Ancient Chinese families and identity

Author: Shi Fengyi / Country: Mainland China
Publisher:
Publishing Date: 1999-09-01
Features: In ancient China, the family and clan coexisted, with the family being constrained by the clan. Traditionally, the family and clan were collectively referred to as the "family-clan," forming the basic autonomous unit of society. Under a self-sufficient economic system, the ruling class of ancient China integrated family law with state law, implementing a joint rule of clan authority and political authority. Therefore, studying the history of Chinese legal systems cannot be separated from an exploration of ancient clan systems. At the same time, the clan system was closely linked to social and economic life, political life, as well as ethics, morality, and culture, making the ancient clan system a mirror for studying traditional Chinese culture.
Offering sacrifices to common ancestors was the most effective measure to maintain the patriarchal organization and was regarded as a sacred duty of the patriarchal system. Regarding the significance of sacrifices, the Liji·Jiyi states: "A gentleman reflects on the past and returns to the beginning, never forgetting the source of his life. Therefore, he demonstrates his respect and expresses his emotions." The Liji·Jitong says: "Sacrifices are meant to honor the deceased and continue filial piety." This means that the significance of sacrifices lies in repaying one's origins and expressing a sense of nostalgia. During the patriarchal era, the rituals and procedures for sacrifices were very complex, with detailed regulations for the types of sacrifices, sacrificial vessels, offerings, and sacrificial attire. Among the rights of the patriarch, the most important was the right to lead the sacrifices. In a patriarchal society, not all descendants had the right to lead the sacrifices. The Saofu Xiaojiji states: "Common sons do not sacrifice, to clarify the role of the patriarch," and the Liji·Wangzhi also says: "Branch sons do not sacrifice." Only the patriarch had the sacred right to lead the sacrifices. The patriarch who succeeded the great-grandfather would sacrifice to the great-grandfather, the patriarch who succeeded the grandfather would sacrifice to the grandfather, and the patriarch who succeeded the father would sacrifice to the father. Each had their own line of succession and their own sacrifices, and those who were not part of the line of succession were not allowed to lead the sacrifices. All patriarchal sons who did not have the right to lead the sacrifices would serve respectfully alongside their respective patriarchs during sacrifices. Brothers of the same father would serve together alongside the patriarch of their father during sacrifices, paternal cousins would serve together alongside the patriarch of their ancestors, second cousins would serve together alongside the patriarch of their great-grandparents, and clan cousins would serve together alongside the patriarch of their great-great-grandparents. The Liji·Jitong states: "When attending the grand temple, all the worthy and honored are present without losing their order, which is called the distinction of kinship." The Baihu Tong·De Lun says: "When the patriarch has matters, all the vassals attend." He Xun said: "If the patriarch holds regular sacrifices, all the men and women in the clan gather" (Tongdian). This means that when sacrificing to the founding ancestor, the patriarch not only led his own descendants but also led other descendants within the clan to participate in the sacrifices. The Liji·Jitong states: "There are four seasons for sacrifices: the spring sacrifice is called yao, the summer sacrifice is called ai, the autumn sacrifice is called chang (taste), and the winter sacrifice is called zheng. Therefore, it is said that the significance of ai and chang is great, as it is the foundation of governing the state." What do yao, ai, chang, and zheng mean? The annotation to the Liji·Wangzhi says: "The spring sacrifice is called yao because yao means thin. In spring, the offerings are fresh and thin. The summer sacrifice is called ai because it follows in order. In summer, although the offerings are not yet fully ripe, they should be sacrificed in order. The autumn sacrifice is called chang because chang means new grain being ripe and officially offered. The winter sacrifice is called zheng because zheng means numerous. In winter, many offerings are ripe." This means that the rites for sacrificing to the founding ancestor were held four times a year, with the summer ai and autumn chang being the most important, as they involved sacrificing to pray for lush crops in summer and celebrate the harvest in autumn, which sufficiently encouraged agricultural production and was considered the "foundation of governing the state." Before holding the grand sacrificial ceremony, all participants had to prepare the "qi" ritual. They underwent purification and fasting, calming their minds and focusing their thoughts on the sacrifices. The Liji·Jiyi states: "On the day of the sacrifice, entering the room, one must appear solemn, as if seeing their position. Walking around the room and exiting, one must be solemn, as if hearing their own voice. Exiting the door and listening, one must sigh, as if hearing their own sighs." This required clan members to participate in sacrifices with reverence and sincerity, awakening a deep sense of respect for ancestors through sacrificial activities, deeply understanding the bonds of shared ancestry, and achieving the goal of clan unity.
