Sophia F. Gao

It is initially odd to ask whether Confucianism is compatible with systems of law. Confucian thought has co-existed with Chinese legal systems throughout the various dynasties of China’s long history. Nevertheless, despite the extensive laws that China has boasted, traditional Chinese legal thought is not typically recognized as a genuine rule-of-law system, given its focus on moral development and the “rule of man.” In this essay, we argue that Confucianism, specifically Pre-Qin Confucianism, is compatible with the rule-of-law. We examine the different models of compatibility, including “soft compatibilism” in which we examine whether abstract concepts between Confucianism and legal systems are compatible, as well as co-existing and integrating compatibilism. Co-existing compatibilism sees Confucianism and the law occupying different spheres within the same legal system while integrating compatibilism sees Confucianism and the law coming together into a new system. In this way, Confucianism offers China an alternative to liberal democratic and Marxist theories of law.

In recent years, Philosophy Departments at universities in China and worldwide have experienced a renaissance in discussion on Confucian thought. As the country draws from indigenous traditions, rather than leaning completely on the importation of Western liberalism and Marxism, Confucianism has critical implications for politics, ethics, and law in modern China. At the same time, democracy never left the conversation. Democratic concepts cannot be ignored and must be disposed of, acknowledged, or incorporated. The relationship between Confucianism and democracy has been described by various authors as one of conflict, critique, compatibility, and hybridity. In this article, we examine a compatibility model, in which compatibility between Confucianism and democracy can be divided into four types: soft, hard, coexistence, and integration. We examine compatibility by examining “what is compatible” and “how compatibility can be achieved” so as to design speculative models for what a contemporary Confucian government would look like. Our focus is mainly political philosophy in order to explain the effect of cross-pollination of Confucian and democratic thought on political society.