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13 - Confucian Legal Tradition

from Part II - Legal Families and Geographical Comparisons

Published online by Cambridge University Press:  26 January 2024

By
Ngoc Son Bui
Edited by
Mathias Siems  and
Po Jen Yap
Mathias Siems
Affiliation:
European University Institute, Florence
Po Jen Yap
Affiliation:
The University of Hong Kong
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Summary

This chapter conceptualises the Confucian legal tradition as a historically extended and legally embodied Confucian argument. The Confucian legal tradition has three features. First, it is jurisprudentially founded on a set of Confucian concepts and principles justifying the importance of good men. Second, the Confucian argument is embodied in structural institutions and legal codes in premodern and modern East Asia (China, Japan, Korea, Vietnam). Third, legally embodied Confucian concepts and principles are historically extended for thousands of years from formation, consolidation, and transnationalisation to modernisation.

Keywords

Confucianismlegal embodimentvirtue ethicshumanismChinaJapanKoreaVietnam
Type
Chapter
Information
The Cambridge Handbook of Comparative Law , pp. 256 - 274
Publisher: Cambridge University Press
Print publication year: 2024

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