Ancient world
Confucius
551–479 BC · China · Philosopher and teacher
1800 BCAD 2000
Life and ideas
Confucius, whose name was Kong Qiu, lived in a period when China's old order was breaking up into warring states. He taught, travelled and briefly held office, and his followers recorded his sayings in the Analects. He did not write a theory of law. His view of government was moral: a ruler who is himself good, who honours ritual (li) and who treats officials and subjects as members of one family will be followed willingly, while rule by punishment makes people avoid wrongdoing without feeling shame. Disputes were better settled by mediation and by the example of respected elders than in court. Later, Confucian scholars rose to power, and from the Han dynasty onward Confucian ideas were joined with the Legalist system of codes, so that the imperial legal tradition combined firm written law with the language of virtue and family duty.
The big idea
Good government rests on virtue, ritual and the example of the ruler. Law and punishment are a last resort, because people ruled by punishment avoid wrongdoing without shame, while people led by virtue learn to correct themselves.
Main work
The Analects
Legacy
Shaped the Chinese legal tradition for two thousand years, which wrote Confucian values into its codes.
The school of thought
- Chinese Legalism and Confucianism: Order through strict public law, or through virtue and ritual?
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