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  • 13 - Confucian Legal Tradition

  • from Part II - Legal Families and Geographical Comparisons
  • Edited by Mathias Siems, European University Institute, Florence, Po Jen Yap, The University of Hong Kong
  • Book:
    The Cambridge Handbook of Comparative Law
    Published online:
    26 January 2024
    Print publication:
    01 February 2024, pp 256-274

  • Summary

    This chapter conceptualises the Confucian legal tradition as a historically extended and legally embodied Confucian argument. The Confucian legal tradition has three features. First, it is jurisprudentially founded on a set of Confucian concepts and principles justifying the importance of good men. Second, the Confucian argument is embodied in structural institutions and legal codes in premodern and modern East Asia (China, Japan, Korea, Vietnam). Third, legally embodied Confucian concepts and principles are historically extended for thousands of years from formation, consolidation, and transnationalisation to modernisation.