A Study on the Fundamental Nature of Legal Education: Drawing from the Perspective of Chinese Traditional Legal Culture ()
1. The Era Background of Legal Education Relying on Traditional Legal Culture
On November 16, 2020, Chinese President Xi Jinping put up a proposal during a speech at the Central Conference on Comprehensively Governing the Country according to Law. The establishment of a strong legal system in China is crucial for the overall development of a modern socialist nation and the realization of the Chinese nation’s rejuvenation ( Xi, 2021 ). This requires preserving the esteemed traditional Chinese legal culture, exploring a suitable approach to the rule of law based on China’s revolutionary, developmental, and reform experiences, and incorporating beneficial elements from foreign legal systems, as supported by historical evidence. Chinese ancient legal culture promotes the ideas of no litigation, no conflicts, and a harmonious rule of law, as well as the pairing of morals and punishment, manners and the law, and the rule of law and morality. The conventional “reason and law” approach, law enforcement, careful settlement of interest conflicts, and societal contradictions, along with a focus on the people, people-oriented thinking, and the rule of law for people’s livelihoods. The key to the construction of the rule of law is to adhere to Marxist guidance, adhere to the path of socialism with Chinese characteristics, and adhere to the theoretical system of socialism with Chinese characteristics, that is, to adhere to the sinicization of Marxist legal views. At the same time, we must also adhere to the organic integration of traditional Chinese legal culture and contemporary legal education. The cultivation of personal consciousness, the construction of disciplinary systems, the demands of the times, and the self-affirmation of cultural values are the factors that determine whether or not it is necessary to integrate outstanding traditional Chinese legal culture into rule of law education ( Wang & Wang, 2021 ). There is a continuous connection between Marxist legal views and traditional legal culture, because “law is deeply rooted in the history of a nation, and its true source is the universal beliefs, habits, and common consciousness of the nation ( Bodenheimer, 1999 ). Although times are changing and our concepts are also changing, we cannot deny that there are always various connections between new and old concepts. Old traditions may participate in shaping new traditions, and new traditions may also inherit and absorb old ones. The two have similarities, and we need to continuously interpret and infuse Marxist legal views into our rich traditional legal culture, in order to inherit the new ideas and vitality of traditional spiritual resources and rules from time to time.
There are two ways that traditional Chinese legal culture presents itself: “ethical oriented” and “social group oriented” ( Marx, 1964 ). First, it is important to analyze the ethical oriented aspect. The internalization of ethical ideas, such as Confucian ethics or patriarchal ethics, plays a significant role in the evolution and development of traditional Chinese law, influencing its spirit and guiding principles. According to Zhang (2003) , the principles of Confucian ethics have assumed a prominent role in shaping national legislation and the administration of justice. Consequently, the essence of Confucian ethics has been deeply intertwined with the substance of legal norms and the prevailing legal awareness among individuals. Subsequently, it attained extensive prevalence in accordance with the scriptures and regulations. According to the “Records of Criminal Law in the Book of Jin,” this assertion is made. Shi Zhu Law possesses a collection of over ten residences, each housing an extensive compilation of hundreds of thousands of phrases intended for the purpose of administering punitive measures to individuals. The explanatory texts are in compliance with the law, as authorized by the court. The presence of equal efficacy results in a preferential treatment of Confucian principles under legal rules. In the meantime, the Confucian classics experienced a swift and extensive dissemination among officials, so fostering a crucial awareness of Legal principles. Ultimately, the present moment necessitates the acceptance and adherence to legal statutes. The Confucian classics and teachings were incorporated into the state’s Family law through the enactment of legislation at the national level and the involvement of judicial bodies. Additionally, it is important to take into account the social group norm. The emergence of this social collective can be ascribed to the ideological focus on the reverence of the communal domain and the devaluation of personal affairs, in conjunction with the influence of kinship systems. In the scholarly publication authored by Yu and Chen (2009) , it is asserted that the ancient Chinese literary masterpiece known as Li JiLi Yun elucidates the profound importance of embarking on the majestic thoroughfare as a virtuous endeavour that is open to the entire population. This undertaking is commonly perceived as a demonstration of the highest benevolence granted by the heavenly and terrestrial domains. The altruistic activities of many natural elements are documented in the ancient Chinese classic, Lv’s Spring and Autumn Annals. These encompass the unselfish envelopment of the atmosphere, the altruistic support of the Earth’s surface, the selfless illumination provided by the sun and moon, and the selfless behaviour exhibited by the four seasons. The ancient Chinese literary text, Selected Notes on Recent Thoughts, argues that individuals view the concept of privacy as a negated construct. The research conducted by Yu and Chen (2009) shows that an individual who demonstrates a deep interest in both celestial and terrestrial affairs, exhibits a predetermined intention to serve humanity, possesses specialized wisdom that promotes virtuous behaviour, and maintains a disposition of universal tranquilly throughout different historical periods can be regarded as an exemplary individual. In accordance with Han Shu Biography of Jia Yi, the available historical records indicate the national collective memory tends to neglect individual familial problems, whilst the collective memory of the public tends to disregard personal or private events.
