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After their vitriolic denunciations of Confucianism, radical theorists attempted to interpret all of Chinese history as a long episode of conflict between the forces of Confucianism and Legalism, and attempted to identify themselves as modern Legalists. [6]
In modern times, xíng denotes penal law or criminal law. An example of the classical use of xíng is Xíng Bù (刑部, lit. "Department of Punishment") for the legal or justice department in imperial China. The two major Chinese philosophical schools discussed below, Confucianism and Legalism, strongly influenced the idea of law in China.
This high approval of Confucianism can be seen through the reverence of Confucius in modern-day China. [ citation needed ] The major Confucian concepts include filial piety , loyalty ( 忠 ; zhōng ), li (ritual), ren (humanity or humaneness), the rectification of names (i.e., to ensure everything is what its name implies it should be),. [ 14 ]
In the above relationships, Confucius teaches that righteous, considerate, kind, benevolent, and gentle treatment should be applied by the former to the latter. And that with the application of such practices in day-to-day life, societal problems would be solved and righteous government would be achieved.
Legalism survived in a diluted form after the Han dynasty succeeded the Qin. It was recognised that there was a need for complex penal and administrative codes that enabled the emperor to govern the country through a hierarchy of ministers and officials, all ultimately responsible to him.
Neo-Confucianism (which had re-emerged during the previous Tang dynasty) was followed as the dominant philosophy. [15] A minority also claims that the phrase "three teachings" proposes that these mutually exclusive and fundamentally incomparable teachings are equal. This is a contested point of view as others stress that it is not so.
Legalism' was the label created by Han scholars to describe the socio-political philosophy formulated largely by Shen Buhai (d. 340 BCE), Shang Yang (d. 338 BCE), and Han Fei (c. 280 – c. 233 BCE), a philosophy which stressed that government had to rely on a strict system of punishments and rewards to maintain law and order. [177]
Confucianism traditionally holds that these values are based on the transcendent principle known as Heaven (Tiān 天), and also includes the belief in spirits or gods . [110] Confucianism was a major ideology of the imperial state during the Han dynasty (206 BCE–220 CE) and was revived as Neo-Confucianism during the Tang dynasty (618