How is justice understood in classic confucianism


Assignment:

Reply to each post (Must be 150 words long each) The minimum requirement is four (4) scholarly sources with at least one (1) source a peer reviewed article published in the last 7 years.

1) The superior man is trying to live a life of good moral standards with respect to mankind (Duvert, 2018). Also, he is saying as long as you follow the path of good, and do not be afraid, the consequences will turn out to be what they are (Bai, 2010). And, to reference the inferior man is to have the understanding he is not concerned with seeing or trying to change the full picture but accepting his life as status quo. A que sera sera type mentality. The totality of the law to the inferior man is not worrisome for he only cares about the consequences for his actions.

To compare the information obtained during this course, and the teachings of Confucius, it would be an injustice to rush to judgment until the process of guilt or innocence could be tried. In the Confucian world view, the rule of law is applied only to those who have fallen beyond the bounds of civilized behavior (Liu, 2003). In the many cases researched during this course, most of the defendants did fall outside of the law. The duty to bring justice to mankind and the state is described to be a bond between the defendant and the justice system. If the defendant is found guilty then the punishment is clear, and after the debt has been paid, man is able to be a part of the world once more. If the affairs of humanity are in good hands, then man can enjoy life roaming around the world.

It seems there is more to say about the superior man. He is as most strive to become. This man is fearless, he has composure, firmness, growth, and many other characteristics that are appealing. He is also one who identifies his own faults and fixes them for the world to see. The superior man is just. The inferior man is treading water through life.

References

Bai, T. (2010). What to do in an unjust state?: On Confucius's and Socrates's views on political duty. Dao: A Journal of Comparative Philosophy, 9(4), 375-390.

Duvert, C. (2018). How is justice understood in classic Confucianism? Asian Philosophy, 28(4), 295-315.

Liu, H. C. K. (2003). The abduction of modernity. Asia Times Online.

2) Renowned ancient Chinese philosopher Confucius was primarily concerned with moral self-cultivation and the widespread establishment of social order (Huff, 2016). One of his famous sayings, "The Master said, the junzi comprehends according to right, the small man comprehends according to profit" can be translated as "The superior man is concerned with virtue; the inferior man is concerned with law" (Eno, 2015). Basically, Confucius believed and taught that the superior man, or junzi, focuses on living a virtuous life in every aspect.

Merriam-Webster Dictionary defines virtue as conformity to a standard of right: morality. The definition also includes that virtue consists of manly strength and courage ("Virtue", n.d.). A superior man lives by a moral code. He controls his thoughts and actions, not being easily swayed as an inferior man. The superior man sets positive examples, and strives to do what is right at all times for the betterment of himself and society as a whole.

On the other hand, a man that is concerned with only law or profit, is considered inferior or less of a man by the teachings of Confucius. An inferior man is small minded and focuses his attention on what he can gain and what will be solely beneficial to him.

This particular quote relates mostly to what I learned in the first unit pertaining to state of mind. Mens rea is the specific mental state of the defendant at the time of the crime, also known a guilty mind (Schmalleger & Hall, 2017). A virtuous man is far less likely to even fathom allowing himself to consider committing crimes, and actually carry them out. Yet, an inferior man possesses specific intent because of greed, selfishness, and lack of morals.

It is also possible for an inferior man to find himself acting as a willing participant in criminal conspiracy acts and/or criminal solicitation, as mentioned in the third unit. A criminal conspiracy is an agreement between two or more people to commit or to effect the commission of an unlawful act, while criminal solicitation is encouraging or demanding another person to commit a crime (Schmalleger & Hall, 2017). Inferior men can conspire with together for various reasons such as financial gain, or even to bring shame on others, slandering their names and character.

Those who lack morals are also more likely to engage in morally degrading acts that cause a beach of peace to society which unlawfully and unreasonably disrupts the peace in society (Schmalleger & Hall, 2017). With a concern primarily for self, inferior men have little to no regards for public order, decency, and morality, unlike men of virtue and righteousness who appreciate a tranquil quality of life for all mankind.

References

Eno, R. (2015). Book IV. The Analects of Confucius.

Huff, B.(2016). Putting the way into effect (Xing Dao): Inward and outward concerns in classical Confucianism. Philosophy East & West, 66(2), 148-448.

Schmalleger, F. & Hall, D. (2017). Criminal Law Today. (6th ed.). Pearson/ Prentice Hall.

Virtue. (n.d.). Merriam-Webster Dictionary.

Solution Preview :

Prepared by a verified Expert
Business Law and Ethics: How is justice understood in classic confucianism
Reference No:- TGS03202001

Now Priced at $20 (50% Discount)

Recommended (99%)

Rated (4.3/5)