Additionally, there exists the social group norm oriented. The formation of this social group can be attributed to the values orientation centred around the veneration of the public sphere and the devaluation of the private sphere, alongside the impact of clan systems. According to the historical text Li JiLi Yun, the journey along the grand road is regarded as a significant virtue of both heaven and earth, and is intended for the general population ( Yu & Chen, 2009 ). The ancient Chinese classic Lv’s Spring and Autumn Annals documents the selfless actions of several natural phenomena. These include the selfless covering of the skies, the selfless bearing of the ground, the unselfish candlelight of the sun and moon, and the selfless conduct of the four seasons. The concept of privacy is perceived as a negated category, as stated in the ancient Chinese literary work titled Selected Notes on Recent Thoughts. According to the research of Yu and Chen (2009) , an individual who possesses a profound concern for both heavenly and earthly matters, a purposeful calling to serve humanity, specialized wisdom for the virtuous, and a disposition of universal tranquilly across all generations can be considered an exemplary individual. Based on the historical documentation found in the Han Shu Biography of Jia Yi, it is stated that in ancient Chinese society, the concerns of the nation took precedence over familial matters, while the interests of the public outweighed those of the individual.
Legal education is currently challenged with two types of challenges: Firstly, make sure the “two overall situations” are in sync. These “two overall situations,” according to the study, are part of the “overall strategic plan for the great rejuvenation of the Chinese nation” as well as the “unprecedented major changes in the world in a century.” During this process, we must gradually modernize the national governance system and capacity; on the other, we must greatly increase the degree of opening up, encourage superior development of “the Belt and Road,” actively participate in global governance, and support the reform and establishment of the global governance system. All of these are inextricably linked to the rule of law, and they have established new benchmarks for legal talent with worldwide ties. The development of foreign-related legal competence at regional institutions is critical in this context. Secondly, unite the rule of law on a national and worldwide scale. Since the reform and opening up, Chinese legal system has been crucial to the process of establishing a socialist legal system with Chinese characteristics. It has also resulted in the development of novel legal concepts, legal standards, organizational structures, and operational procedures. The legal system’s handling of international affairs has also resulted in distinct discourse styles, workforces, and working procedures, all of which are required to support Chinese opening up to the rest of the world in terms of foreign legal services. Nonetheless, the rule of law is spreading unevenly and chaotically, both locally and globally. Thus, we must coordinate the evolution of both domestic and foreign rule of law in order for domestic rule of law conceptions, theories, and practices to grow in tandem with foreign rule of law concepts, norms, and processes.
