Law Exam

Author: He Qinhua
Publisher:
Publish Date: 2004-12-01
Features: The study of law (Lixue) is a unique academic discipline in ancient China, akin to Confucianism, Daoism, and Neo-Confucianism. As the core component of ancient Chinese jurisprudence, its development and evolution not only guided the practical operation of ancient Chinese law but also played a crucial role in the growth of ancient Chinese jurisprudence and the advancement of academia as a whole. However, in stark contrast to the vast number of works on Confucianism, Daoism, and Neo-Confucianism, there has been no comprehensive study of law (Lixue) published either domestically or internationally since the late Qing Dynasty. This cannot be but a great regret for the academic community in China. This book compiles and translates over 30 papers by scholars from China and Japan on the study of law (Lixue) collected over the years by the editor. It conducts a systematic and in-depth examination and research on the fundamental connotations, characteristics, development, and evolution of Chinese law (Lixue), as well as its relationships with ancient Chinese jurisprudence, official studies, ceremonial studies, and litigation studies. It also explores the emergence and development of law (Lixue) in various dynasties, including the Qin, Han, Wei-Jin, Sui-Tang, and Song-Ming-Qing periods, as well as the influence of pre-Qin nominalism on the emergence and development of law (Lixue) after the Qin and Han dynasties. The publication of this book fills the in ancient law (Lixue) studies within Chinese academia. It is not only suitable for law professors, master's and doctoral students but also serves as a reference for researchers in the fields of the history of philosophy, economic history, social history, and cultural history.
Excerpt: An Outline of Traditional Chinese Law Studies / A Brief Introduction to the Study of Law in Ancient China
The study of law (Lixue) stands out as a unique branch of ancient Chinese legal culture. Its development and achievements serve as an important measure of ancient Chinese legal civilization. In essence, law (Lixue) is the jurisprudence of ancient China. It originated with Shang Yang's legal reforms and flourished during the Han Dynasty. It reached its peak in the Wei-Jin period, matured during the Tang Dynasty, declined in the Song and Yuan dynasties, revived in the Ming Dynasty, and ultimately ended in the Qing Dynasty. Each stage of development in law (Lixue) pushed ancient legal civilization forward by one step. The development of law (Lixue) was based on the cultural and intellectual materials left by its predecessors, and the process of inheriting these materials was the true development of law (Lixue). Shang Yang's reform of law into statutes provided a vehicle for the emergence and development of law (Lixue). His purpose in reforming law was to emphasize the uniform application of laws to regulate rapidly changing social relationships, confirm newly established systems, and thus require precise interpretation of laws. From its inception, law (Lixue) established a system of official interpretation. The Shangjun Shu·Dingfen states: "All officials and the people may ask about the meaning of laws from the officials in charge of laws, and each shall clearly explain the laws they wish to inquire about according to their own reasons." This not only indicates that the authority to interpret laws was monopolized by the government but also shows that law (Lixue) focused on the "meaning of laws," making the interpretation of legal provisions its fundamental characteristic. During the Qin Dynasty, officials served as teachers, and the Yunmeng Qin Jin·Legal Questions and Answers serves as physical evidence of official legal interpretation. The Legal Questions and Answers first cites the original text of Qin laws, then explains the terms, concepts, principles, and specific contents of the laws, aiming for accurate legal application. The Legal Questions and Answers reflects the dependence of law (Lixue) on the government. During the Han Dynasty, law (Lixue) adapted to the needs of a unified state by emphasizing the interpretation of laws through Confucian classics. Through this method, it paved a shortcut for linking Confucian rituals with laws. The Han Dynasty scholar Dong Zhongshu resolved legal disputes by citing Confucian classics, using the subtle principles of the Spring and Autumn Annals for effective judicial interpretation. This promoted the Confucianization of law, with the Three Cardinal Guides becoming the cornerstone of legislation and the judicial standard, and the principle of "deeds over punishments" becoming the orthodox guiding ideology of feudal legal systems. In the Eastern Han Dynasty, the study of Confucian classics through commentary also applied to the interpretation of laws. Over a dozen schools of Confucian commentary emerged, with some passing down the tradition of commenting on laws across generations, such as Du Zhou and Du Anyears' Great Du Laws and Small Du Laws. Others, who were well-versed in Confucian classics, followed their teachers' methods and directly interpreted laws without relying on specific cases, such as Shusun Tong, Guo Lingqing, Ma Rong, and Zheng Xuan. Each established their own commentaries, making law (Lixue) a branch of Confucianism and allowing it to develop. Due to the increasing complexity of the texts and the difficulty for readers, it was decreed that only Zheng Xuan's commentaries should be used without mixing others, setting a precedent for later generations. The use of commentaries to interpret legal provisions facilitated the mutual recognition of Confucian classics and laws, promoting the integration of rituals and laws.
