Hindu and Confucian Traditional Law 1
Hinduand Confucian Traditional Law
Hinduismand Confucianism are some of the oldest and widely practicedreligions in the world. The dedication to perpetuating the traditionsassociated with the ideologies has enabled those who profess itretain most of the ancient practices. Unlike Hinduism, Confucianismis practiced by individuals who are not of Chinese origin. Citizensfrom the Western and Asian countries have embraced the traditionsince it is considered to as a progressive recipe for social life.Despite having similarities in their contribution to personal andcommunal progression, Hinduism differs from Confucianism since it ismore inclined to religion rather than pursuing a philosophicalapproach.
Thetwo traditions have a pronounced trio of principles that guide theirpractices. Hinduism concentrates on Karma,Dharma,and Samsara.Karmaoutlines that the effects of a person’s actions always boomerangback in their lives. Dharmaisthe belief that there is a moral force that controls the universewhile Samsarais the presumption of rebirth or cyclicality. Patrick Glenn, LegalTraditions of the world: Sustainable diversity in law 296(2014). Confucianism also has its traditional trio teachings of Ren,Lin,and Xiao.Linis the moral disposition to do good just as indirectly enforced byKarmain the Hindu traditional law. Renisthe virtue form of heaven while Xiaois the ability to see what is right and fair. John Berthrong &Evelyn Berthrong,Confucianism: A short introduction21 (2014).
Secondly,the two legal traditions are geared towards making society better.The Hindu law achieves this through the inter-jatiinteractions. The violation of such rules would result in anindividual being expelled from the community. The Confucian law alsoenforced this through the strict policies on education. The traditionheld individuals responsible by encouraging them to be the bestprofessors of the practices that could allow peaceful co-existence.Anna Sun, Confucianismas a World Religion: Contested histories and contemporary realities43 (2013). It is, therefore, evident that both traditions focused ona stable society with effective structures.
Nonetheless,the traditional legal aspect of the two epic practices had somevariations. First, Hindu law focused on a religious system. Theidentity of those who practiced the law is achieved by paying tributeto gods and goddesses. This is practiced by referring to theauthority of Vedas and the plurality unity of spirits. Patrick Glenn,LegalTraditions of the world: Sustainable diversity in law306 (2014). On the contrary, the Confucian law has no gods and itinclines to the moral, political and social philosophy. Theinspiration to live a fruitful life is drawn from Confucius who setthe path for knowledge. It is from his principles that those whoprofess the ideology draw inferences that they mix with realistlegalism. The motivation to better one’s life, therefore, is notunder the watch of a deity or a collection of particular godsassociated with given behaviors.
Secondly,the Hindu law is passionate about the concept of honor that it seeksthrough Dharma.The law stipulates that individuals have to acknowledge and liveaccording to rtathat outlines the rights, duties, and virtues. Patrick Glenn, LegalTraditions of the world: Sustainable diversity in law 247(2014). The cosmic law introduces a given order in the society thatleads to moral transformation of human beings setting them on thepath of righteousness. This breeds honor to those who fulfill therequirements. McCarthy Murakami, Religiosityand ethical ideology of physicians: A cross-cultural study,53 Journal of religion and health 244, 247 (2014). On the otherhand, Confucian law focuses on the concept of filial piety. Asmentioned, the philosophy does not revere a deity and its practicescoverage to changing human abilities. Confucian Law upholds therespect for parents, elders and ancestors. Unlike the Dharmathatguides moral law in Hinduism, the classic XiaoJingacts as the authoritative reference for the Confucian tenets offilial piety.
Inconclusion, although the two ideologies are geared towards making thesociety progressive by enforcing virtues and responsibility, theyhave a contrasting approach. Both have guiding principles that defineand guide moral conduct. Hindu law inclines to religion whileConfucian is more of philosophy.
AnnaSun. Confucianismas a World religion: Contested histories and contemporary realities.Princeton: Princeton University Press, 2013.
JohnBerthrong & Evelyn Berthrong. Confucianism:A short introduction. OneworldPublications, 2014.
McCarthyMurakami. Religiosityand ethical ideology of physicians: A cross-cultural study. Journalof religion and health 53,1 (2014): 244-254.
PatrickGlenn. Legaltraditions of the world: Sustainable diversity in law. OxfordUniversity Press (UK), 2014.