2. The Necessity of Integrating Chinese Excellent Traditional Legal Culture into Legal Education
Firstly, the integration of excellent traditional Chinese legal culture into legal education is the choice of to cultivate students by culture. The best way to begin educating children about the rule of law is by assisting them in developing a foundational and insufficient comprehension of ideas such as liberty, equality, justice, fairness, and integrity. The assimilation of these concepts by young individuals causes a transition in their understanding from perceptual to rational cognition. This methodology enhances their understanding of the topic, which comprises legal concepts such as rights, equality, and integrity, in addition to the particular methods and protocols involved in safeguarding those rights. The inclusion of instruction in the rule of law curriculum that teaches young children how to assess their own legitimate status within national and social legal frameworks is imperative. It is the responsibility of instructors who instruct the fundamentals of the legal system to ensure that their students assimilate the knowledge and concepts they have acquired. Which words and actions can students employ to apply the information in the books? This is inextricably linked to the impact of culture. Chinese President Xi Jinping declared on December 20, 2014, during a speech commemorating the inauguration ceremony of the fourth Government of the Macao Special Administrative Region and the 15th anniversary of Macao’s return to the Motherland, that China is a great nation with a long history and a rich civilization. The delicate traditional culture that the Chinese have cultivated for millennia is their very being and soul ( Huo, Zhao, & Niu, 2014 ). For millennia, the Chinese have been constructing a complex traditional culture that is fundamental to their identity. A subgroup of traditional Chinese culture, the refined traditional Chinese legal culture preserves the culture’s substance in its very nature. The legal system incorporates the intellectual processes, speech patterns, social values, and life philosophy of the ancient, sophisticated Chinese culture, which have developed over millennia. It describes the profound emotional impact and actual experiences of the Chinese people. People have consistently gained knowledge from cultural teachings throughout history. Moreover, it facilitates the recipient’s ability to not only honestly perceive culture but also to actively implement its principles, harmoniously grasp the importance and extent of cultural communication, and transform cultural ideology into a holistic paradigm that integrates understanding and implementation. Following this, individuals’ mentalities and behavioural patterns may be profoundly influenced. Students are instructed in an approachable and informal fashion on the concepts, operational mechanisms, and historical forebears of the rule of law through the lens of culture. Through the recognition of cultural affinity, pupils are capable of effortlessly immersing themselves in the educational setting of rule of law instruction. The inflexibility and rigidity of rule of law education, akin to an immersive learning environment, cultivate a hospitable atmosphere wherein young learners experience reduced isolation and increased motivation to acquire knowledge. This enables pupils to approach the study of legal norms with conscientiousness, enthusiasm, and fervour.
Secondly, the integration of the excellent traditional Chinese legal culture into the legal education is the necessary meaning of a complete legal system. As a foundation for logical argumentation, the social sciences, particularly the field of law, advocate that legal education adjust to changing times by capitalizing on the tension between people’s increasing desire for a better life and their uneven and inadequate development. In spite of numerous reforms, the interaction between Chinese characteristics and the socialist legal system is fraught with inadequacy and friction. There is an inextricable connection between traditional Chinese legal culture and the disciplines that have emerged within the Chinese legal system. This pertains to every facet of the legal system, encompassing its conceptual framework, historical roots, inheritance and transplantation patterns, original intent and current significance, explicit differentiations between the two legal systems, and the evolution and advancement of the Chinese legal system. Not only has the complex and sophisticated legal culture of ancient China significantly influenced the present-day legal system of China, but it has also influenced the legal development of neighbouring nations and the contemporary legal systems of the West. It is imperative to safeguard the fundamental principles of the esteemed traditional Chinese legal culture and acquire a comprehensive comprehension of them in order to promote the rule of law in academia and reevaluate legal research outcomes. Education regarding the rule of law must not be divorced from the opulent traditional Chinese legal culture; doing so would compromise the structural coherence of the entire legal system. Moreover, this will impede the substantial progress that the development of the Chinese legal system has achieved. Consequently, the value of legal education will be diminished.
Thirdly, the integration of Chinese excellent traditional legal culture into legal education is a logical necessity to promote cultural self-confidence. Cultural confidence refers to a nation’s thorough affirmation of its historical development resources. Furthermore, it involves the complete acceptance of one’s cultural heritage during the process of introspection. Moreover, cultural confidence encompasses the proactive advancement of economic, social, and cultural development within the framework of political party governance and national revitalization. The cultural confidence being referred to in this context is founded upon a set of ideals and is characterized by an emphasis on individual growth, spontaneity, and self-consciousness. The validation and acknowledgment of this phenomenon can be justified by its reasoning. The acceptance of this phenomenon contributes to the establishment of a lasting legacy and the promotion of cultivation. Consequently, this generates a sense of confidence, which in turn facilitates the development of cultural pride and self-improvement. The intricate and extensive legal culture of traditional China exhibits a deep interconnection with the national economy, the well-being of the populace, and various dimensions of societal existence. Preserving a nation’s traditional cultural and historical heritage is of utmost importance. Acknowledging the profound importance of traditional legal culture as the fundamental essence of legal education, while highlighting the indigenous and national development of legal education, are the most effective methods for promoting cultural self-confidence.
