The Projection of the Xiezhi (Chinese Legal Culture)

Author: Guo Jian
Publisher:
Publish Date: 2006-08-01
Features: The Projection of the Xiezhi is a systematic work that interprets Chinese legal culture. Law is a clearly defined social norm, and an ideal law should be highly precise. However, many issues related to law, such as why people obey the law, why certain laws exist, and how people are corrected by law, lack precise boundaries. In actual judicial and law enforcement processes, the ideal of precision is highly questionable. "Legal culture" precisely addresses these imprecise aspects. In fact, all of Guo Jian's legal works elaborate on legal culture, though this book is more specific and systematic. The "Xiezhi" (pronounced xiezhi) is a mythical single-horned beast said to have been used by the legendary Chinese judge Gao Yao (pronounced gaoyao) when adjudicating cases. When faced with indecisive cases, the beast would touch the party at fault with its horn. Xu Shen, in the Shuowen Jiezi, determined that the Chinese character for "law" (fa) originates from this horned beast. The aspiration for fair and just laws is also embodied in this creature. Guo Jian begins his interpretation with this beast, introducing and analyzing China's legal culture from various perspectives, such as the unbroken tradition of legal codes, the satisfying "three great executioners," and the layered image of the incorruptible officials. By integrating the interpretation of traditional Chinese law with the history of thought, folklore, social history, and literary arts, he creates a rich and vivid picture that is both engaging and enlightening.