Ritual and religion in the region have been much more integrated and for a much longer time in history than has been the case for the Western paradigm. Hence, although the country appears to have adopted the basic paradigms of Western legislation, it is also true that the heart of the region remains in its history, and is likely to be extracted only by time and patience.
Xinping notes that there are two opinions that relate to the religious paradigm as it relates to the Chinese context specifically. The first views religion in the country on a positive and active platform; where religion adapts itself the socialist and contemporary society of the region. Religion is thus easily and actively able to adapt itself to the applicable laws of the country as well, even in the contemporary world. This can be seen as the historical perspective, viewed by some critics as somewhat outdated, as most view today's Western religions to be in terms of legislation.
The other perspective views religion in East Asia from a more modernistic perspective, relating to the democracy paradigm of the West. Religion is regarded as entirely separate from legislation, where the vision and outlook of the former cannot be reconciled with those of the latter. The development of society and the world today has simply outlived the value of ritual, and thus legislation cannot include religion or ritual as part of its applicability to human existence and human legislation.
These two opinions are at the heart of the dichotomy and indeed conflict between Confucianism and the rule of law. And hence China and other countries in the region are struggling to find a compromise between ritual and the rule of law that would adequately satisfy those it serves.
To complicate matters further, religious freedom itself is also open to different interpretations, amounting to two main camps. One interpretation of religious freedom entails absolute freedom of faith and ritual, along with the freedom to engage in religious action and organization, whatever form this might entail. Religious freedom is therefore subject to complete democracy, where individuals are allowed to publicly display their faith in any way that they choose. The other interpretation is subject to limitation in terms of public display. It holds that individuals should be allowed the freedom the believe and practice as they prefer, as long as this is done in private. Such freedom should however not be applied to public displays of religious belief.
Once again this dichotomy entails a central conflict within the East Asian paradigm that is not as easily resolved as in the west. Having emerged from a historical focus on feudal rule, East Asian countries are in many ways still operating from the central assumption that the public opinion should be controlled in order to maintain stability. Hence, complete freedom of religion cannot be allowed, as this holds the danger of public dissatisfaction and unrest.
According to Confucianism, the public opinion is to be controlled by positive reinforcement such as persuasion and example. This is based upon the assumption that human beings are basically good and seeks to follow the example of the good. When leaders then provide a good example, the public will necessarily follow. On the basis of this view, religious freedom should also be exercised only as far as this furthers the public and the social good. It...
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