The Confucianization of the Legal Systems in Western and Eastern Han Dynasties

Abstract

In Han Dynasty, the system of Qin Dynasty was inherited and under the new historical circumstances, a stable feudal country with unified politics, economy, and culture was developed. However, with the stabilization and expansion of the country, especially with the need of the development of the society, the governing strategy of the rulers changed from the ideology of “Huang Lao” (a branch of Taoism represented by Huang Di and Lao Zi) in earlier times to that of Confucianism, which was in support of great unity. Since Emperor Wu, the policy of “rejecting the other schools of thoughts and respecting only Confucianism” was carried out in the Western Han Dynasty. Hence then, “Lun Li” (ethics) and “Gang Chang” (the Chinese ethical tradition) of Confucianism centered by “San Gang” (three cardinal guides) became the dominant ideology. Emperor Wu also approved of the proposal of making judicial judgment in accordance with Chun Qiu (Spring and Autumn Annals) put forward by the Confucianism expert, Dong Zhongshu, by which Confucianist ideology was introduced into the judicial field. Thus, from Qin Dynasty to early Han Dynasty, a transformation from the domination of legalism to that of Confucianism was undertaken. Just as Emperor Xuan had said, “Han Dynasty has established its own systems on the basis of legalism. How can we just use Confucianism? Are you prepared to adopt the system of Zhou Dynasty?” It can be inferred that the sole respection of Confucianism just meant that Confucianism was only used as the outerwear, but in the practice of ruling the country, it was unavoidable that the law of Shen Buhai and Shang Yang would be used, which was the so-called “Confucianism outside with legalism inside.” But the feudal ethics of “Lun Li” (ethics) and “Gang Chang” (the Chinese ethical tradition) were more compatible with the moral codes and mental state of the Chinese people, so they were gradually accepted by the society, and were used in every aspect of social life, by which the status of Confucianism was consolidated.