In Europe during the 10th to 13th centuries, when feudal states were established, feudal separatism and monarchical states emerged. In such states, the monarch was the nominal head of state, who distributed land to feudal lords, who then became the heads of their own territories and held full authority within them, forming principalities. These principalities had independent political, military, financial, legislative, and judicial powers, the interference of the monarch. The monarch actually only held power within the territories directly under their control. In such states, the monarch and the feudal lords had a relationship of lord and vassal; similarly, feudal lords and the small feudal lords they granted land to also had a relationship of lord and vassal. Vassals were obligated to obey their lords, including paying tribute, participating in military actions, and protecting their lords; lords also had the responsibility to help and protect their vassals from external threats. This form of feudal separatism and monarchical rule was very similar to China's patriarchal system during the Shang and Zhou dynasties. The patriarchal system in China's slave society also implemented a system of land grants, with the grantor and grantee having a relationship of lord and vassal, and the rights and obligations between them were largely similar to those in European feudal separatist monarchical states. However, the two were merely similar in form but had significant differences in reality. The patriarchal system in China's slave society was a natural structure in which the clan structure and state structure were integrated, representing a family-based rule where the hierarchy of the clan and the political hierarchy were completely aligned. Although each layer of vassals had their own lords and each layer of lords had their own subordinates, they ultimately had a common lord—the, who unified and ruled the entire realm. Because the was the great lord of all clans and the representative of the common ancestors, disobeying him was equivalent to disloyalty to the ancestors. Therefore, the obedience of each layer of lords to the was not only loyalty but also filial piety. In contrast, Europe's feudal separatist monarchical system was not based on blood ties. The lords at each level did not necessarily have blood relations, and the relationship between lords and vassals was merely a loose and contractual subordination. During the era of feudal separatism and monarchical rule in Europe, there was the feudal principle of "my vassal's vassal is not my vassal." Lords not only had no ethical or moral obligations to obey the monarch but also had the legitimate right to resist. If a lord's rights were infringed upon by the monarch or if the monarch imposed obligations beyond the contractual agreement, the lord had the right to demand the establishment of a feudal court for impartial judgment and the restoration of their rights. This was unthinkable under China's patriarchal system.
### III. The Concept of Patriarchy Was Not a Product of China's Feudal Society
In China, the patriarchal system was also a form of rule unique to the slave society. During the Spring and Autumn and Warring States periods, the emerging feudal ruling class opened up land, recruited escaped slaves, and destroyed the jingtian system, leading to the gradual disintegration of the patriarchal organization and the collapse of the slave-based family rule. After Qin Shi Huang unified the six states and implemented a centralized prefecture-county system, the supreme imperial power remained monopolized by one family, but local governance was carried out through bureaucratic institutions. After the Han Dynasty, although successive feudal dynasties still practiced land grants and titles, these were merely rewards for imperial relatives and meritorious officials and not the fundamental form of the state apparatus. In the feudal society, although the unity of the clan was still emphasized, and the distinction between legitimate and illegitimate children still existed, the political organization of major and minor clans under the patriarchal system no longer existed. In reality, with the advent of the feudal society, the patriarchal organization was replaced by the clan organization, and the concept of patriarchy was replaced by the concept of the clan. However, since both the feudal society and the slave society were based on natural economies, the patriarchal system was not entirely incompatible with the feudal society. Therefore, when the patriarchal organization was on the verge of disintegration, Confucius and his disciples continued to theorize about the patriarchal system, advocating "The foundation of the world lies in the state, and the foundation of the state lies in the family," and "He who wants to govern the state must first govern the family," making the spirit of patriarchy the main component of Confucian political thought (Liang Qichao, A History of Pre-Qin Political Thought). Because Confucian political theory was beneficial to feudal rule, even though the complete patriarchal system no longer existed in the feudal society, its "inertia" still persisted (Liang Qichao, A History of Pre-Qin Political Thought), and certain remnants of the patriarchal system were still promoted and implemented by the ruling class. For example, hereditary titles in administrative law, selection of officials from prominent families in criminal law, clan punishment and collective liability in criminal law, and succession and inheritance of clan rights in civil law were all remnants of the patriarchal system. Clan groups continued to live in tribal communities, and the state recognized or tacitly accepted the binding force of clan rules and family laws until the last feudal dynasty fell.
Liang Qichao referred to the remnants of the patriarchal system in the feudal society as the "spirit of patriarchy," which was quite accurate. It indicates that the feudal society did not inherit the entire patriarchal system but only continued its spirit. We often see the term "feudal patriarchal concept" in books, periodicals, and newspapers, and this terminology is worth questioning. Since the concept of patriarchy did not originate from the feudal society, calling it the "feudal patriarchal concept" is inaccurate. As mentioned earlier, with the advent of the feudal society, the patriarchal organization was replaced by the clan organization, and the concept of patriarchy was replaced by the concept of the clan. Clan and patriarchy are two different concepts. A clan refers to people of the same lineage, "the father's faction is the clan." Patriarchy, on the other hand, is a system that combines blood relations and politics, distinguishing between legitimate and illegitimate children and the hierarchy of authority. The two cannot be used interchangeably. According to the usage of the term "feudal patriarchal concept," it is always used to describe feudal society rather than the slave society. When describing feudal society, the correct term should be "feudal clan concept," and using "feudal patriarchal concept" actually confuses the boundaries between the feudal society and the slave society.
