History of Legal System during Xia, Shang, and Western Zhou Dynasties

Author: Hu Liuquan
Publisher:
Publish Date: 2006-07-01
Features: This book is the first monograph to systematically study the legal history of the Xia, Shang, and Western Zhou dynasties. In terms of historical source handling, it is based on unearthed documents as reliable evidence, supplemented by verification from ancient literature. In its chapter structure, it adopts a departmental law cataloging approach, which helps readers gain a comprehensive understanding of the legal systems of the Three Dynasties. It places particular emphasis on the study of the legal systems of the middle and later periods of the Shang and Western Zhou dynasties. The author has an in-depth understanding of the civil legal system and the legal system of litigation in the Western Zhou dynasty, thereby refuting the claim that "ancient China had no civil law." Hu Liuquan and Feng Zhuohui, a couple of professors at Northwest University of Political Science and Law, are dedicated to teaching and research in legal history, having published monographs and numerous co-authored works in their field. The Chinese legal system originated from the Xia, Shang, and Western Zhou dynasties, with the Western Zhou being particularly significant. This period was a time of relative development in slave law in China. Due to the scarcity, fragmentation, and the challenges of verifying ancient texts in pre-Qin legal history, there has been no systematic monograph on this subject domestically or internationally. This book, in its historical source handling, is based on underground documents as reliable evidence, supplemented by verification from ancient literature. For example, regarding the legal materials of the Xia and Shang dynasties, it first utilizes archaeological findings such as Xia and Shang tombs, palace ruins, and a large number of oracle bone inscriptions, then verifies them with pre-Qin ancient literature. For the legal system of the Western Zhou, it relies on a large number of bronze inscriptions, verifying them with ancient literature. Oracle bone inscriptions primarily use the "Huiji" collection, supplemented by other oracle bone inscriptions. Inscriptions include both traditional gold inscriptions and important inscriptions unearthed after the liberation. The ancient literary sources used for verification include the "Xia," "Shang," and "Zhou" sections of the "Shangshu" (Book of Documents), relevant chapters of the "Odes" (Shijing) such as Feng, Ya, and Song, as well as other texts like the "Yijing" (Book of Changes), "Zhouli" (Rites of Zhou), "Liji" (Book of Rites), and "Zuo Zhuan" (Zuo's Commentary). In its chapter structure, it adopts a departmental law cataloging approach, which helps readers gain a comprehensive understanding of the legal systems of the Three Dynasties. It places particular emphasis on the study of the legal systems of the middle and later periods of the Shang and Western Zhou dynasties. Through the study of relevant oracle bones, bronze inscriptions, and other documents, the author gains an in-depth understanding of the civil legal system and the legal system of litigation in the Western Zhou dynasty, thereby refuting the claim that "ancient China had no civil law."