Chinese Legal History

Author: Tao Shuya, Editor-in-Chief
Publisher:
Publish Date: 2006-09-01
Features: The evaluation of the current legal system is closely related to its own historical and traditional culture. Therefore, what legal history truly teaches us is a set of methods—understanding past laws to observe the existing legal system and more accurately predict the future direction of legal system development. This requires mastering the basic theories and methods of historical materialism, as well as relevant knowledge of Chinese history and foundational legal knowledge. In addition to the above basic theories and knowledge requirements, mastering the fundamental methods of studying Chinese legal history is also crucial. The main methods include:
First, grasp the historical stages of Chinese legal development as a whole. Legal systems form, develop, and perfect themselves along with social progress, reflecting the political, economic, and social environment. Thus, they exhibit phased characteristics on a macro scale. The table of contents for each part of this textbook serves this purpose. Second, understand the ethical-centered nature of Chinese legal culture. Legal culture is part of the traditional great culture, so Chinese legal culture also embodies the content, spirit, and values of Confucianism. Emphasizing family, kinship, and ethics, and "determining the severity of criminal punishment based on ethics" are prominent features of traditional Chinese law. Third, clarify the learning objectives. Our goal is to cultivate legal talents who are "cultured, grounded, and innovative," and legal history as a discipline fulfills this function. Diligence, rigor, and a spirit of truth-seeking are the foundation for mastering Chinese legal history; extensive reading, observation, comparison, and categorization are the means to achieve this. Finally, this textbook is designed for applied undergraduate colleges, so we have strived to use simple language, accessible materials, and diverse formats to present it to readers. We have also made every effort to keep the content concise, ensuring the textbook is appropriately sized to meet teaching and learning needs.