Daoism and Chinese Legal Culture

Author: Cheng Weirong
Publisher:
Publishing Date: 2000-07-01
Features: Taoism, a school that moves in harmony with the invisible and transcends the ordinary, a tradition spanning a thousand years yet seemingly elusive to later generations. For many years, when Confucianism flourished and was highly revered, the Taoist school suffered unfair treatment for various reasons. Some questioned the origins, founding, and development of Taoism; others believed that Taoism consisted only of philosophical thoughts, at most some political ideas, without legal doctrines, and had little connection to social reality; still others thought that by the mid-Han Dynasty, the Taoist school had already reached its end; and some even confused Taoism with Taoism (the religion), viewing it merely as a native religion. Under these prejudices, Taoist thought fell into neglect, remained silent for a long time, and was almost erased from memory. Today, as we brush away the dust of history and reopen Taoist texts for study, we are astonished to find that a rare wisdom flows from the words. It is reflected in the personality of despising power and independence, in the meticulous exploration of the Way of Heaven and the Way of Humanity, in the calm reflection on the laws of the rise and fall of the world, and in the longing and pursuit of an ideal social order. Of course, there are also many genuine insights into law within this. Thus, when studying Confucianism, Legalism, and other schools, we often have a sudden realization: it turns out that some of their brilliant ideas were grafted from Taoist thought; many legal policies and principles in different historical periods can also be traced back to Taoist thought. In recent decades, as China's traditional culture has been clarified and summarized, the study of Taoist culture both at home and abroad has formed a wave, preliminarily lifting the veil of mystery from Taoism. Unfortunately, to this day, no book has provided a relatively complete and in-depth study of Taoist legal thought, let alone revealing the development patterns of legal thought and legal systems in China's dynasties from the perspective of Taoist thought. This book attempts to explore this gap. Through the study of the main figures, works, and the emergence, development, evolution, and decline of Taoist thought, it clarifies the status and influence of Taoism and its legal thought in traditional Chinese law and feudal legal systems. The book points out that from the mid-Han Dynasty onwards, the Huang-Lao school of Taoist legal thought, together with Confucian legal thought, formed the main framework of feudal official legal thought, playing a crucial guiding role in feudal law. At the same time, Taoist legal thought underwent reflection. This book offers unique perspectives, substantial evidence, and rigorous arguments, making it a specialized work on Taoist legal thought. It is suitable for legal scholars, legal historians, students and teachers in law schools, and relevant practitioners to refer to.