Article | Confucianism and the Asian Legal Model |
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Authors | Bevelikova N. |
Name of magazine | Scientific-practical professional journal «Comparative Law» (Ukrainian language) |
Issue | 3-4 / 2012 |
Pages | 146 - 156 |
Annotation | The proposed article deals with the impact of age-old traditions of Confucianism on the development of legal models of selected East Asian countries. The author showed the value-right perception of regulatory role of law in the differences in Confucianism and Legalism, received a clear division in the ancient times in China. The article explains how this difference reflected the variance of the value orientations in the process of Asian model shaping. The author identifies trends, leading to the strengthening of the role of traditions in the Asian model of law and analyzes its far from traditions rejection modifications. From this perspective the article discusses one of the dominant features of resolving legal disputes in China, Korea and Japan. The selection for the detailed review of the method of reconciliation of the parties due to the author is because it is the element of the Asian legal culture, formed over the centuries under the influence of Confucianism. |
Keywords | Far East Asian legal systems, tradition in law, Confucianism, reconciliation. |
References | |
Electronic version | Download |