We discussed today several miscalculations of Confucianism. In some cases, the interpreter saw the importance of ceremony not as a the magic of human interaction and harmonious living, but as a society with rigid, unrelenting social structure.
Ideas of good, and idealistic intent are different in many ways than formalist legal theory, largely because, laws are partially defined by their function. For example, Confucianism in principle is very principled and if understood charitably, has very positive implications for human interaction. However, a law with great ideological intention is not considered to be a good law if it's function does not produce those same positive results. My question is this: Should Confucian thought stay in the realm of philosophical theory, applied by it's believers, or should it be integrated (legally) into a given society?
I think an essential part of Confucian thought is that it isn't legally integrated into the society, at least not the way most laws and codes are. Confucian thought is more along the lines of social rules and graces, and less like speed limits and criminal law. So I guess the answer would be that is should not be legally integrated, but perhaps that parts of the Confucian line of thought should be socially integrated into a society.
ReplyDeleteAnd of course many laws become unnecessary when a society is moderate and self-organized. Maybe the role of law, then becomes more educative than punitive -- helping reinforce the structures that support an educated and harmonious community.
DeleteYour suggestion that principled action, by way of Confucian thought, become law is intriguing. I have mixed feelings, one one view I see the benefits of persons going through the motions of principled action in the hopes their behavior may become biologically intuitive (genuine), and on another view, we might not distinguish between persons of genuine character and virtuous acting persons; that may result in disingenuous interaction. We may offer solutions outside the scope of the either/or dichotomy. Some may practice principles of (li) and (te) unknowingly and from a pure sense of virtue. But perhaps if there is any influence at all, it might come from society as a whole in the form of social mores.
ReplyDeleteIt's certainly true that when Confucianism became the official ideology of the Chinese empire and the basis of all law it often hardened into lots of rigidly enforce rules, and some of the spirit got lost. On the other hand, enough of the spirit survived, perhaps, to make for many, many centuries of comparative peace and harmony, in a place that was capable of horrible violence and warfare.
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