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The two major Chinese philosophical schools discussed below, Confucianism and Legalism, strongly influenced the idea of law in China. Briefly, under Confucianism, the state should lead the people with virtue and thus create a sense of shame which will prevent bad conduct.
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.
Fajia (Chinese: 法家; pinyin: fǎjiā), or the School of fa (laws, methods), often translated as Legalism, [1] is a school of mainly Warring States period classical Chinese philosophy. Often interpreted in the West along realist lines, its members variously contributed to the formation of the bureaucratic Chinese empire, and early elements of ...
Confucianism (as interpreted by Mencius and others), Legalism, Taoism, Mohism, Agriculturalism, two strains of Diplomatists, the Logicians, Sun Tzu's Militarists; Naturalists; Although only the first three of these went on to receive imperial patronage in later dynasties, doctrines from each influenced the others and Chinese society in ...
Confucianism focuses on the practical order that is given by a this-worldly awareness of tian. [12] The worldly concern of Confucianism rests upon the belief that human beings are fundamentally good, and teachable, improvable, and perfectible through personal and communal endeavor, especially self-cultivation and self-creation.
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.
Confucianism and Taoism became the determining forces of Chinese thought until the introduction of Buddhism. Confucianism was particularly strong during the Han dynasty, whose greatest thinker was Dong Zhongshu, who integrated Confucianism with the thoughts of the Zhongshu School and the theory of the Five Elements. He also was a promoter of ...
As Mohism lost support by the time of the Han, the main philosophical contenders were Legalism, which Confucian thought somewhat absorbed, the teachings of Laozi, whose focus on more spiritual ideas kept it from direct conflict with Confucianism, and the new Buddhist religion, which gained acceptance during the Southern and Northern Dynasties era.