The Compatibility of Confucianism and Law
Abstract
It is initially odd to ask whether Confucianism is compatible
with systems of law. Confucian thought has co-existed with
Chinese legal systems throughout the various dynasties of
China’s long history. Nevertheless, despite the extensive laws
that China has boasted, traditional Chinese legal thought is not
typically recognized as a genuine rule-of-law system, given its
focus on moral development and the “rule of man.” In this essay,
we argue that Confucianism, specifically Pre-Qin Confucianism,
is compatible with the rule-of-law. We examine the different
models of compatibility, including “soft compatibilism” in which
we examine whether abstract concepts between Confucianism
and legal systems are compatible, as well as co-existing and
integrating compatibilism. Co-existing compatibilism sees
Confucianism and the law occupying different spheres within the
same legal system while integrating compatibilism sees
Confucianism and the law coming together into a new system. In
this way, Confucianism offers China an alternative to liberal
democratic and Marxist theories of law.