Editing Chinese law (section)

==== Confucianism ====
{{Unreferenced section|date=July 2024}}
The basic premise of Confucianism is the idea that human beings are fundamentally good. With this optimistic view on human potential, Confucius advocates for ruling through ''li'' – traditional customs, mores, and norms – which allow people to have a sense of shame and become humane people with good character, rather than through government regulations and penal law. The idea is that people will internalize the acceptable norms and only take proper actions. This will not only lead to a harmonious social order, but it will also provide the additional benefit of improving an individual's inner character and the overall quality of the society. In contrast, codified laws require external compliance, and people may abide by the laws without fully understanding the reason for compliance. As such, a social order achieved through formal laws does not come with the additional benefit of better citizenry. However, even Confucius did not advocate for the elimination of formal laws. Rather, according to Confucianism, law should be viewed as a subsidiary tool primarily to be used against determined wrongdoers who cannot be affected by moral instruction.<ref name=":Laikwan">{{Cite book |last=Laikwan |first=Pang |title=One and All: The Logic of Chinese Sovereignty |date=2024 |publisher=[[Stanford University Press]] |isbn=9781503638815 |location=Stanford, CA}}</ref>{{Rp|page=39}}

As Confucius rejects the general use of formal laws to achieve social order, what lies vital to Confucius' theory is the willing participation by citizens of the society to search for commonly accepted, cooperative solutions. In addition to willing participation of citizens, there must also be grounds or bases upon which commonly acceptable solutions can be arrived at – the concept known as ''li''. ''Li'' is commonly understood as a set of culturally and socially valued norms that provide guidance to proper behaviors that will ultimately lead to a harmonious society. These norms are not fixed or unchangeable over time but rather a reflection of what is accepted at a particular time in a particular context. When conflicts arise, the ''li'' have to be applied and interpreted to produce a just result and restore the harmony of the society. However, in the absence of any procedural safeguard afforded by codified laws, interpretation of ''li'' is subject to abuse.

Recognizing that people in a society hold diverse interests, Confucius charges the ruler with the responsibility to unify these interests and maintain social order. This is not done by dictatorship but by setting an example. Therefore, a ruler needs not to force his people to behave properly. Instead, the ruler needs only to make himself respectful, and the people will be induced and enlightened by his superior virtues to follow his example – an ideal known as ''wúwéi''. Nevertheless, the ruler must know and understand the ''li'' to be able to create solutions to conflict and problems the society faces. As the people are to follow the moral standards and example set by the ruler, to a large extent, the quality of the ruler determines the quality of the political order.

Although discourse in Confucianism considered law as an inferior means of control when compared to morality and ritual, law in Confucian China was in practice overwhelmingly penal.<ref name=":Laikwan" />{{Rp|page=39}}