Story of Bao Gong: A Perspective on Examining Chinese Legal Culture

Author: Xu Zhongming
Publisher:
Publication Date: 2002-07-01
Features: With the introduction of Western learning to China, the comprehensive adoption of modern Western legal systems, legal education, and research paradigms led to the fragmentation and rapid disintegration of classical Chinese legal institutions and knowledge systems. In this context, the narrative paradigm of modern Chinese legal history was gradually "constructed" and has existed for over a century. Although it has undergone changes in economic structures, political systems, and ideologies, the narrative paradigm of Chinese legal history has generally remained under the "cognitive control" of Western legal knowledge genealogy. This work attempts to ask: Can this knowledge system effectively be applied to "understand" the legal institutions of classical China? On the other hand, past research on Chinese legal history has largely been confined to the interpretation of official legal codes and historical records. Even some studies labeled as the history of Chinese legal culture followed this pattern. However, the issue lies in the fact that these materials, while capable of reflecting the appearance of classical Chinese legal institutions or legal culture, are inherently flawed. The fundamental reason is that Chinese legal codes are prone to "idealistic construction," and historical records are inevitably subject to "revision." More importantly, historical records primarily concern the political and legal activities of emperors, generals, and officials, with little documentation of the legal lives of ordinary people. Accordingly, this work considers using Bao Gong stories, which carry a folk flavor, to interpret Chinese legal culture and present them as a specific perspective for examining it. This work is divided into three chapters, and a brief introduction is provided below.
Chapter 1: "Academic History and Methodology." Given that the study of law and literature remains an emerging academic topic and involves historical research, it is necessary to provide a comprehensive and thorough explanation of the academic stance and research methods adopted in this work. First, the research paradigms of Chinese legal history are systematically reviewed to outline the problem awareness of this study. Subsequently, it is argued that interpreting the legal lives and legal consciousness of ordinary people in ancient China holds significant value for understanding Chinese legal culture. Second, by examining the intrinsic connections between archives, historical records, and literature, it is pointed out that literary stories can not only serve as historical research materials but are also themselves forms of historical narration. They possess a value in narrating the legal lives and legal consciousness of ordinary people that archives and historical records cannot replace. Third, from the perspective of "case literature," these stories are closely linked to ancient Chinese judicial judgments; to be more precise, these stories originally originated from judicial archives and documents. Finally, the study of "legal culture" involves the interpretation of the "meaning structure" embedded in law. To address this issue, this work proposes the idea of interpreting the "meaning structure" of legal culture within its "context." The construction of this "context" requires an examination of relevant historical facts; otherwise, the notion of "context" would lack a solid foundation. Accordingly, "research, context, and meaning" are intrinsically connected.
Chapter 2: "Three Narratives of Bao Gong." Bao Gong is a historical figure and a paragon of an incorruptible official. However, how did he become a "theme" in folk tales of incorruptible officials? Moreover, what is the relationship between the historical Bao Gong and the Bao Gong in folk stories? These are questions that cannot be avoided when studying Bao Gong stories. First, by examining the Bao Gong image as a historical narrative, this work argues that Bao Gong embodies characteristics such as filial piety, loyalty, integrity, love for the people, resolute and stern justice, and fearlessness of powerful figures—all of which became the of later literary narratives. Second, as a political and legal figure, what were Bao Gong's own thoughts and ideas on politics and law? This work posits that given the corrupt and lazy governance in the Renzong era, the essence of Bao Gong's political thought lies in: (1) reconstructing the moral ideals of officials' loyalty to the emperor and love for the people; and (2) improving the institutional arrangements for selecting and evaluating officials. The foundation of Bao Gong's legal thought is: (1) seeking coordination among the Way of Heaven, public opinion, and the law; and (2) upholding the principle that imperial power and criminal justice must align with the middle way. Finally, how did the folk belief in Bao Gong come to be formed? This work thoroughly examines the "authors and readers" of Bao Gong stories and their basic dissemination patterns, making necessary comparisons with the Bao Gong image in historical narratives. In summary, the Bao Gong image in folk narratives both aligns with and diverges from the historical Bao Gong image. This divergence is not only evident in many stories that are unrelated to Bao Gong himself but also in the deification of Bao Gong. It must be noted that only through this deification can Bao Gong acquire the divine power to "transcend" the realms of yin and yang, thereby fulfilling the mission of saving ordinary people and becoming a symbol of "authority" and "justice."
Chapter 3: "Legal Reading of Bao Gong Stories." The Bao Gong stories examined in this work span various literary forms, including storytelling texts, operas, ballads, collections of short stories, middle-length novels, and long novels, totaling 271 stories. Through careful analysis of each story, it can be found that the majority belong to criminal cases. Relatedly, as stories depicting judicial trials, they inevitably focus on the domain of criminal trials. First, this work argues that traditional Chinese legal culture exhibits a "criminal law-centered" characteristic, which aligns well with the depiction in Bao Gong stories. Among the Bao Gong stories, excluding duplicates, there are 148 criminal cases. By meticulously interpreting the legal application issues in these cases, the preliminary conclusion is that the depictions in Bao Gong stories largely correspond to the legal provisions of the time. This provides evidence that these stories are related to ancient Chinese judicial judgments; in other words, they mostly originate from judicial judgment documents or are adaptations of such documents. In this sense, using them as materials for legal culture research should pose no problem. Second, this work argues that traditional Chinese legal judicial culture is characterized by "centralization," and for the purpose of maintaining the emperor's centralized power, judicial trials were inevitably arbitrary. A striking feature in Bao Gong stories is the emphasis and promotion of the value orientation of "violence," which is indispensable for upholding authority. By interpreting the judicial trial scenes depicted in Bao Gong stories—such as power relations, judicial spaces, and judicial rituals—this work provides a detailed and compelling explanation of the "centralized" and "terrifying" characteristics of judicial practices. In conclusion, by interpreting the legal narratives in Bao Gong stories, we can not only "question" the reliability and legitimacy of state legal codes and official historical records but also enrich our understanding of the legal knowledge and legal consciousness of ordinary people. On the other hand, we can fully grasp the critical spirit reflected in Bao Gong stories, thereby understanding why ordinary people in classical China longed for the incorruptible Bao Gong. Moreover, we can gain a deeper insight into their imagination and demands regarding law.