Public Law Studies Quarterly

The Influence of Buddhist and Confucian Teachings on Public Law

Document Type : Article

Authors

Hamed Sohrabi 1
Mohammad Javad Javid 2

1 PhD student, Public Law, Ares International Campus, University of Tehran, Tehran, Iran‎

2 Prof., Department of Public Law,‎‏‌‏‎ Faculty of Law and Political Science, University of Tehran, ‎Tehran, Iran

https://doi.org/10.22059/jplsq.2024.364755.3389
Abstract
The expansion of societies has made the establishment of government a necessity, and public law is shaped by various schools of thought to regulate the interactions between people and the government. The teachings of Buddhism and Confucianism have a significant impact on the formulation of governmental legal rules and political equations. Despite the differences in individualism in Buddhism and collectivism in Confucianism, the main actor in ensuring the well-being of society (whether the people or the government) and the appropriate method of governing the country has always been a focus of attention. Considering that legal schools reflect the roots and objectives of law, this paper, through a library study, aims to answer the question of the position of public law, or in other words, the impact of the teachings and beliefs of Buddhism and Confucianism on the field of public law, by examining ontology, anthropology, sociology, epistemology, and methodology for a precise understanding of these schools. It is observed that both schools regard the well-being of society as resulting from moral virtues and, in times of decline, through the enactment of laws, as a consequence of the reform of rulers and governance.

Keywords

Buddha
public law
government
Confucius
school
Subjects

  1. English

    1. Clark, Anthony E. (2011). China's Saints, Bethlehem: Lehigh University Press.
    2. Eliade, M. (1987). The Encyclopedia of Religion. Vol. 4, New York: Collier Macmillan Publisher, London.
    3. Kiang, P. (1933). The Social Aspects of Confucianism and Taoism. Boston University.
    4. Rainey, L. D. (2010). Confucius and Confucianism. the Essentials, New Jersey: Wiley-Black Well.
    5. Walshe, W. Gilbert. 1981. Confucius, in: Encyclopedia of Religion and Ethics, Edited by James Hastings, vol. 3, Edinburgh: T. and T. Clarck LTD.
    6. Zhang, W.B. (2000). On Adam Smith and Confucius. New York: Nova Science Publishers.

     

    References In Persian:

    1. A) Books
    2. Arya, G. A. (2000). Familiarity with the history of religions. Paya Publications, third edition (In Persian).
    3. Binas, J. (1991). Comprehensive History of Religions. translated by Ali Asghar Hekmat, Islamic Revolution Education Publications, fifth edition (In Persian).
    4. Durant, W. (1999). History of Civilization. Vol.1, translated by Ahmad Arami, AD. Pashayi and Amir Hossein Arianpour, Scientific and Cultural Publishing Company, 6th edition (In Persian).
    5. Hamilton, M. (2008). Sociology of Religion. translated by Mohsen Salasi, Sales Publishing, third edition (In Persian).
    6. Imam Khomeini Educational and Research Institute (RA) (1377). Philosophy of Law, Qom, Publications of Imam Khomeini Educational and Research Institute (RA) (In Persian).
    7. Jaspers, K. (2009). Confucius. translated by Ahmed Samii, Kharazmi Publications, second edition (In Persian).
    8. Javadi Amoli, A. (2001). Man's Expectation from Religion. Qom: Asra Publications (In Persian).
    9. Katouzian, N. (2003). Introduction to the science of law and its study in Iran's legal system, Tehran: publishing company, 33rd edition (In Persian).
    10. Krill, H. G. (2014). History of Thought in China. translated by Marzieh Soleimani, Tehran: Mahi Publishing, first edition (In Persian).
    11. Login, M. (2021). Basics of Public Law. translated by Mohammad Rasakh, Nei Publishing House, 8th edition (In Persian).
    12. Ming, Du W., Strickman, M., & Reynolds, F. (2018). Confucianism, Dao and Buddha. translated by Gholamareza Sheikh Zainuddin, Marwarid Publishing House, 4th edition (In Persian).
    13. Poladi, K. (2015). Political Thought in the Ancient East. Markaz Publishing, first edition (In Persian).
    14. Rajabzadeh, H. (1999). Thus Said Buddha. Asatir Publications, third edition (In Persian).
    15. Tawfighi, H. (2000). Getting to know the great religions. Samt Publications, first edition (In Persian).
    16. Tisa, S. (2004). Buddha and His Thoughts. translated by Mohammad Taghi Bahrami Haran, Jami Publishing House, first edition (In Persian).
    17. Yulan, F. (2001). History of Chinese Philosophy. translated by Farid Javaherkalam, Farzan Publishing House, first edition (In Persian).

     

    1. B) Articles
    2. Montazeri, Seyed Saeed Reza and Narges Khandel; (1400). Review of Confucius' political thoughts in the formation of Utopia. Journal of Religious Studies, (18), 170-186 (In Persian).
    3. Qarai, F. (2003). An Ideal Man from the Perspective of Far Eastern Schools. Islamic Studies Journal, (59), 91-124 (In Persian).
    4. Rostamian, M. A. (2012). Ethics and wisdom from the perspective of Farabi and Confucius. Revelation ethics specialized magazine, 1 (2), 157-123 (In Persian).
    5. Shariati, Shahrouz and Mousavi, S. S. (2021). Confucianism and China's Foreign Policy Doctrine. International and Political Research Quarterly, Shahreza Islamic Azad University, No. 49, 1-20 (In Persian).
    6. Shehate Saafan, H. (1980). Immortal Works of Five Books of Confucius. translated by Mohammad Baqer Mousous Gharavi, Hodhod Monthly, 2(7) 7, 687-679 (In Persian).
    7. ZibaeiNejad, F. (2019). Cultural difference between Islam and Confucianism in the implementation of the government system. bi-monthly Journal of the Language and Culture of Nations, 3(5), 257-288 (In Persian).

     

    1. C) Research report
    2. Mohammadi, H., & Najarzadeh, M. R. (2014). Getting to know the concepts of public law; Examining the concept of legal schools. research report of the system studies office of the Guardian Council Research Institute, serial number 13940178 (In Persian).
Public Law Studies Quarterly
Volume 55, Issue 3 - Serial Number 43
Autumn 2025
Autumn 2025
Pages 1607-1631

  • Receive Date 04 September 2023
  • Revise Date 14 April 2024
  • Accept Date 17 September 2024

Home

Journal Process Ethics

Peer Review Process

Submission

Indexing and Abstracting

Contact Us