Confucianization of the Law: A Study of Speech Crime Prosecution in China
AbstractThe article explores the Confucianization of Chinese law, the legal adoption of Confucian ethical values and principles and the legal enforcement of Confucian ethical rules. Confucian ethics, values and rules alter the application of the law and inform and influence judicial decision-making norms. The Confucianization of the law in this manner is explored with regard to the prosecution of Qing speech crime cases. The article addresses whether officials, scholars and gentry, referred to as ‘cultured people’, are treated more favourably, or exposed to different and more restrictive Qing judicial decision-making norms. |