To Introduce “Li” (Rites) into Law and to Integrate “Li” (Rites) with Law

Zhang, Jinfan

doi:10.1007/978-3-642-23266-4_1

Jinfan Zhang²

1249 Accesses

Abstract

“Li” (rites) is a social phenomenon in ancient China, which can be dated far back to early times, and which had existed throughout the ancient history of China. The concepts and the principles of “Li” are now viewed as the core of Chinese traditional culture, which have been influencing people’s social lives in every aspect, and have been adjusting the relationships not only between individuals, but also between individuals and their families, individuals and their state, and even the relationship between the individual and the universe. The assimilation and integration of “Li” (rites) and law have constituted the most essential characteristics of Chinese legal system and the peculiar Chinese legal culture.

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Notes

1.
“Biao Ti Shu” (The Interpretation of Title) in Li Ji (The Book of Rites).
2.
Xu Shen, Shuo Wen Jie Zi (Origin of Chinese Characters).
3.
“Tai Bo” in Lun Yu (The Analects).
4.
Xu Hao, Shuo Wen Jie Zi Zhu Jian (Annotations to Origin of Chinese Characters).
5.
“Cheng Gong Shi San Nian” (The 13th Year of the Duke of Cheng) in Zuo Zhuan (The Chronicle of Zuo).
6.
“Wei Zheng” (Handling Political Affairs) in Lun Yu (The Analects).
7.
“Li Shu” (Treatises) in Shi Ji (The Records of the Grand Historian).
8.
“Ba Yi” in Lun Yu (The Analects).
9.
“Fu Guo” (On Enriching the State) in Xunzi.
10.
“Jie Lao” in Han Feizi.
11.
“Xi Gong Shi Yi Nian” (the 11th Year of the Duke of Xi) in Zuo Zhuan (The Chronicle of Zuo).
12.
“Ai Gong Wen” (The Questions of the Duke Ai) in Li Ji (The Book of Rites).
13.
“Li Lun” (Discourse on Ritual Principles) in Xunzi.
14.
“Fei Xiang” (Contra Physiognomy) in Xunzi.
15.
“Rong Ru” (Of Honor and Grace) in Xunzi.
16.
“Fang Ji” (Record of Dykes) in Li Ji (The Book of Rites).
17.
“Xing Fa Zhi” (The Record of the Criminal Law) in Han Shu (The History of Former Han Dynasty).
18.
“Xing Li Er” (On the Universal Order in the Human Character) in Zhu Zi Yu Lei (Quotations of Master Zhu), Vol. 5.
19.
“Li Ji Zhuan Yan Xu” in Wang Wei Cheng Gong Quan Shu (The Completed Works of Master Wang Weicheng), Vol. 7.
20.
Meng Zi Zi Yi Shu Zheng (Interpretations of the Meaning of Mencius’s Words).
21.
“Zhi Qi” in Lun Heng (On Balance).
22.
“Ai Ri” in Qian Fu Lun (Comments of a Recluse).
23.
“Nong Zong” in Gong Zi Zhen Quan Ji (The Collected Works of Gong Zi Zhen).
24.
“Biao Ji” (The Record on Examples) in Li Ji (The Book of Rites).
25.
“Wen Wang” (King Wen) in “Da Ya” (Major Odes of the Kingdom) in Shi Jing (The Book of Songs).
26.
“Qin Shi” (The Speech of Qin) in Shang Shu (The Book of Historical Document).
27.
Guo Moruo, Qi Tong Shi Dai (Bronze Age), China Renmin University Press, 2005, p. 16.
28.
“Li Yun” (The Rites in the Pre-Qin Dynasties) in Li Ji (The Book of Rites).
29.
“Jing Jie” (Explanations of the Classics) in Li Ji (The Book of Rites).
30.
“Xing She Jie” (Explanation of the Conditions and Circumstances) in Guan Zi (The Book of Master Guan).
31.
“Wei Zheng” (Handling Political Affairs) in Lun Yu (The Analects).
32.
“Zhao Gong Qi Nian” (The 7th Year of Lu Zhao Gong) in Zuo Zhuan (The Chronicle of Zuo).
33.
“Yan Wang Liu Ze Zhuan” (Biography of the Emperor Liu Ze) in Han Shu (The History of Former Han Dynasty).
34.
“Chen Kuan Zhuan” (The Biography of Chen Kuan) in Hou Han Shu (The History of Latter Han Dynasty).
35.
“Ba Yi” in Lun Yu (The Analects).
36.
“Zhou Yu Zhong” (Discourses of Zhou) in Guo Yu (The National Language).
37.
“Yu Yang Xuechen Shu” (Letters to Yang Xueche) in Ting Lin Wen Ji (The Collected Works of Ting Lin), Vol. 6.
38.
Lv Yonghui Wen Ji (The Collected Works of Lv Yonghui).
39.
“Zhong Ni” (Zhongni is courtesy name of Confucius) in Xunzi.
40.
“Zi Lu” (a disciple of Confucius) in Lun Yu (The Analects).
41.
“Zhuang Gong Shi Ba Nian” (The 18th Year of the Duke of Zhuang) in Zuo Zhuan (The Chronicle of Zuo).
42.
“Gao Lou Shang” in Mencius (The Book of Mencius).
43.
“Ji Tong” (Summary of Sacrifices) in Li Ji (The Book of Rite).
44.
“Fang Ji” (Record of Dykes) in Li Ji (The Book of Rites).
45.
“Li Lun” (Discourse on Ritual Principles) in Xunzi.
46.
