Philosophical Dimensions of Classical Chinese Legal Interpretation

Author: Xie Hui
Publisher:
Publish Date: 2005-09-01
Features: Ancient China had an interpretive tradition represented by "Confucian interpretation of classics." Among them, the interpretation of legal texts and case interpretation were important components. Analyzing the purpose of classical Chinese legal interpretation with modern philosophical hermeneutics, on the one hand, facilitates the induction and summarization of philosophical issues in classical Chinese legal interpretation; on the other hand, it enriches and develops hermeneutics with Chinese experience, thereby establishing a Chinese legal hermeneutics rooted in hermeneutics as its ideological foundation. Based on this understanding, this paper elaborates on eight aspects of classical Chinese legal interpretation from a philosophical perspective, summarized as follows:
Part 1 starts from the basic theories of modern hermeneutics and semiotics, using classical Chinese interpretive examples to explain the interpretive attributes of legal symbols: generality, logic, and communicativeness. Ancient Chinese law primarily refers to criminal law, so the examination of classical Chinese legal interpretation in the hermeneutic sense is mainly focused on criminal law interpretation. From the perspective of the relationship between modern hermeneutics and classical Chinese legal interpretation, the abundant achievements of classical Chinese legal interpretation are sufficient to enrich and support hermeneutic research. Meanwhile, modern Western hermeneutic theories can effectively organize, summarize, and enhance these materials at the theoretical level, thereby providing better theoretical explanations for classical Chinese legal interpretation.
Part 2 analyzes classical Chinese legal interpretation from the perspective of the interpretive subject. Classical Chinese official legal interpretation has a certain monopoly, belonging to the effective interpretation by the emperor as the representative of the official authority, with the main purpose of seeking the original meaning of the law, and the interpretation object is mainly the effective laws of the current dynasty. Classical Chinese folk legal interpretation belongs to private legal interpretation, with diverse subjects, purposes, methods, and objects, and generally lacks legal effect. Due to the absence of specialized judicial organs and independent judiciary, classical Chinese judicial interpretation can be called "judicial interpretation." Its subject is the ancient judge, with the direct purpose of better applying the law and resolving disputes between the parties. Therefore, its effect generally only extends to the individual case handled by the judge, unless the case is further elevated to an official "precedent."
Part 3 focuses on uncovering the unique philosophical significance of classical Chinese legal interpretation. To a certain extent, classical Chinese philosophy loves "benevolence," while Western traditional philosophy loves "wisdom." With the "spirit of benevolent governance" as its core, Confucian culture dominates China's official "great tradition," reflecting the philosophical value orientation of classical Chinese legal interpretation. Therefore, classical Chinese legal interpretation does not achieve "truth" through interpretation but, in many cases, seeks "benevolence over truth" and psychological facts, which becomes an important philosophical wisdom of classical Chinese legal interpretation.
Part 4 analyzes the fundamental task of classical Chinese legal interpretation from a metaphysical perspective, namely the legitimacy of legislative interpretation of criminal codes. From the perspective of the "relationship between heaven and humanity" in classical Chinese legal interpretation, it pursues the lofty goal of "understanding the relationship between heaven and humanity," seeking the "way" of the law, and questioning and constraining the legitimacy of power represented by the imperial authority. From the perspective of the "relationship between the collective and the individual," it possesses metaphysical wisdom of "connecting the past and the present," revealing the ontological meaning and methodological implications of legal interpretation. From the perspective of the "relationship between the body and the mind," it pursues the moral goal of "achieving harmony between the inner and the outer." Classical Chinese legal interpretation always hopes to achieve moral restraint on both parties through their moral introspection, thereby realizing social order rather than individual freedom.
Part 5 analyzes the practical orientation of classical Chinese legal interpretation from the perspective of purpose. Classical Chinese legal interpretation has a strong characteristic of "blending emotion and reason," and to make legal interpretation acceptable, its "practical rationality" feature becomes prominent. Of course, the specific realization of the "blending of emotion and reason" and "practical rationality" in ancient Chinese legal interpretation depends on the participation of the subject, forming practical interaction in legal interpretation. A basic premise of practical interaction is the "compromise intention" among the participating subjects, through which the classical legal order is presented.
Part 6 introduces the methods of classical Chinese legal interpretation. The autocratic interpretive method is reflected in the autocracy of the interpretive subject, power, object, and effect. The Q&A interpretive method reflects the instruction of the interpreter to the inquirer, which is an interaction between the interpreter and the text, not between the interpreter and the inquirer. The annotation interpretive method explains the legal meaning in legal texts through "grammar," which is an explanation of "what is" in legal interpretation. The case precedent interpretive method is a process of "discovering" the law through facts. In classical China, precedents are typically the product of the combination of case facts and legal provisions, the result of a game between facts and norms.
Part 7 mainly includes four aspects: "Legal interpretive wisdom attached to political philosophy (Confucian classics)," "relatively independent legal interpretive wisdom—jurisprudence," "legal interpretive wisdom as a mode of judgment—judicial process," and "legal interpretive wisdom as a judgment result—judgment terms." Taking judgment terms as an example, the intellectual wisdom of ancient Chinese judgment terms is reflected not only in their legal worldview and legal methodology but also in their legal discovery methods such as "following precedents" and "precedent identification."
Part 8 analyzes the significance of classical Chinese legal interpretation. From an academic perspective, ancient Chinese legal interpretation provides valuable classical resources for Chinese law. From a legislative perspective, the value pursuit of substantive rationality reflected in classical Chinese legal interpretation is a noteworthy resource for the current development of Chinese rule of law. From the perspective of the rule of law, classical Chinese legal interpretation provides content for the localization of Chinese rule of law culture, as the global orientation of Chinese governance cannot bypass its cultural heritage and practical concerns. From the perspective of legal implementation, classical legal interpretation is realized through interpretation. Legal interpretation advances the implementation of statutes by creating and legitimizing the law, which is also true for the current implementation of Chinese law.