Ritual and Law (The Historical Connection of Law)

Author: Ma Xiaohong
Publisher:
Publish Date: 2004-08-01
Features: This book elaborates on Chinese traditional law from three aspects: First, it reflects on the methods and perspectives of researching Chinese traditional law since modern times, questioning the evaluation of "Chinese traditional law" based on the development model of "Western law." It points out that forced analogies and mechanical comparisons have led to numerous misunderstandings of Chinese traditional law. Second, it defines the concepts of "ancient law" and "traditional law." In short, "ancient law" refers to the objective existence that has become part of history, while "traditional law" is an ongoing process that connects ancient times with modernity and history with reality. "Traditional law" explains the law of past societies through contemporary legal concepts. Therefore, the "ritual" (li), which was not named as "law" by the ancients but embodied the essence of "law," is included in the study of "traditional law." Based on this, the author proposes that the structure of Chinese traditional law is a community of "ritual" and "law" (ancient law), representing a perfect combination of ritual and law. Third, taking the definition of "ancient law" and "traditional law" as a starting point, the author attempts to objectively describe "ancient law" while constructing the structure of traditional law, exploring the historical formation, social foundations, and value concepts of Chinese traditional law, and comparing them with Western law. Therefore, in this book, the author clarifies fundamental concepts of Chinese traditional law, such as ritual, ritual governance, ritual education, ritual propriety (system), moral education, moral transformation, moral governance, rule by man, law, rule of law, legal system, and law, one by one; analyzes the concepts of theocracy, ethical morality, equality, human feelings, and human nature in Chinese traditional law; and offers unique insights on the arguments since modern times that compare "ritual" to Western concepts such as "natural law," "constitutional law," and "civil law."