Confucianism is a Chinese ethical and philosophical system developed from the teachings of

the Chinese philosopher Confucius (551478 BC). t is a comple! system of moral" social"
political" philosophical" and #uasi$religious thought that has had tremendous influence on the
culture and history of %ast &sia. t might 'e considered a state religion of some %ast &sian
countries" 'ecause of governmental promotion of Confucian philosophies.
Cultures and countries strongly influenced 'y Confucianism include China (mainland)" (orea"
)ai*an" and +ietnam" as *ell as various territories settled predominantly 'y Chinese people"
such as ,ingapore. -apan *as influenced 'y Confucianism in a different *ay.
)he 'asic teachings of Confucianism stress the importance of moral development of the
individual so that the state can 'e governed 'y moral virtue rather than 'y the use of coercive
la*s.
Confucianism is humanism" a philosophy or attitude that is concerned *ith human 'eings" their
achievements and interests" rather than *ith the a'stract 'eings and pro'lems of theology. n
Confucianism" man is the centre of the universe. man cannot live alone" 'ut *ith other human
'eings. /or human 'eings the ultimate goal is individual happiness. )he necessary condition to
achieve happiness is through peace.
)he present study presents the conclusion of an pragmatic in#uiry into the theological impact
of Confucian ethics and philosophy in the development of &lternative 0ispute 1esolution and
other 2on /ormal 0ispute 1esolution 3echanisms. t is argued that &lternative 0ispute
1esolution (&01) is the tangi'le e!pression of li(Confucianism). Contentious" pricey" and time$
consuming" the via'ility of litigation as a dispute resolution tool *anes *ith each passing year.
n its place" prospective litigants increasingly demand cheaper and more proficient means of
resolving their disputes. &lternative 0ispute 1esolution (&01) methods" li4e mediation and
ar'itration" often provide parties *ith the added freedom and fle!i'ility to reali5e creative" *in$
*in solutions in a 6udicious and timely fashion. )hese favora'le characteristics have generated a
gro*ing interest in &01 among transnational legal scholars. 7ne avenue of particular interest is
the use of &01 in different legal traditions. )hough there is a common misperception that &01
is a novel *estern idea" many eastern legal systems have employed similar techni#ues for
centuries. n such systems" the use of &01 fre#uently stems from deeply held ethical" religious"
and philosophical values. n light of their understanding" such systems offer valua'le
perspectives on the merits of &01" and its idyllic role in the resolution of everyday disputes.
)he follo*ing discussion e!amines several legal systems *ith longstanding &01 traditions
speciallythe ,inic(Chinese) legal system from the /ar %astern 8egal ,ystem family since
Confucianism *hich is regarded as the philosophical foundation of &01 has *ide$ranging
influence on it.
)he mechanism used for this purpose i.e. if a person9s rights are infringed " threatened or
#uestioned 'y others " is court proceedings" in *hich a 6udge provided 'y the state resolves the
dispute on the 'asis of o'6ective la* 'y issuing a conclusive and 'inding 6udgment. & glance
at the legal system of the /ar %ast sho*s that this is not the only possi'le method in some
societies disputes are resolved 'y techni#ues other than suits at la*. t is true that even in the
*estern *orld there are many conflicts *hich are not usually or easily resolved 'y 6udicial
decision there are e!amples in international la* and in la'or la* and even in areas *here court
proceedings are effective parties may *ell have a considera'le interest in avoiding the pu'licity
of a dual in the state courts and resolving the dispute 'y compromise or ar'itration instead. 2ot
only does this save a lot of money 'ut it may help to maintain that sense of trust *hich
commercial men may hold more important for their future relations than the vindication of their
legal rights" especially under contracts of employment or license in arrangements
1
. )hus
alternative dispute resolution mechanism is ta4ing place of traditional court system day 'y day to
curtail the harassment of parties and avoid e!tra$cost. &01(&lternative 0ispute 1esolution) has
ta4en its spirit from Confucianism and in different legal system has 'een adopted as the 'est
mechanism and thus Confucianism even today is playing important and significant role to*ards
the development of comparative la*.
0espite conceptual differences" ho*ever" all systems vie* &01 as playing the same
fundamental role promoting greater peace and harmony *ithin their respective societies.
:aving its o*n inherent virtues" and providing its o*n uni#ue 'enefits" &01 ta4es on primary
significance in the resolution of disputes and thus *e are 'ecoming inde'ted to Confucianism as
the theological 'asis of all sorts of non$ad6udicatory dispute resolution mechanisms.
1
Zweigert, Konrad and Kotz, Hein , 1998. Introduction To Comparative Law: Clarendon re!!. "#$ord,
p.%8&

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Analects" form the foundation of much of su'se#uent Chinese speculation on the education and
comportment of the ideal man" ho* such an individual should live his live and interact *ith
others" and the forms of society and government in *hich he should participate. /ung =u$lan"
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influence in Chinese history *ith that of ,ocrates in the Aest.
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