A Comparative Law Appraisal
Published online by Cambridge University Press: 31 August 2023
It is often said that while the West recognized the rule of law, China did not. Many scholars believe that Chinese courts applied Confucian norms of conduct that were expressed, not as rules, but as moral principles. Chinese magistrates, however, decided cases according to known rules. These rules concerned, not standards of conduct, but with the punishment appropriate in various cases of wrongdoing. A great deal of energy and intellectual sophistication went into determining how severely one offense should be punished compared with another. This concern went back to the first, and anti-Confucian dynasty, the Qin. It explains why the rule of law in China differed from the rule of law in the West, and why, although it was compatible with Confucianism, it was not an expression of Confucian moral principles.
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