Hindu Confucism
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Liberty University *
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Philosophy
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Apr 3, 2024
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Hindu and Confucian Legal Traditions
This week our assignment is two similarities and two differences between the Hindu and Confucian legal traditions. Similar to other legal systems that stem from a religious belief system
the Hindu legal system has many traditions that are based on religious beliefs. Although many say that Confucianism is not a religion but rather an ethical guide, technically secular, to life many do see it as a religion of sorts, as many of its traditions are well rooted in this belief system. Similarities
Both systems emphasize making moral and ethical decisions as these are foundational beliefs in each system. In Hinduism, the concept of dharma, or ren in the Confucian system stresses the importance of ethical conduct. Additionally, each stresses the upholding of the rule of law as an individual responsibility through ethical conduct which creates societal harmony. In each of these legal systems, it is stressed that it is one's duty to be ethical in order to maintain social order and harmony throughout society. The Confucian legal principles stress allegiance and devotion to family to promote social cohesion and stability in addition to the allegiance of hierarchical relationships. While the Hindu legal traditions, with their adherence to karma and dharma, stress the bringing about of balance and justice in social relationships. In this, both systems place high importance on harmony and social order. In our reading, I learned that “being hindu originally had to do with territory rather than belief, and shifted gradually to belief as the belief spread.”
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Differences
The Hindu legal system is very closely aligned to the religious teachings found in Hinduism. Especially those that are found in the sacred texts of the Dharma-shastra, the ancient Indian body
of jurisprudence that refers to the treatises on law and conduct, and the Vedas (knowledge), the oldest Sanskrit literature of Hinduism. As an almost opposite the Confucian legal system is more secular in origin. It draws its adherence to ethics and principles from a secular teaching model that was designed to promote social order. While the Hindu legal traditions are based on a series of texts and purely religious scriptures that teach about social relationships, proper legal responsibilities, and ethical conduct, the Confucian legal system places more emphasis on the importance of education and ethical leadership. It places a higher importance on virtue and the cultivation of it rather than on civil laws. The approach to punishment is also very different. While karma and reincarnation play large roles in the Hindu legal system in the Confucian system there is a stress on the rectification of moral conduct through societal harmony and education. Conclusion
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H. Patrick Glenn, Legal Traditions of the World, Fifth Edition, 2014, p288
Although there are similarities amongst these two systems there are also some very obvious contrasting points. Each system has its value and as in most things a blending of systems, when possible, may be best.
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