Law,Humanity, and Reason: The Chinese Debate,the Habermasian Approach,and a Kantian Outcome

This paper explores the subject-matter of the relationship between law and humanity, filling a significant lacuna in philosophy of law in the West today. Doing so, the paper starts with recasting the traditional Chinese conflict—in particular, the conflict between legalism and Confucianism—over law in a new light of the contemporary call for stopping crimes against humanity. It then explores Habermas’ insight into and illusion of law. Finally, it examines the internal relationship between law and humanity, contending that law must always treat humanity as a purpose, not as a tool to other ends, functioning to build a community of humanity; while a distinction exists between justice and benevolence, law must not be inhumane.