“Xi Gong Shi Yi Nian” (the 11th Year of the Duke of Xi) in Zuo Zhuan (The Chronicle of Zuo).
47.
“Jin Yu Si” (Discourses of Jin: Part 4) in Guo Yu (The National Language).
48.
“Zhao Gong Shi Wu Nian” (The 15th Year of Lu Zhao Gong) in Zuo Zhuan (The Chronicle of Zuo).
49.
“Zhong Ni Yan Ju” (Confucius at Home at Ease) in Li Ji (The Book of Rites).
50.
“Xian Wen” (The Questions of Xian) in Lun Yu (The Analects).
51.
“Yue Ji” (The Record of Music) in Li Ji (The Book of Rites).
52.
“Jia Yi Zhuan” (Biography of Jia Yi) in Han Shu (The History of Former Han Dynasty).
53.
“Ai Gong Wen” (The Questions of the Duke Ai) in Li Ji (The Book of Rites).
54.
“Yang Huo” in Lun Yu (The Analects).
55.
“Yan Yuan” (Yan Hui, common name Zi Yuan, was a favorite among the Disciples of Confucius) in Lun Yu (The Analects).
56.
Liang Qichao, Qing Dai Xue Shu Gai Lun (An Outline of the Academics in Qing Dynasty).
57.
“Wei Zheng” (Handling Political Affairs) in Lun Yu (The Analects).
58.
“Tai Shi Gong Zi Xu” (Preface by Tai Shigong himself) in Shi Ji (The Records of the Grand Historian).
59.
“Li” in Xin Shu (New Writings).
60.
“Dao Shu” (The Practice of Daoist Rules) in Xin Shu (New Writings).
61.
“Jia Yi Zhuan” (Biography of Jia Yi) in Han Shu (The History of Former Han Dynasty).
62.
“Ji Yi” (Basic Morals) in Chun Qiu Fan Lu (The Luxuriant Dew of Spring and Autumn Annals).
63.
“Li Sheng Lu Jia Lie Zhuan” (Biography of Li Sheng, Lu Jia et al) in Shi Ji (The Records of the Grand Historian).
64.
“Xing Fa Zhi” (The Record of the Criminal Law) in Han Shu (The History of Former Han Dynasty).
65.
“Zheng Hong Zhuan” (Biography of Zheng Hong) in Han Shu (The History of Former Han Dynasty).
66.
“Xing Fa Zhi” (The Record of the Criminal Law) in Jin Shu (The History of Jin Dynasty).
67.
“Ying Shao Zhuan” (Biography of Ying Shao) in Hou Han Shu (The History of Latter Han Dynasty).
68.
“Er Kuan Zhuan” (Biography of Er Kuan) in Han Shu (The History of Former Han Dynasty).
69.
“Juan Buyi Zhuan” (Biography of Juan Buyi) in Han Shu (The History of Former Han Dynasty).
70.
“Xing De” (The Penal Morality) in Yan Tie Lun (Discussions on Salt and Iron).
71.
“Xing Fa Zhi ”(The Record of the Criminal Law) in Jin Shu (The History of Jin Dynasty), quoted from “Wei Lv Xu” (The preface to Wei Code).
72.
“Xing Fa Zhi ”(The Record of the Criminal Law) in Jin Shu (The History of Jin Dynasty), quoted from “Wei Lv Xu” (The Preface to Wei Code).
73.
“Xing Fa Zhi” (The Record of the Criminal Law) in Jin Shu (The History of Jin Dynasty).
74.
“Du Yu Zhuan” (The Biography of Du Yu) in Jin Shu (The History of Jin Dynasty).
75.
“Li Zhi Zhong” (The Record of “Li”, Part 2) in Jin Shu (The History of Jin Dynasty).
76.
“Xing Fa Zhi” (The Record of the Criminal Law) in Jin Shu (The History of Jin Dynasty).
77.
Ibid.
78.
Ibid.
79.
“Ying Zhongkan Zhuan” (Biography of Ying Zhongkan) in Jin Shu (The History of Jin Dynasty).
80.
“Yu Chun Zhuan” (Biography of Yu Chun) in Jin Shu (The History of Jin Dynasty).
81.
“Xing Fa Zhi” (The Record of the Criminal Law) in Sui Shu (The History of Sui Dynasty).
82.
Qing Taizong Shi Lu Gao Ben (Recorded Manuscript of Taizong in Qing Dynasty), pp. 6–7.
83.
The above quoted from “Dou Song Lv” (Laws on Affrays) in Tang Lv (Tang Code).
84.
“Yi Yan San” (Discussion on Conviction: Part 3) in “Xing Fa Bu” (The Section of Penal Law) in Ce Fu Yuan Gui (Records of Great Events), Vol. 616.
85.
“Jia Yi Zhuan” (Biography of Jia Yi) in Han Shu (The History of Former Han Dynasty).
86.
“Xing Fa Zhi” (The Record of the Criminal Law) in Ming Shi (The History of Ming Dynasty).
87.
Ming Tai Zu Shi Lu (Records of Ming Tai Zu), Vol. 162.

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China University of Political Science and Law, Beijing, People’s Republic of China
Jinfan Zhang

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Zhang, J. (2014). To Introduce “Li” (Rites) into Law and to Integrate “Li” (Rites) with Law. In: The Tradition and Modern Transition of Chinese Law. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-23266-4_1

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DOI: https://doi.org/10.1007/978-3-642-23266-4_1
Published: 27 December 2013
Publisher Name: Springer, Berlin, Heidelberg
Print ISBN: 978-3-642-23265-7
Online ISBN: 978-3-642-23266-4
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