Confucianism versus Constitutionalism

Authors: Yu Chen

Affiliation: associate professor in the College of Sociology, Linyi Normal University, China.

Abstract: Characteristics of legal culture of Confucianism and constitutionalism are discussed and primarily compared in this paper, which might be helpful to discard the dross and retain the essence for Chinas pursuit for the goal of rule of law. Confucianism and constitutionalism as two different legal cultures suitable to their respective era have many different characteristics. In Confucian legal culture, moral restraint is the best means to rule, so rule of man( virtuous emperor at best) is what Confucian legal practice consolidates.

Key words: Confucianism, Constitutionalism, Comparison, Legal culture

Page : 25-33    Vol.2, No. 2, 2007