The Wei-Jin and Southern and Northern Dynasties period was a significant stage in the development of traditional Chinese law (Lixue), producing a number of renowned law scholars such as Chen Qun, Liu Shao, Zhong Yao, Fu Gan, Ding Yi, Cao Yi, and Wang Lang. During this period, law (Lixue) experienced unprecedented development and displayed distinct characteristics. It became more focused on annotating current legal texts, truly becoming a school of annotated law. For example, Zhang Fei wrote A Brief Introduction to the Han-Jin Laws and Annotations and Legal Explanations; Du Yu wrote The Foundation of Laws; and Jia Chong and Du Yu co-authored Criminal Laws and the Foundation of Laws. The annotations of Zhang and Du were promoted by the state as authoritative works and were implemented nationwide. Second, law (Lixue) gradually broke free from its dependence on Confucianism, developing into an independent discipline with standardized and scientific annotations. Its focus shifted from citing Confucian classics to interpret laws to emphasizing the study of legislative techniques, legal application, principles of criminal law, sentencing principles, and standardized explanations of legal concepts and terminology. Du Yu said in The Foundation of Laws that annotating laws should "glean the essence of the law" to align with legislative intentions and "apply the principle of hierarchy" to strictly examine identities of different ranks. "Judges should use legal precedents to determine the case," reflecting the unity of law and ritual. Zhang Fei, in Legal Explanations, provided clear explanations for a series of legal terms, such as "intentional," "negligent," "duel killing," "accidental killing," "instigation," "conspiracy," "gang," and "robbery." These standardized explanations were long followed by later annotators of laws. Third, legislators directly participated in legal annotations, and the study of law (Lixue) kept pace with legislative activities. During this period, prominent annotators of laws such as Chen Qun, Jia Chong, Liu Song, Zhang Fei, and Du Yu were high-ranking officials. As both lawmakers and enforcers, their annotations carried authority and insight into the origins, practical relevance, and operability, making them easily recognized and endorsed by the state, thus bringing law (Lixue) back to official interpretation. Fourth, the establishment of law doctors to teach law, preserve legal texts, and ensure the continuation of law (Lixue) within official institutions. The Qing Dynasty law scholar Shen Jiaben commented that the establishment of law doctors "spanned over a thousand years from the Cao Wei to the Song Dynasty, which is why law (Lixue) continued to exist." The Tang Dynasty law (Lixue) represented by the Yonghui Law Commentary marked the mature stage of traditional Chinese law (Lixue). In the early years of the Zhenguan era, under the leadership of Changsun Wuxi, numerous law scholars participated in revising a comprehensive legal code based on the Kaohuang Laws and Wudede Laws, creating the Zhengguan Laws, which "conformed to rituals and achieved a balance between ancient and modern." In the early Yonghui era, Changsun Wuxi and others summoned experts in legal interpretation to compile the Yonghui Laws, consisting of twelve chapters, which were promulgated nationwide in the second year of the Yonghui era. To clarify the legislative principles and spiritual essence of the Yonghui Laws and provide a unified interpretation of the legal provisions, Changsun Wuxi and others, guided by the spirit of "gleaning the essence of laws and researching ancient texts," explained and elaborated on each clause of the Yonghui Laws, supplemented questions and answers to resolve ambiguities, and clarified their deeper meanings, filling gaps and omissions. Approved by the emperor, the commentary was promulgated in the fourth year of the Yonghui era and called the Yonghui Law Commentary. The commentary was attached to the legal provisions, carrying equal legal authority, and "thereafter, judges all cited the commentary to analyze cases." The attachment of the commentary to the legal provisions was a new development by the Tang people, building on the foundations of Wei-Jin annotated law (Lixue), making it easier for enforcers to understand the legal intent and avoid deviations in implementation. The Yonghui Law Commentary included both standardized explanations of legal principles, terms, and concepts, as well as anticipations and solutions to potential issues in practical application, demonstrating that law (Lixue) had reached...