Confucianization of Judges in Ancient China

Abstract

The codes of Chinese feudal society were based on the doctrine of legalism, but the judges generally adhered to Confucian philosophy. Although there was also a group of Coolies [strict or harsh officials] in feudal China who were far from Confucian norms of behavior, there were very few of them. It should be noted that the strict officials (Coolies) of the Han Dynasty were different from the later "harsh officials" (Coolies). The former were faithful to the law, while the latter manipulated the law. Some of the strict officials under the Han Dynasty were closer to Confucian norms of behavior.

According to the author, based on the general social environment of Ancient China, the ideal of Confucius was to strive to create a society “without litigation,” and Confucianism was preached by dezhi [virtuous government], zhenzhi [human governance], and lizhi [Ritual-based government]. Therefore, the judgment that the ancient officials were generally Confucianists without mastering legal knowledge is well founded.