A comparison between western and east Asian philosophies - Essay Example

Teacher Law and Justice: A Comparison Between Western and East Asian Philosophies Throughout human civilization, cultures have largely dealt with issues of law and justice in various ways. Some resort to strict laws with rigid levels of punishments associated with violators, while others resort to more spiritual or philosophical approaches. In the end, the various cultures of the world have not developed in a linear fashion when it comes to the development of a conception of law and justice. There is perhaps no more stark example of this than to compare and contrast the Western and East Asian conceptions of law and justice. Upon just taking a cursory look at this topic, one will immediately be struck by the historicity of both legal systems, with the Western ideal drawn a great deal from Ancient Greek and Roman systems of law and justice, and East Asian drawing heavily on teaching of Confucianism and other ancient philosophy based teachings. To begin, let us consider the prevailing East Asian mindset that typically goes into the consideration of areas of law and justice. It should be noted that East Asian thought typically includes a wide range of traditional philosophies combining a mix of Japanese, Korean, and Chinese ideas that span more than 2,500 years of history (Moody 166). The focus on this comparison with the West, however, will primarily deal with the Chinese influence, dating back as far as 221 Before the Common Era. In considering how issues related to law and justice related back to both the preimperial Confucian stage, in addition to the incorporation of Daoist traditions, one must consider both historical and philosophical teachings. Even during ancient times, penal codes were enforced as a sense of corrective justice, but Confucius espoused a system whereby the political emphasis in Eastern philosophy was to support a more elitist system where virtues of fairness were perceived to be the humane course of actions (Bell 2009). Within this teaching, however, lied the incorporation of flexible standards that were to determine how opportunities and goods were to be distributive to the masses. This was referred to as distributive justice, which Confucian scholars taught was designed to eliminate the need for any type of corrective justice. In essence, the law is not to be applied equally to all classes of people, but the balance of power is to shift to the elite who then distributes justice to other as they see is best reflective of the times and the situations that society finds itself in. Western philosophies of law and justice have always tended to differ in this idea, tilted towards a more comprehensive system of corrective justice. Even the ancient Romans and Greeks developed a system whereby the courts decided the punishments that would be leveled for a particular crime. Law and justice was seen to be equally applied to all people, at least in theory. It should be noted that the early philosophical texts purported by the Daoists indicated an alternative to the Confucian way by offering the possibility of a benign form of anarchism. In this manner, the elite would have not intervene in many matters, choosing instead to be compassionate to all people and allow them to work out their differences on their own, in a spontaneous and uncontrived manner (Bell 2009). This system of anarchy allows the people to govern themselves, free from the ruling class intervening in all but essential affairs. This teaching, while important, is not generally considered as being widely accepted, as Confucianism still pervades must of East Asian philosophy and thought. There are ancient records dating the roots of certain widely accepted political policies and concepts in Ancient China back to 500 years before the time of Confucius. Confucius teachings, however, certainly form the foundation for the first major philosophical and ideological concepts related to institutional development, of which principles are law and justice are certainly a part of (Moody 166). The political vision that Confucius had was directly linked to early Chinese tradition, but also moved beyond this into a discussion of certain moral and political justifications that were needed to reestablish the monarchical hierarchical structure that had largely grown unstable. It can be said, therefore, the East Asian law and justice is largely predicated on the elite, while Western philosophy focuses more on the masses. In order to create a more structured group of intellectual who were seen as being able to balance both the interests of smaller political states within East Asia with the vision of establishing an even larger and more harmonious kingdom, Confucius taught and worked extensively to lay the cultural framework for royalty, various government minister, and other individuals who were dedicated to service of the king. In the mind of Confucius, any person who was able to attain such an exemplary status within East Asian society also developed the ability to know how to properly stifle their own selfish interests. In so doing, they were then able to perform certain required ritualistic services that were in line with the roles and duties that they were assigned. In the end, this formed the basis for the formation of the East Asian concept of law and justice. Whereas the West is more focused on manmade laws and an equal and collective form of justice, East Asian teaching involves certain ritual actions that are of paramount importance (Moody 166). These ritual actions can either take place among humans or be directed toward sprits, include a supreme deity that is focused on heavenly pursuits. Each of these ritual actions are unique and they are predicated upon establishing a sense of rightness in society. As a part of this notion of law and justice, East Asian philosophy espouses a belief that humans should away aim for an appropriateness in their behaviors and actions that results from an analogical projection, referred to as the shu, and balance that with a sense of faithful consistency, which is the zhong. Within these two methods lies a generalized sense of personhood. This is, however, a bit contradictory with traditions began with Confucius that had inherent limitations when applied to women, slaves, and angry people (Bell 2009). This is a parallel to ancient Western traditions of law and justice where women were not always treated equally under the law, slaves received almost no protection, and individuals of questionable mental status were often left ignored or cast out of broader society. As such, both East Asian and Western philosophies have a similarity in that the concept of law and justice is often applied unequal to people of power, and that certain disadvantaged individuals within a community, unless they can elevate their stature in society, are left out in the dark. Some modern day scholars liken the East Asian concept of a ritual-based personhood to modern legislation aimed at creating human rights for all (Bell & Chaibong 2003). This is support by