Similarities
The two legal traditions share in the belief on how people live in the society. Hindu law is composed of religious, philosophical and social attributes that act as a guide to control the activities of people in the society (Ferguson, 2015). Confucian system of rites, likewise, determines how individuals should conduct themselves in day to day life. “Confucian holds one in contempt, either passively or actively, for failure to uphold the cardinal moral values of ren and yi,” (Liu, 2003). In both traditions the main aim is to achieve a greater state of being by Individuals.
Another similarity is that in both traditions, there is a common believe or both teaches that fixed rules might cause an injustice. Confucianism, only the foreigners or social outcasts’ conduct are to be controlled by law. “Confucian code of rites (liji) is expected to be controlling document on civilized behavior, not law,” according to Liu, 2003. In the Confucian view, rule of law is applied only to those who have fallen beyond the bounds of civilized behavior. The civilized ought to observe proper rites. In the Hindu legal tradition, dharma encompasses a wide range of human activities like mode of dressing and ritual purifications rather the law normally, (Aiyangar, 1994). Dharma in relation to law, places on every individuals the obligation to do what is right. Hinduism aims to provide individual with moral compass to guide virtue and piety.
Differences
The first difference is that Hindu law in nature connected minimally to the affairs of the central government as compared to the Confucian system. The latter is composed of a similar series of imperial codes or imperial magistrates which aid in governance by the supreme ruler. The Hindu law was more diverse in nature thus emphasis was on the practice of plurality and relative justice rather than uniformity of law. The pluralism is based on the wide application of the principles in the many sociocultural situations of Indian life, (Clarke, 2015).
The second difference is that for Hindu legal tradition is spiritually based while Confucian system is family based. Hindu legal tradition originates from the Hinduism believe in one creator that is Buddha. For Confucian, there is no belief in particular being. It is secular in origin, (Glenn, pg. 319). Confucianism uses the family as the basis of society and the relationship of the members of the family define the proper social and political behavior. Everyone has a duty to each member of the society.
References
- Gerry Ferguson; Criminal Liability and Criminal Defences; International Encyclopedia of the Social and Behavioral Sciences; 2nd Edition, 2015; www.sciencedirect.com/topics/social-sciences/hindulaw
- Henry C. K. Liu; Part 3: Rule of Law v. Confucianism; The Abduction of Modernity, 24th July 2003; http://large.standford.edu/history/kaist/references/confucius
- Rangaswami, 1994, Rocher 1972, Lariviere 1996; New World Encyclopedia.
- David S. Clarke; Legal Systems, Classification of; ; International Encyclopedia of the Social and Behavioral Sciences; 2nd Edition, 2015; www.sciencedirect.com/topics/social-sciences/hindulaw
- H. Patrick Glenn; A Confucian Legal Tradition; Make it New (with Marx); Legal Traditons of the World; Sustainable diversity in Law (5th edition); http://www.oxfordlawtrove.com
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