3. The Direction of Integrating Chinese Excellent Traditional Legal Culture into the Rule of Law Education
It takes the core essence of the thoughts of Chinese President Xi Jinping on rules of law as the basis of value orientation. An important part of the New Era Theory of socialism with Chinese features, it is a major theoretical leap forward that deals with the pressing need to reawaken the Chinese people in the modern era. In the twenty-first century, it provides a complete legal framework for national governance and is the latest achievement in the Sinicization of Marxist legal theory. The Times states that the rule of law idea, which places an emphasis on people, values guiding, and theoretical innovation, combines Marxism’s core theoretical positions and techniques with Chinese unique national circumstances and traits. As a result of this integration, the strong ideological guarantee of great traditional Chinese legal culture will be maintained throughout the course of legal education. Chinese rule of law construction began with the foundation laid by Xi Jinping Thought on the Rule of Law, which has become a leading figure in the evolution of socialist rule of law with Chinese features. Additionally, it serves as the basis for rule of law teaching in the present day. Integrating the principles of Marxist theory on the rule of law with the powerful traditional Chinese legal system, Xi Jinping Thought on the Rule of Law is an all-encompassing work. It is based on a wealth of practical research into how human societies build the rules of law, and it is also based on the long-term practical successes of the Chinese Communist Party in this area ( Zhang, 2021 ).
It takes the educational theory nurtured by the traditional legal culture as the basis for the content orientation. The legal culture of ancient China possesses a notable and extensive historical background. The Chinese legal system is characterized by a broad and coherent foundation, which encompasses its whole theoretical framework and corpus of knowledge. Due to the great expansion and refinement of the Chinese legal system, the legal paradigm of “family and country” was developed. The aforementioned model placed considerable emphasis on the amalgamation of legal principles and social decorum, whereby the imposition of punishment functioned as a supplementary mechanism to foster virtuous behaviour. Moreover, the concept of “substantive justice” gained significant recognition, while a philosophy centred on the well-being of individuals, referred to as “non-adversarial resolution,” was implemented. The adoption of collective legal thought experienced growth alongside the flourishing of concepts such as “harmony between nature and man” and “harmony culture.” Each of these examples demonstrates the impact of traditional legal culture on the evolution of the rule of law. The traditional legal culture in China places great emphasis on the notion of familial and national integration, acknowledging the inherent interdependence of society, nation, and family, while denouncing artificial divisions and limited comprehension. The Chinese legal system is characterized by several exceptional legal cultures, including the ethical rule of law, which is centred on the principle of propriety. This governance strategy places a strong emphasis on punishment and highlights the importance of maintaining harmonious coexistence between humans and nature. Additionally, the Chinese legal system holds the belief that punishment based on virtue serves as the fundamental basis for the state. The primary objective of modern social governance is to achieve community harmony and eliminate legal conflicts. The construction of a “social public order” through the implementation of “punishment” and adherence to “law” is a necessary condition for the establishment of a just and equitable society governed by the rule of law. However, the ultimate aim of this endeavour is to promote the principles of “social good custom” as manifested in the observance of “etiquette” and cultivation of “virtue.” The synergistic interplay between these two components enhances the ability to effectively convey the timeless charm inherent in the illustrious traditional Chinese legal culture.
The practical basis of legal education is taken as the basis for the integration of knowledge and practice. The primary focus of legal education revolves around the promotion and distribution of legal cultural elements, placing specific emphasis on the development of “legal common sense.” The distribution of fundamental knowledge carries equivalent importance. The concept of “rule of law education” refers to the scholarly transmission of legal principles and ideals, with the objective of increasing public knowledge and comprehension of the law, fostering compliance with it, and nurturing trust in its effectiveness. The shift from “legal education” to “rule of law education” represents a shift in values and the perspective of educators on the pedagogy of teaching about the principles of jurisprudence. This transition involves a change in focus from the system itself to a deeper understanding, from just acquiring knowledge to increased awareness, and from theoretical comprehension to practical application. Throughout the evolution of legal education, educators have accumulated a substantial corpus of practical and pedagogical knowledge. The infusion of a dynamic and vibrant energy into the domain of legal education is supported by an unwavering commitment to exploring innovative techniques, methodology, and subject topics. The focus of legal education has experienced a significant change, transitioning from a simple process of imparting and acquiring knowledge to the nurturing and development of skills and abilities. The curricula and teaching methodologies utilized in legal education have been revised in order to conform to current requirements and improve adaptability. In contemporary times, there has been a growing focus within the field of rule of law education on the localization of its curriculum. The aim is to develop a new framework that takes inspiration from the traditional legal culture. This entails integrating elements and understanding the notable aspects of traditional legal culture within the educational approach used to teach the principles and concepts of law.
