9. A Confucian Legal Tradition: Make it New (with Marx?)
9. A Confucian Legal Tradition: Make it New (with Marx?)
- H. Patrick GlennH. Patrick GlennPeter M Laing Professor of Law at McGill University, Montreal
Abstract
This chapter examines the history of the Confucian legal tradition. The Confucian legal tradition is similar to that of the west (in its secularity) and to legal traditions which are religiously inspired (in its rejection in principle of formal structures and sanctions). However, it is precisely because of this combination that is also remains profoundly different from them. The Confucian legal tradition is law which is secular in origin, yet greatly limited, in its formal version, in its reach and effect.