History of Legal System during Xia, Shang, and 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 relies on unearthed documents as credible evidence and further corroborates ancient literature. In terms of 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 particularly focuses on the legal systems of the middle and late 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 researching legal history and have 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 relatively developed slave law in China. Due to the scarcity, fragmentation, and the challenging work of identifying ancient texts in pre-Qin legal history, there has been no systematic monograph on this subject domestically or internationally. This book, in terms of historical source handling, relies on underground documents as credible evidence and further corroborates 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 corroborates them with pre-Qin ancient literature. For the legal system of the Western Zhou, it is based on a large number of bronze inscriptions, corroborating ancient literature. Oracle bone inscriptions primarily use the "Huiji" materials, supplemented by other oracle bone inscriptions. Inscriptions combine traditional gold inscriptions with important inscriptions unearthed after the liberation. The ancient literature used for corroboration includes the "Xia," "Shang," and "Zhou" sections of the "Shangshu"; relevant chapters of the "Odes" (Feng, Ya, and Song); as well as other works such as the "I Ching," "Rites of Zhou," "Liji," and "Zuo Zhuan." In terms of 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 particularly focuses on the legal systems of the middle and late periods of the Shang and Western Zhou dynasties. Through the study of related 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."