L’influenza della concezione confuciana sulla costruzione del sistema giuridico e politico cinese

According to a part of the academic law doctrine, the law should be considered as a rule of conduct, but, most of the times, these opinions have the objective to reduce the law to the category of the norms, in view of distinguishing the legal norms from the others. On the basis of the definition we accept in this research, law is a broader concept and it cannot be considered as a completely autonomous discipline. When somebody studies or uses the law, he is, sometimes unconsciously, conducted to take advantage of some knowledge belonging to other fields in theory far away from the law. The present analysis starts from the premise that “the science of law, […] as a human science, is strictly related with the broader contexts of the philosophical knowledge” and that “the study of a jurist cannot disregard and abstract from its unavoidable, conscious or not, philosophical and cultural ancestry”. Therefore, an exact definition of the law will be absolutely necessary not only for the disciplines such as the philosophy and legal theory, but even for the judicial disciplines. Moreover, it will be important for reconsidering and placing as real “juridical orders” the societies (such as China) which have been believed as primordial, just because it has been thought that in those contexts the law was confused and indistinct to the morals or to the religion. It will be described the Confucian conception of social order, harmony, medium, and the position of individuals inside the Chinese society, the law (Fa), the costumes and the morals (Li), the school of thoughts in the Chinese legal tradition, the legal pluralism and this notion adapted to the Chinese context.