The Effect of Confucianism on East Asian Legal Systems

Abstract

Many will believe that the formal legal systems of all states around the world have a common jurisprudence in Western philosophy and are formed for the same purposes. But an exploration into the practices, regulations, and case law of certain East Asian nations will show a significant disparity between legal systems in the West and those in countries that have been influenced by Confucianism. Through a firm understanding of Confucian history, its principles, and the theories that have challenged it throughout history, we can examine the legal systems of East Asian states. For this analysis, we will look at the legal systems of China, Korea, and Japan in an attempt to see how differences in jurisprudence and cultural influences have affected their legal systems.