Aksjologia prawa w Chinach – refleksje filozoficznoprawne

Agata Grabowska


Axiology of Law in China – Reflections on Legal Philosophy

The values are important in every system of law in every country. Social order of values is protected by law. Chinese order of values was created by Confucianism. Especially, value is ritual, propriety (li), which is more important than law (fa). Li is something like savoir-vivre, some rules.
Chinese is not only a person, but is a part of something bigger, member of family, citizen of country. Collective, group of people is important. So everybody has got some duties to family and duties to society. So very important value is family and virtue of goodness, humanity (rén) and filial piety (xiao).
It was a conflict between Confucianism and Legalism, but only in the beginning of the Chinese Empire (Qin Dynasty) legalism was the value of the state fa was in fact more important. From Han Dynasty until today li is important. Confucianism was the official doctrine of the state, legitimized by the authorities, and after 1911 remained in Chinese legal culture and in hearts of Chinese people. In the long history of China it was time, when Confucianism was not very popular or prohibited (e.g. in 20th century), but the truth is that Chinese values or Asian values, in fact the main values of law in China, are very Confucian values. Chinese law (fa) is in many places legalization or positivisation of ritual, propriety (li).