Contents

Introduction:

The First Lesson of Legal History Science 1

I. Defining “Legal History Science” 5

II. Research Subjects and Scope of Legal History 14

III. Research Purposes and methodologies of Chinese Legal History 23

Pandect:

Pursuing the Remote Past 41

Chapter One: The Origins of Norms and Formation of Legal Systems 43

I. The Origins and Developments of Social Norms 44

II. The Customs and Customary Law in Traditional Chinese Society 57

III. The Roman and Chinese Legal Systems in History 64

Chapter Two: The Contents and Features of Traditional Chinese Legal Culture 77

I. The Legal Theory on the Instinctive Connection between People
and Nature 78

II. The Mixed Legal Compilation Based on Criminal Punishment 84

III. Legal Ideas Based on Family Ethics 92

IV. The Combination and Separation of Judicial and Executive
Powers 101

V. Law and the Reality 109

Early Ancient Period:

Prototype of Classic Chinese Legal Culture 121

Chapter Three: Chinese Feudal Society and Legal Philosophies in Pre-Qin Period 123

I. The Feudal System and Legal Ideas of Western Zhou 123

II. Legal Theories of Pre-Qin Philosophers 130

III. The Promulgated Controversy of Late Chuen Qiou 153

IV. The Origin of Chinese Systematic Codified Laws 163

Chapter Four: Norms of Qin-Han and the Criminal Judgments in Lian
Han Chuen Qiou 171

I. Shuihudi Bamboo Text and Qin Code 171

II. The Legal Norms and Practice of Early Han 176

III. Zhangjiashan Bamboo Text and the Legal Norms of Early Han 186

IV. The Criminal Judgments in Chuen Qiou and under Confucianism 191

Middle Ancient Period:

The Maturity and Succession of Codified Laws 223

Chapter Five: The Thinking of Manners and Punishment in the Tang Code   225

I. Predecessors and Achievements of the Tang Code 226

II. The Legislative Theoretical Basis of the Tang Code 235

III. The Principle of “Morals as a Basis for the Application of Practical” in the Tang Code 241

IV. Review on “Morals as a Basis for the Applications of Penalties”
in the Tang Code 253

Chapter Six: The Legal Culture of Song and Yuan 265

I. Legislature and Judiciary of Song 266

II. The Variability and Invariability of Song Norms 272

III. Judicial Exams and Judicial Judgments of Song 277

IV. The Variability and Features of Yuan Norms 283

V. The Criminal System and Judiciary Institutions of Yuan 292

Early Modern Period:

The Reorganization and Transformation of Chinese Legal Culture 297

Chapter Seven: The Legal Development of Ming and Ching 299

I. The Content and Features of Ming Code 300

II. Judiciary of Ming 305

III. Legislature of Ching 310

IV. Judiciary of Ching 319

Late Modern Period:

Impact of the West and Evolution of the Laws 331

Chapter Eight: The Social Transformation and Legal Modernization
during the Late Ching Period 333

I. From Native Law to Received Law 334

II. Complementary Measures during the Process of Legal Westernization 348

III. Controversies during Late Ching Legal Transformation 365

IV. Key Points to the Turning Point of Late Ching Legal Transformation 393

V. The Historical and Time Meaning of Late Ching Legal Reception of Foreign Laws 406

Chapter Nine: Inheritance and Innovation of the Republic Norms 415

I. Transitional Norms of Beiyang Government 416

II. The Enactment of the Six Codes of Nationalist Government in Nanjing 433

III. The Drift of the Six Codes to Taiwan 444

IV. Reflections on the Centurial Republican Legal Culture 454

Conclusion 469

Appendixes 475

I. Chronology of Imperial Legal Culture 477

II. Chronology of Legal Events during the Late Ching and the Early Republic 489

III. Index 501