Abstract
As an epitome of ancient Chinese jurisprudence, “Lv Xue” (the study of statutory laws) had been a miracle in the garden of ancient Chinese legal culture, and the forms and achievements of its development had become a key criterion to measuring the ancient Chinese legal culture. In the ancient Chinese “Lv Xue” (the study of statutory laws), the constraint of religious theology had been cast off in quite an early time, but the direction and level of development were still strictly controlled by the autocratic state. Thus, “Lv Xue” (the study of statutory laws) was basically conducted by the official authorities and the private commentaries on law were only regarded as supplements to the official commentaries. The major task of “Lv Xue” (the study of statutory laws) in ancient China was to expound the legislative intents and legal principles of a nation, to annotate the conceptual terminologies of law, to comment on the origin, the success and failures and the evolution of legal provisions, and to reveal the relationships between “Lv” (criminal laws) and “Li” (precedent) and between other forms of law, in an attempt to achieve a uniform application of law so that a highly unified national legal system and political rule could be maintained.
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Notes
- 1.
“Li Wei” (Inconsistency between Words and Thoughts) in Lv Shi Chun Qiu (Spring and Autumn Annals of Master Lv).
- 2.
“Ding Fen” (Defining a Person’s Social Status) in Shang Jun Shu (The Book of Lord Shang).
- 3.
Ibid.
- 4.
“Yuan Fa” (On Law) in Jian Lun (Essential Discussions).
- 5.
Cui Zusi, Qing Ze Ren Xi Lv Ling Zou (A Memorial to the Emperor for Recommending People to Study Laws and Regulations).
- 6.
“Chen Chong Zhuan” (The Biography of Chen Chong) in Hou Han Shu (The History of Latter Han Dynasty).
- 7.
Wang Liqi, Feng Su Tong Yi Jiao Zhu (Collation and Annotation of the General Principles of Customs).
- 8.
“Xing Fa Zhi” (The Record of the Criminal Law) in Jin Shu (The History of Jin Dynasty).
- 9.
Ibid.
- 10.
“Zheng Xuan Zhuan” (The Biography of Zheng Xuan) in Hou Han Shu (The History of Latter Han Dynasty).
- 11.
Cheng Shude, “Han Lv Kao” (A Textual Research of the Laws in Han Dynasty) in Jiu Chao Lv Kao (A Textual Research of the Laws of the Nine Dynasties from Han to Sui).
- 12.
“Du Yu Zhuan” (The Biography of Du Yu) in Jin Shu (The History of Jin Dynasty).
- 13.
“Xing Fa Zhi” (The Record of the Criminal Law) in Jin Shu (The History of Jin Dynasty).
- 14.
“Xing Fa Zhi” (The Record of the Criminal Law) in Jin Shu (The History of Jin Dynasty).
- 15.
Ibid.
- 16.
“Duan Zui Wu Zheng Tiao” (there were no legal provisions for making convictions) in “Ming Li” (Statutes and Terms) in Tang Lv Shu Yi (The Comments on Tang Code).
- 17.
“Xu” (Preface) to “Ming Li” (Statutes and Terms) in Tang Lv Shu Yi (The Comments on Tang Code).
- 18.
Xu Zi Zhi Tong Jian Chang Bian (Sequel to the Full-length Zi Zhi Tong Jian: History as a Mirror), Vol.143, September, the 3rd year of Qingli.
- 19.
“Bu Ban Fan Li” (Notices Issued by the Government Departments) in Da Qing Lv Li (The Laws and Precedents of Great Qing).
- 20.
“Ma Tengjiao Xu” (Preface Written by Ma Tengjiao) in Da Qing Lv Li Ji Zhu (The Collected Commentaries on the Laws and Precedents of Great Qing).
- 21.
“Yue Su” (Appealing by Bypassing the Immediate Leadership) in Xing An Hui Lan (Collections of Criminal Cases), Vol.45; or in “Shuo Tie” (The Note of Interpretation) in the 22nd year of Jiaqing.
- 22.
“Xi Sha Wu Sha Guo Shi Sha Shang Ren” (Killing or Injuring People by Joking, Manslaughtering, and Negligent Homicide) Xing An Hui Lan (Collections of Criminal Cases), Vol. 32; or in “Shuo Tie” (The Note of Interpretation) in the 22nd year of Jiaqing.
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Zhang, J. (2014). Unified Interpretation of Law and Unparalleled Flourishing of “Lv Xue”. In: The Tradition and Modern Transition of Chinese Law. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-23266-4_10
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