ABSTRACT
The dominance of Confucian intellectual thought has been discussed in the previous Chapters. Suffice to say that the overriding stress on morality - rather than on law - was the principal tenet of Confucian teachim! which resulted in the traditional preference for disputes and their~settlement. As Lubman puts it, for the traditional Chinese, 'disputes were viewed as disruptions of the natural harmony which linked individual, group, society, and the entire universe'.2 The best way to restore this harmony was through compromise.3 There were in existence customary rules, social sanctions and ethical precepts which regulated the traditional Chinese society. At this juncture, one recalls the hierarchical structure of the Chinese society. The Chinese social hierarchy sought to instil in the individual a respect for authority. As seen earlier, in the traditional Chinese society, the family, rather than the individual, was considered as a unit. The family was deemed the foundation of the social order. Moreover, families were extended to include kinship organisations or clan groups. One of the duties of the clan (tsu) head was to maintain social harmony within his clan.4 Such a unique feature evident in the traditional Chinese social structure coupled with Confucian ideology leaned favourably towards the informal process of dispute resolution. Furthermore, the members of the existing social units were educated in Confucian ideas of social conflict and morality. They were strongly encouraged to participate in social welfare work by helping the indigent and the
infirm, establishing schools and maintaining places for ancestral worship, and settling disputes amongst the members.5 As such, there was decidedly a preference for redress through the process of dispute resolution over litigation. Peaceable means of dispute settlement was definitely more desirable than any attempt at direct confrontation by way of court litigation.
