Confucian principles, Reason and Conscience: Three “Imitating the Heaven” Judicial Paths of Ancient Confucian Judge

Abstract

When Confucian officials hearing case in ancient China, they should not only consider the written provisions of the law, but also consider the higher norms outside the law, the Confucian principles, Reason and Conscience are the main manifestations of these norms. The Confucian classics are the words of the sages, which are considered the truth of the Heven. Judicial decision according to the “Confucian Principles” means trying cases according to the way of heaven. “Reason” is the fusion of “human feelings” and “heavenly principles”, and “human feelings” are the embodiment of “heavenly principles” in social life. The Original Heart” or Conscience is the manifestation of the “heavenly principle” in the hearts of the people, and the judge hears the lawsuit according to the “Original Heart”, which is to follow the “heavenly principle” to judge the cases. All these are the “Imitating the Heaven” ways in judicial field, which has made up for the shortcomings of the written law to a considerable extent. This has also corrected the possible injustice of the written law, reflecting the Confucian officials’ pursuit of “natural law” and judicial “justice”.