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The core of modern Chinese law is based on Germanic-style civil law, socialist law, and traditional Chinese approaches. For most of the history of China, its legal system has been based on the Confucian philosophy of social control through moral education, as well as the Legalist emphasis on codified law and criminal sanction.
Emperors would choose to follow one specific system and the others were discriminated against, or tolerated at most. An example of this would be the Song dynasty, in which both Buddhism and Taoism became less popular. Neo-Confucianism (which had re-emerged during the previous Tang dynasty) was followed as the dominant philosophy. [15]
The Analects stress the importance of ritual, but also the importance of ren, which loosely translates as "human-heartedness", [8] Confucianism, along with Legalism, is responsible for creating one of the world's first meritocracies, which holds that one's status should be determined by education and character rather than ancestry, wealth, or ...
The term was not used to describe these different philosophies until Confucianism, Mohism, and Legalism were created. [3] The era in which they flourished was one of turbulence in China, [4] fraught with chaos and mass militarization, but where Chinese philosophy was developed and patronized by competing bureaucracies. This phenomenon has been ...
The first recorded professional who served as a lawyer was Deng Xi (c.545BC - c.501BC), a criminologist who also published the "Bamboo Law", which was one of the earliest statutes in history. [2] The local, classically trained, Confucian gentry played a crucial role as arbiters and handled all but the most serious local disputes.
Confucianism emerged to dominate the other schools that had developed in the fertile social upheavals of pre-imperial China such as Daoism , Mohism, and Legalism, all of which had criticised Confucianism (c. 400 – c. 200 B.C.). One of Confucius's disciples, Mencius, (c. 372 – c. 289 B.C.) developed a more idealistic version of Confucianism ...
In Confucianism, the Sangang Wuchang (Chinese: 三綱五常; pinyin: Sāngāng Wǔcháng), sometimes translated as the Three Fundamental Bonds and Five Constant Virtues or the Three Guiding Principles and Five Constant Regulations, [1] or more simply "bonds and virtues" (gāngcháng 綱常), are the three most important human relationships and the five most important virtues.
[24] [25] As one of the work's first chapters, Han Fei's chapter five begins by advising the ruler to remain "empty and still". Tao is the beginning of the myriad things, the standard of right and wrong. That being so, the intelligent ruler, by holding to the beginning, knows the source of everything, and, by keeping to the standard, knows the ...