Under the natural economic conditions of "rising with the sun and resting with the sunset" and "digging wells to drink and farming to eat," feudal states focused solely on collecting taxes and levies and maintaining imperial power, showing little concern for local social order. Under such social conditions, villages where clans lived together naturally formed self-governing and self-defense groups to maintain order within their territory, defend against bandits, soldiers, and rebellions. The specific content of the clause "warn against arrogance" in the Chen Clan Covenant is: "Those who sow discord among family members,, and bring disaster and chaos must be severely punished." The specific content of the clause "strictly guard against theft" is: "Rural areas are not comparable to cities; each must prepare tools and strictly guard against theft." This required clan members to maintain internal order while defending against external threats. The Wei Clan Genealogy of Yuancheng in Nanchang, Jiangxi, stipulated rules such as prohibiting large and small theft, prohibiting cutting ancestral tomb trees, prohibiting unauthorized lawsuits, prohibiting trampling on crops and stealing wood, prohibiting private slaughter, and prohibiting gambling. It stipulated that if livestock were allowed to roam and trample on crops or vegetables, they would be killed on the spot without exception; if stolen grain or trees were found, "one would compensate ten times" and be forced to pay compensation. Historical records of clans maintaining their own security can be traced back to the Han Dynasty, and subsequent dynasties recorded similar events. Cui Xie of the Han Dynasty wrote The Four Classes Monthly Ordinances, saying: "In March, repair walls and houses, repair doors and gates, and set up guards to defend against spring cold and grass theft. In September, repair fields and gardens, paint grain stores, repair storage jars, repair five types of weapons, and practice archery to prepare for cold and hunger." The Later Han Dynasty, Biography of Fan Hong records: "Fan Hong worked with his clan relatives to build fortifications for self-defense, and over a thousand elderly and weak people gathered with him. At that time, the Red Brows looted Tangzi Township, killing many. They wanted to attack Fan Hong's camp, but Fan Hong sent people to offer cattle, wine, and grain to the Red Brows. The elders of the Red Brows had heard of Fan Hong's kindness and integrity and called him 'Lord Fan,' who was always good. Seeing that they were treated so well, they had no intention of attacking and withdrew their troops, thus avoiding danger." The Later Han Dynasty, Biography of Sun Kan records: "At the end of the Wang Mang era, wars and uprisings broke out. The elderly and weak of the clan were in the camp, and Kan often fought bravely against enemies, showing no hesitation, and was repeatedly injured. The clan relied on him, and the entire prefecture admired his bravery and righteousness." The Records of the Three Kingdoms, Wei Volume, Biography of Xu Chu states: "Xu Chu, styled Zhongkang, was from Qiao County in Qiao. He was over eight feet tall, with a waist circumference of ten feet, and had a heroic and resolute appearance and extraordinary strength. At the end of the Han Dynasty, he gathered young men and thousands of clan families to build strong walls to resist bandits. At that time, over ten thousand bandits from Gepo in Runan attacked Xu Chu's walls, but his forces were too small to match them. After fighting to exhaustion, their weapons and arrows were exhausted. They ordered the men and women in the walls to gather stones like spears and place them in the four corners. Xu Chu threw stones, and everything he hit was shattered. The bandits dared not approach. With insufficient food, he feigned peace with the bandits and traded cattle for food. When the bandits came to take the cattle, the cattle ran back. Xu Chu then went to the front, grabbed the tail of the cow with one hand, and walked over a hundred steps. The bandits were shocked and dared not take the cow but fled. As a result, the people of Huai, Runan, Chen, and Liang all feared and respected him." The Old Tang Dynasty, Biography of Filial Piety and Friendship states: "Liu Junliang, from Rangyang, had many generations of righteousness. During the bandit uprising, hundreds of households in the neighborhood relied on them for protection and were named 'Yicheng Fortress.'" There are many historical records similar to this describing clan self-defense. Some clans were preserved, while others were completely destroyed by bandits, soldiers, and rebellions. It is not necessary to elaborate further.
