cared about both justice and traditions. For example, in Confucianism, justice included patriarchy in which men were superior to women.

Confucianism, together with Mohism and Legalism, is three out of the four main philosophical teachings in ancient China. Chinese philosophers such as Confucius, Mo Tzu, and Han Fei Tzu had their own views on life. The teachings of Mo Zi both resembled and greatly differed from that of Confucius; as for Han Feizi he took a totally different approach. The three books written by each philosopher, the Analects, the Mozi and the Han Feizi each discuss how power should be manifested in a society which affects the people and the state. Although each of the three figures are concerned with power, Confucius believes the manifestation of power is being moral and following the tradition, Mo Tzu believes promoting power solely on the strength of abilities

The legal culture is a national, regional or national basis in certain social and material conditions, the state power by the creation of a common legal system constraints and determine the status of the legal system of values and attitudes in the whole society and culture. Thus, each country has its own unique legal culture. By selecting the most typical American and Chinese legal cultures of two different aspects: the legal standard, comparative analysis of legal values, and to explore the reasons for this difference, so that we not only recognize the legal and cultural differences between the two countries, but also to see their outstanding achievements and shortcomings of legal culture.

By altering the sentencing practice of the legal system according to Confucian values of filial piety [xiao] and benevolence [ren], the Qing dynasty reinforced Confucian principles in the law. Although using law as a tool of governing is contrary to the teachings in the Analects. Confucius argued that people became evasive and shameless when law was used as a tool for governing, because law would not be able to prevent all illicit actions, and evil-minded people would always be able to evade the law and avoid the punishments. Therefore, Confucianization of the law, which merged the principles of Confucianism and punishments of the law, became the dominant

Law is present in all civilizations and is a complex system that is used for dispute and conflict resolution. Law is a characterization of all societies which can then be analyzed in terms of variables such as formalization, whether it is legislated or discovered, and whether the institutional framework is embedded or specialized (Magagna 2014). The idea that any government that has ever existed has been lawless is clearly false. The components of law in any society can be very complex. The degree of formalization is a very key integral part of law in that any written or quantified law is considered to be more certain and predictable than oral law. There is a degree of variation between written and oral legalizations in the justice system. There is an even larger difference between legislated law and law that is viewed as something discovered, known as customary law. Legislative law is more likely to change in response to social and economic conditions. Customary law does change, but more slowly and because it is not written down, it is more difficult to replace or change (Magagna 2014). In a system of law there is also a specific degree of specialization, whether its judges or lawyers or if its customary leaders such as village officials or the district magistrate, which is present in East Asia.

The spiritual core of Confucianism is the eternal human values. However, on this it may be objected that all more or less significant spiritual currents in one way or another have always been associated with these values. To this, there is the following answer: a pledge of eternal Confucianism was able to express those values in the most accessible, the most common and the indisputable form. Moreover, the author believes that it is necessary to speak about eternity. Set up in the Confucian way the observer immediately noticed that of the two, as it were by the nature bestowed more than "natural" communities - the family and the state - is a much more stable family, and because it pushed all Confucius and his followers on the main