Notions of justice: a comparative cultural analysis

Abstract

This paper compares the conception of justice grounded on the liberal political thought and the Chinese notion of justice deeply rooted in Confucian and Legalist theories from the standpoint of the political culture they each supports. It argues that whereas the former supports the liberal culture marked by the plurality of reasonable doctrines and by seeing persons as free and equal, the latter supports an authoritarian culture based on a dogmatic, comprehensive moral doctrine. Such cultural differences have made it difficult for the Chinese elite holding a Confucian view to negotiate and appreciate the political conception of justice as fairness. This paper suggests that it is important for a modern state to formulate philosophies that accommodate the plurality of diverse and often incompatible doctrines and also to think about justice in procedural terms. For China to achieve this requires a change of political culture.