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Article
The Bridge to a Western Confucianism: Between Legal Theory and Private Law
Author(s)
Domenico Bilotti
Full-Text PDF XML 809 Views
DOI:10.17265/2328-2177/2019.08.006
Affiliation(s)
University “Magna Graecia” of Catanzaro, Catanzaro, Italy
ABSTRACT
The aim of this essay is to
analyse the future of Confucianism in Western societies or, at least, through
the exegesis of Western scholars. To realize this overview definitely means to
verify how Confucian thought crossed many contemporary and later theories,
especially in juridical fields as the theory of private law and the public
comparative law. That system of customary rules and pragmatic ethics did not
fail to face the modernity by enlarging its views in the context of much more
complex societies: So, a typical phenomenon of Eastern civilities, to the point
that it is generally considered the most peculiar inheritance of both Chinese
spirituality and administrative political science, became an interesting and
suggestive test bench for different starting points. If it is correct to say
that this is not a proper nowadays stance (remembering the praise of Leibniz
and Voltaire, for instance), it is even more likely that Confucianism will
catch the attention of a larger academic audience also in the nearest future
and not only narrowing its rise to the enormous economic growth of the Chinese
influence and ruling role in the world, directly getting a level of strength
not far from the American governance. Unsurprisingly, the first defined
approaches to a Western Confucianism, mixing elements from its absolutely
unique written or traditional sources and aspects taken from the comparison
with other cultures, are still coming from United States’ universities, in the
scientific field of sinology and, step by step, comparative law’s scholars and
legal theorists. This fascinating development that opens up Confucian ethics to
a bigger spectre of teachings and belongings is happening while Confucian
rituals, temples, and precepts are reaching in modern days China an always more
cohesive and aggregating religious phenomenology. The West looks for ideas,
while the East is trying to find stability around a metaphysical substructure
of common values to prevent conflicts and to keep societies safe.
KEYWORDS
ecclesiastical law, Confucianism, legal theory, private law
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