Abstract
The traditional law in ancient China, characterized by being a protection for the unequal social relationships, was a prerogative law determined by the hierarchical class system. The privileges entitled by the traditional law were in conflict with the requirement for the impartiality of law which was a measure of value for the general evaluation of law, but it had limitations in times and social classes. Although the stipulations about the scope of privileges in the traditional law were limited, they were legal. The two opposite parties in this conflict were consistent under given conditions: the traditional law was inseparable from impartiality, while the law of impartiality was maintained by the the power of the privileged. For this reason, the law, on the one hand, was a regulator for the whole society, on the other hand, was a guarantee for the privileged.
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Notes
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Zhang, J. (2014). Rights Differentiated, Duty as a Standard. In: The Tradition and Modern Transition of Chinese Law. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-23266-4_3
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DOI: https://doi.org/10.1007/978-3-642-23266-4_3
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