4. Integrating Chinese Excellent Traditional Legal Culture into Legal Education
Primarily, the core principle of basic commitment is the achievement of integrity and creativity by engaging with and surpassing critical analysis. Chinese President Xi Jinping delivered a speech at the International Academic Symposium on September 24, 2014, emphasizing the need of employing historical knowledge to create current viewpoints. The speaker placed significant importance on the extraction of knowledge from historical events, addressing matters of prejudice, and employing a critical mindset when it comes to safeguarding and advancing cultural legacy. The aforementioned address aligned with the observance of the 2565th anniversary of Confucius’ birth and the commencement of the inaugural session of the Fifth General Assembly of the International Federation of Confucianism. In his work, Fu (2014) argued in favour of prioritizing the innovative change and pioneering advancement of conventional culture. He proposed amalgamating this traditional culture with present-day culture in order to better meet the demands of the modern day. The Chinese traditional legal culture has exhibited remarkable persistence and growth despite historical constraints. However, the individuals of ancient civilizations possessed a commendable and ethically upright cognitive framework. It has been postulated that throughout various historical periods, individuals were deemed incapable of departing from the mortal realm with maintaining an unblemished moral character. Moreover, the individuals firmly believed that the acquisition of economic resources should not be equated with an individual’s ethical uprightness. They also asserted that the eradication of poverty cannot be accomplished solely through materialistic strategies, and absolute dominion over authority is beyond reach. Furthermore, it has been recognized that the transient and fleeting nature of the tensions and pleasures encountered by persons in the realm of existence. The ideals described above, coupled with the notion that individuals should fully dedicate themselves to their nation, irrespective of the prospective outcomes, encompass the core elements of the significant Chinese traditional culture. Ensuring the safeguarding and conservation of cultural and spiritual legacies ought to be seen as a fundamental tenet within the realm of legal education.
Moreover, the crucial factor in sustaining vitality lies in the ability to adjust to prevailing trends and proactively anticipate forthcoming advancements. The analysis of the spiritual foundations of legal education in the culturally significant Chinese legal system has the capacity to bring about a transformative impact on the field of legal education. The incorporation of traditional culture as an instructional resource can offer benefits in educating students about the cultural aspects, patterns, concepts, and cognitive frameworks that are intricately woven within the vast traditional legal culture. The incorporation of a distinguished historical legal culture should be regarded as the fundamental basis for the pedagogical methodology employed to instruct persons on the principles and applications of the rule of law. Moreover, the advancements in novel methods of communication between instructors and students have enabled the incorporation of traditional Chinese legal culture into many types of legal teaching methodologies. When formulating this educational framework, it is imperative to favour advanced innovation above elementary innovation. The establishment of legal education ought to be grounded in a reformative framework that prioritizes the requirements and inclinations of learners, rather than just concentrating on the existing resources and services. Furthermore, the internal motivating factor involves the promotion of cultural advancement in conjunction with the enhancement of cultural self-assurance. On May 17, 2016, Chinese president Xi Jinping said our journey commenced on a unique path, distinguished by a broad scope, a significant historical heritage, and a steadfast determination to advance. Located within an extensive territory of 9.6 million square kilometres, we leverage the cultural enrichment resulting from the strenuous endeavours of the Chinese country, while utilizing the great capabilities of 1.3 billion Chinese citizens. The aforementioned pertains to the degree of confidence that should be possessed by the general population of China, as well as every individual of Chinese heritage. Our argument posits that it is crucial to construct a society modelled after Chinese cultural norms and values with unwavering determination. The steady cultural confidence arises from a resolute conviction in the trajectory of ideology, theory, and system. Bai (2016) said that cultural self-assurance has a significant and durable impact of a basic nature. Furthermore, this study provides a comprehensive analysis of legal education while also successfully incorporating Chinese revered historical legal culture in its understanding of the concept of “Four self-confidence”. While there is no distinct category that directly aligns with the concept of the rule of law, the “Four self-confidence” framework, which includes road confidence, theoretical confidence, system confidence, and cultural confidence, collectively signify the significant significance and extensive range of the advancement of the socialist rule of law with Chinese characteristics. These confidences also encompass the most valuable attributes of the exceptional traditional Chinese legal culture. The “four dimensions of self-confidence” encompass the key factors that possess the capacity to dismantle the existing constrained mindset that has shaped Chinese approach to the development and distribution of legal principles. These sources offer a complete perspective that challenges the dominant Western-centric discourse on the rule of law. They create a favourable cultural and ideological context for incorporating Chinese rich traditional legal culture into the education and study of legal principles and rules.
