Flowers in a mirror: Critique of ‘Confucianization of law’

The theory of ‘Confucianization of law’ put forward by T’ung-tsu Ch’ü in his book titled Law and Society in Traditional China has a great academic influence in the world. However, ‘Confucianization of law’ is like ‘flowers in a mirror’ because its concept is too one-sided and ambiguous to describe a...

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Bibliographic Details
Main Author: Sun, Kang (Author)
Format: Electronic Article
Language:English
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Published: Carfax 2022
In: Asian philosophy
Year: 2022, Volume: 32, Issue: 3, Pages: 289-311
Standardized Subjects / Keyword chains:B Qu, Tongzu 1910-2008, Law and society in traditional China / Confucianism / Law / Legalism / Philosophy of law / History 500 BC-2022
RelBib Classification:AB Philosophy of religion; criticism of religion; atheism
AD Sociology of religion; religious policy
BM Chinese universism; Confucianism; Taoism
NCC Social ethics
NCD Political ethics
TA History
VA Philosophy
XA Law
Further subjects:B legalization of Confucianism
B Legalization of law
B T’ung-tsu Ch’ü
B Confucianization of law
B LEGAL PHILOSOPHY
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Summary:The theory of ‘Confucianization of law’ put forward by T’ung-tsu Ch’ü in his book titled Law and Society in Traditional China has a great academic influence in the world. However, ‘Confucianization of law’ is like ‘flowers in a mirror’ because its concept is too one-sided and ambiguous to describe ancient Chinese legal philosophy. Although it once has helped non-Chinese understand ancient Chinese legal philosophy, it is essentially a hypothesis of Ch’ü after reading limited historical materials and easily leading to a simple understanding of the dichotomy of Confucianism and Legalism in ancient Chinese legal philosophy. To distinguish the origin, concept, and related disputes of ‘Confucianization of law’ is helpful to discover the multicultural background of ancient Chinese legal philosophy and find the fact that Confucianism itself is alienated by politics. From the perspective of political pragmatism, there is no difference between Confucianism and Legalism in essence, but in means.
ISSN:1469-2961
Contains:Enthalten in: Asian philosophy
Persistent identifiers:DOI: 10.1080/09552367.2022.2066990