In a closed society, most neighboring clans could live in harmony, and they often formed marriage alliances across generations. However, due to adjacent territories, disputes over water usage, grazing, and other matters inevitably arose. The clause "be cautious with neighboring tribes" in the Chen Clan Covenant specifically warns clan members to live in harmony with neighboring tribes, avoid hostility and grievances, and resolve conflicts peacefully. The clan covenant includes such clauses, indicating that people's common desire is to live harmoniously with neighboring tribes and avoid mutual hostility. However, once disputes escalate, the reactionary principle "the enemy of the clan does not associate with the neighbors" (Da Dai Li, Zengzi's Discourses) can ignite flames of mutual revenge. Clashes between clan groups are called "weapon fights," and in later generations, they are called "fighting for revenge." Historical records of such events are found in various sources. For example, the Wei Shu, Biography of Wang Zao records: "There was a Dongping Zheng clan, who were killed by the Zhao clan of the same county. Later, the Zheng clan captured the enemy, Zhao, and early the next morning, gathered the clan to execute Zhao at the tomb. Zhao sought help from Wang Zao." Wang Zao was a person skilled in mediating disputes like Lu Zhonglian. This refers to the Zheng and Zhao clans engaging in mutual revenge. To avoid further escalation, Zhao sought Wang Zao's mediation. From various historical records, we can see that during the Ming and Qing dynasties, incidents of weapon fights were frequent. The commander of the weapon fight was called the "fight leader," and those who participated in the actual fighting were called "fights." Those who died in weapon fights were called "red hair cases," considered a "glorious" death. Before the weapon fight, clans gathered in the clan hall, took oaths, and established rules for rewards and punishments, with violators facing penalties up to execution. In the early Qing Dynasty, Zhao Yi's Jian Bao Zaji described in detail the weapon fights in Fujian Province: "In the middle of Fujian, the customs of Zhangzhou and Quanzhou favored fame and heroism, and the people often lived in clans. When two clans had disputes, they often gathered to fight with weapons, often resulting in several deaths. When fighting, even father-in-laws and sons-in-laws did not care for each other. After the fight, relatives still interacted as usual. They called fighting 'public affairs,' and interactions 'private matters,' which were not contradictory. Before fighting, each clan first agreed to appoint several people to take the place of the, and the wives and children of those who took the place were given public property to support them. Therefore, it was common for those who were not the to voluntarily take the place, even though they were not questioned during interrogation. Those who took the place of the were usually about eight out of ten." This description specifically reflects the situation of weapon fights while also showing that the clan oaths before fighting mainly represented the wishes and demands of the powerful in the clan and were not the common will of all clan members. Without a doubt, the decision-makers and fight leaders in weapon fight incidents were figures of power in the clan. Without their orders, who would dare to risk their lives lightly? The fighters who led the charge and sacrificed blood were not figures of power but ordinary clan members. "Agreeing to appoint several people to take the place of the" meant that those who took the place of the were naturally poor and ordinary clan members. Those who charged into battle and those who took the place of the for the authorities were all ordinary clan members, while the masterminds and main culprits were at large. This shows that such clan deliberations were merely to protect the interests of the powerful in the clan and were absolutely not the will of all clan members.
### Contents
Introduction
I. The Common History of the Development of Human Society's Family
II. The Historical Evolution of the Family in Ancient China
III. The Relationship Between the Ancient Clan and Law
Chapter I: Patriarchal Clan
I. The Significance and Patriarchal Organization
II. The Basic Functions of the Patriarchal Organization
III. The Patriarchal System Was a Unique Form of Rule in China's Slave Society
Chapter II: Same-Surname Clan
I. The Composition of the Clan
II. The Basic Activities of the Clan
III. The Relationship of the Clan in National Life
Chapter III: Patriarchal Family
I. The Functions and Scale of the Family
II. The Personal and Property Relations of the Family
III. The Different Situations of Poor and Wealthy Families in Different Dynasties
Chapter IV: Marriage Law
I. The Significance of Marriage and Its Relationship with the Clan
II. Marriage Forms and Prohibition Conditions and Their Relationship with the Clan
III. Marital Scope and Its Relationship with the Clan
IV. Marriage Norms and Their Relationship with the Clan
V. Divorce Norms and Their Relationship with the Clan
Chapter V: Kinship Law
I. The Scope of Kinship
II. The Legal Effect of Kinship Status
Chapter VI: Succession Law
I. Different Statuses of Parents and Children
II. The Legal Status of Children
Chapter VII: Law on Women and Servants
I. The Status of Women
II. The Status of Servants
Chapter VIII: Inheritance and Guardianship Law
I. Inheritance Law
II. Guardianship Law
Chapter IX: The Deterioration and New Birth of China's Marriage and Family System
I. The Precursors of Reforming China's Marriage and Family System Before the Proletarian Revolution
II. The Proletarian Revolution Dismantled the Feudal Marriage and Family System
III. The Characteristics of the Socialist Marriage and Family System and the Current Situation of China's Marriage and Family
Epilogue: The Relationship Between Ancient Chinese State Law and Family Law, and Between Monarchial Power and Patriarchal Power