Explain two similarities and two differences between the Hindu and Confucian Legal traditions.

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Discussion reply:
Ashley Pope
Explain two similarities and two differences between the Hindu and Confucian Legal traditions.
The Hindu law is closed related to Hindu philosophy or Hindu theology. To understand the Hindu legal tradition, you must identify Hindu thought. Hinduism weights karma, which is what we do in life, and there are good karmas, which bring well-being and pleasure, and bad karmas, which bring sadness and suffering. Therefore, actions can never be separated from consequences. H. Patrick Glenn, Legal Traditions of the World 296 (5th ed. 2014). This is an important key feature to understand about this tradition as it sets up the way the system views its participants and their decisions.
Dharma and The King. Dharma runs through everything. Dharma signifies that which sustains and upholds life. Dharma infuses Hindu law and all the obligations of Hindu tradition, which is commonly translated to religion. The principle of the king’s dharma is to enforce the dharma of others. H. Patrick Glenn, Legal Traditions of the World 299 (5th ed. 2014).
This suggests that in principle the Hindu legal system is a system that based itself on acts but also the responsibility of the leader to decide on these acts to enforce quality of life, for the individual but also the whole. Hinduism therefore just has to be a ‘commonwealth of all faiths’ since that is how it sees the world, infused with a unity of Spirit under the plurality of forms. H. Patrick Glenn, Legal Traditions of the World 305 (5th ed. 2014).
A similarity between Hindus and Confucian thought exists with individual rights. An explicit concept of rights is not found in Confucian thought. H. Patrick Glenn, Legal Traditions of the World 353 (5th ed. 2014). Hinduism also appears where individual right is not explicit because of the effects of the caste system that concerns itself with one’s past life.
Just as Confucian thought. Confucianism is not understood as a state ideology or as a set of practices that is ‘more a kind of product of time and historical circumstances, but as a philosophical thought that transcends time. Tongdon Bai, The Price of Serving Meat—On Confucius’s and Mencius’s Views of Human and Animal Rights 19 Asia. Phil. 85 (2009). The second similarity is that both do not appear concerned with social inequality and human rights. The influence, on the whole, appears to be more important than a single individual.
Differences include that an individual in Hindu thought is seeking harmony within this life and other lives. Confucian thought seeks harmony within this current life. Both seek harmony but it appears harmony on different planes. Another vast difference between Hindu legal systems is that the Hindu tradition could also be viewed as religious. Confucian law is not seen as a religion. H. Patrick Glenn, Legal Traditions of the World 320 (5th ed. 2014). Confusion theory is more secular like western traditions. Id.

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