Furthermore, the promotion of international interactions is being facilitated by external factors through the dissemination of Chinese wisdom. During the speech at the opening ceremony of the 9th National Congress of the Chinese Writers’ Association, Chinese President Xi Jinping underscored the importance of furthering the study and interpretation of the revered traditional Chinese culture. The individual emphasized the imperative of synchronizing the basic cultural components of the Chinese populace with present-day Chinese culture and reconciling them with the requisites of current society. Maintaining the timeless cultural essence that transcends chronological and physical limitations, crosses international borders, displays enduring appeal, and retains modern relevance is of utmost importance. According to Zhang (2016) , the incorporation of Chinese culture, along with the rich and dynamic cultures cultivated by individuals from many countries, has the potential to provide precise spiritual guidance for the human race. The incorporation of Chinese culturally relevant legal traditions into the educational curriculum pertaining to the principles of the rule of law should be undertaken in a manner that steers clear of isolation or excessive self-promotion. Furthermore, it is imperative to prioritize the presentation of Chinese perspectives, the provision of Chinese responses, the dissemination of Chinese knowledge, and the pursuit of global recognition of fundamental concepts. This should be done while emphasizing the significance of legal education grounded in the rule of law and incorporating distinctive Chinese characteristics on a global scale. The discipline of education focused on the principles of the rule of law actively engages in global conversations and employs various approaches to foster acknowledgement of the distinct Chinese traits inherent in the socialist rule of law. Chinese narratives are employed as a means to augment comprehension of the subject within the global audience. The fundamental foundation of this phenomenon can be traced back to the refined classical Chinese legal culture. The aim is to create a favourable setting for global collaboration, with the purpose of incorporating the noteworthy principles of ancient Chinese law into the domain of legal education. The legal framework encompasses the comprehensive set of laws, regulations, and principles that establish the governing structure within a specific jurisdiction or field of law. The given entity offers or supplies. The active engagement of educators in worldwide activities aimed at establishing and promoting the rule of law is of utmost importance. The scope of this engagement should include active participation in international forums specifically dedicated to the promotion of education on the rule of law, involvement in exchange conferences with a primary focus on the rule of law, contribution to international initiatives aimed at resolving disputes, and active participation in the process of developing international agreements. This will enable China to effectively articulate its perspectives and make significant contributions to the advancement of the global rule of law framework.
5. Conclusion
In brief, the primary focus in imparting the concept of “rule of law” to young generations should be on fostering a holistic growth of their comprehension and implementation of legal ideas. This objective can be attained by effectively fostering legal expertise and constitutional principles, facilitating the assimilation and advancement of essential legal knowledge and fundamental values, concurrently nurturing civic ethics and legal instruction, and harmoniously constructing the concept of the rule of law in conjunction with socialist core values. This statement highlights several key aspects related to the academic discourse on societal engagement, legal regulations, rights and equity, legal education, social responsibility, and the development of the rule of law ethos and professional ethics. It emphasizes the importance of enhancing and expanding societal engagement within the boundaries of legal regulations, as well as the need to integrate legal rights and promote equity and impartiality in society. Furthermore, it recognizes the direct relationship between legal education and societal issues, emphasizing the cohesive integration of social responsibility and the application of legal principles. Lastly, it underscores the significance of harmonizing the development of the rule of law ethos and professional ethics.