the fact that Confucius did tend to mediate in matters of litigation, but he also worked to create a social condition where such interferences would no longer be necessary. When he, for example, defined the roles of various rulers and ministers throughout there region, he took the emphasis away from simply considering a punishment and put it towards ensuring that individuals were treated fairly based upon their particular crime. In essence, Confucius was set against produce a climate whereby the masses feared authority. In the West, individuals are taught that authority figures can swiftly deal with any crime and, as such, many in the Western sense of law and order do tend to fear authority figures throughout all segments of society. At the same time, it should be noted that Confucius teachings occurring much later did seem to allow for a moral justification that enabled blood-revenge as a possible way to resolve differences. This can be found in the Book of Rites, and is seen as providing a basis for limiting the tilt towards elitism and fairness in later dynasties of the Imperial Age (Moody 166). Master Meng wrote and taught extensively about creating a political justification for more humane government. This involved the cultivation of humaneness and a rightness that became the twin virtues that would serve to ground both moral and political life within the community. In addition, this would be fostered by relationships that people developed with one another that would extend into their own respective social circles. Within these circles, principles of law and justice would be further defined and create a sense of harmonious music, which was in line with the ritualistic teachings of Confucius (Bell & Chaibong 2003). East Asian philosophy further defines humans as possessing four basic moral sensitivities. With these concepts being included in our psyche, we could not appropriately conduct ourselves as a society, and individuals who do not have these moral components will be left out of being able to participate within a community type setting. The basic moral components in East Asian thinking involve compassion, shame, respect oryielding, and the ability to discern between right and wrong. It is with the last basic moral component of human beings that a convergence between East and West can be uncovered. Under both systems, a person who cannot accurately discern between right and wrong, either because of age or mental impairment, is treated differently in terms of law and justice. Compassion, however, is generally not a component of the Western form of justice as, again, all people are created equally in the eyes of the court, and offenders generally tend to be punished in accordance with set law, regardless of the circumstances. Eastern philosophy teaches that these four basic moral sensitivities end up developing into the virtues of humane cultivation, propriety, and wisdom. Any person who desires to be so can become exemplary and attain that status of a sage that Confucius taught extensively about. Exemplary people and leaders within society will espouse each of these virtues. Once that happens, social obligations within a community begin to be fulfilled, and government becomes beneficial to all people and law and justice is sustained (Bell 2009). It is a teaching that borders on Utopia, in that the masses become virtuous and live harmoniously with one another, in essence eliminating the need for more traditional forms of Western justice that seems to divide people between ‘good’ and ‘bad’. Early Confucian scholars noted that Eastern Philosophy and teaching promotes justice as being a system that arises from the virtues that are long cultivated by those who are cozen to be among the elite. This is not dissimilar to Plato’s conniption of a righteous city state in the West. In addition, this can be reflected in Aristotle’s support for limited democracy throughout society, which implies that justice should be conceived out of a feeling of harmony that is fused between the different classes in society. Early Confucian teaching, however, placed a much greater emphasis on the monarchy. The focus has been on a vision of creating social harmony, but the mechanism to reach this point was not discussed in great detail. Another parallel between the East and the West can be seen the early Confucian and Greek mindset and goal of social justice relying on a set of rational criticisms and a selective adoption of long established traditions. This thinking, however, relied too heavily on the sages in the East, while the West moved towards a promotional of rational decision making through the ideal of universal education and practices, each of which would lead to a sense of ethical and moral values being established among the masses (Bell & Chaibong 2003). Plato’s in-depth discussion of the rational method and the rationalized ideal of human nature is further supported by early Confucian teaching in terms of that latter’s multidimensional account of how human nature often results in a harmony of both emotions and rational thought. Even Aristotle had much in common with this type of Eastern philosophy, even though he did tend to lean toward a more rationalized understanding of ethics and social justice, whereas those adhering to the teachings of Confucius place more of an emphasis on emotional sensitivity. Both the ancient traditions of the East and the West, however, seemed to come to an agreement that the best form of society would be that which is guided by a group of rulers that espoused the virtues of law and justice long support by the ancient traditions and history of the land (Moody 166). In summary, the concepts of law and justice have long been linked to ethics and morals. Different societies have varying levels of ethics and morality, and the way in which those are defined often differ sharply. This has been demonstrated by examining the differences inherent in East Asian philosophy as compared to Western thinking. While both philosophies are similar in many ways, the East Asian mindset of focus on elitism as establishing a system of virtues for all to reach is unique within the construct of modern society. The West views ethics and morals as a more fluid situation that can be altered over time as society evolves and changes in their thinking. East Asian philosophy, on the other hand, is not as easy to change as certain virtues transcend time and continue from one generation to another. It is important, therefore, to understand both philosophies as they related to human suffering and dignity in an attempt to refine the legal system and a sense of justice that is both fair and understandable to all. While the method by which this is attained may differ sharply, the basic premise of law and justice does not. Works Cited Bell, D. A. “Beyond Liberal Democracy: Political Thinking for an East Asian Context.” (2009): Princeton. Bell, D. A., and Chaibong, H. “Confucianism for the Modern World.” (2003): Cambridge University. Moody, Peter. “Asian Values.” Journal of International Affairs, 50.1 (2012): 166. Read More