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Following “Tian Li” (Heavenly Principles) and Enforcing Laws According to the Concrete Situations of Specific Cases

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Abstract

During the Xia (2070 B.C.–1600 B.C.) and Shang dynasties (1600 B.C.–1046 B.C.), the national law and “Tian” (heaven) were closely connected, thus, the primitive religion had permeated the field of politics and to some extent, governed the national activities, with the result that the unique views of “Tian Dao” (The Way of Heaven), politics and law were formed. After Shang Dynasty was wiped out by Zhou, although some adjustments were made in the views of the people in Shang dynasty about “Tian Dao” (The Way of Heaven), the belief that God was the spirit of ancestors was negated, and the belief that only the most virtuous would be supported and made kings by “Tian” (heaven) was accepted, which was described in the sentence that “‘Huang Tian’ (heaven) is has no partial affections and it only helps the virtuous”. Undoubtedly, although a political color of realism was added by such adjustments, it had still propagated the supreme authority of “Tian” (heaven), and attributed the ruling by the people of Zhou as “Tian Ming” (mandated by Heaven).

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Notes

  1. 1.

    “Tai Shi” (The Great Declaration) in Shang Shu (The Book of Historical Document).

  2. 2.

    “Gao Yaomo” (Counsels of Gao Yao) in Shang Shu (The Book of Historical Document).

  3. 3.

    “Tai Shi” (The Great Declaration) in Shang Shu (The Book of Historical Document).

  4. 4.

    “Wu Shen Yan He Zou Zha” (Memorials Presented under the Reign of Yan He in the Year of Wu Shen: 1188) in Huian Xian Sheng Zhu Wengong Wenji (The Collected Works of Zhu Wengong).

  5. 5.

    “Du Da Ji” (The Records) in Huian Xian Sheng Zhu Wengong Wenji (The Collected Works of Zhu Wengong).

  6. 6.

    “Da He Shujing” (Answer to He Shujing) in Huian Xian Sheng Zhu Wengong Wenji (The Collected Works of Zhu Wengong), Vol. 13.

  7. 7.

    “Kui Wei Chui Gong Zou Zhai” (Memorials Presented in the Year of Kui Wei) in Huian Xian Sheng Zhu Wengong Wenji (The Collected Works of Zhu Wengong).

  8. 8.

    Zhu Zi Yu Lei (Quotations of Master Zhu), Vol. 24.

  9. 9.

    Ibid., Vol. 13.

  10. 10.

    Ibid.

  11. 11.

    “Li Lou” (Li Lou) (Part 1) in Meng Zi Ji Zhu (Mencius Variorum).

  12. 12.

    “Wu Shen Yan He Zou Zha” (Memorials Presented under the Reign of Yan He in the Year of Wu Shen: 1188) in Huian Xian Sheng Zhu Wengong Wen Ji (The Collected Works of Zhu Wengong).

  13. 13.

    “Lun Zhi Dao” (On Administration) in Huian Xian Sheng Zhu Wengong Wen Ji (The Collected Works of Zhu Wengong).

  14. 14.

    “Da Zhang Jingfu” (Answer to Zhang Jingfu) in Huian Xian Sheng Zhu Wengong Wenji (The Collected Works of Zhu Wengong).

  15. 15.

    “Hui Da Ba” (The Eighth Answer) in Chen Liang Ji (The Collected Works of Chen Liang).

  16. 16.

    “Yu Zhou Xian Guan Liao” (Officials in Yu Zhou County) in Ming Gong Shu Pan Qing Ming Ji (Collections of Enlightened Judgments), Vol. 1, pp. 6–7.

  17. 17.

    “Concealing the Death of one’s Parents” in “Zhai Wei” (Fraud and Falsehood) in Tang Lv Shu Yi (The Comments on Tang Code).

  18. 18.

    “Violating Name Taboos in Naming Offices or Officials” in “Zhi Zhi (The State Office System)” in Tang Lv Shu Yi (The Comments on Tang Code).

  19. 19.

    Ibid.

  20. 20.

    “Departing Relatives to Take Government Offices” in “Li Lv” (Statute on Rites) in Da Qing Lv Li (The Laws and Precedents of Great Qing).

  21. 21.

    “Making Private Reconciliation when Relatives are Killed by Others” in “Zei Dao (Violence and Robbery)” in Tang Lv Shu Yi (The Comments on Tang Code).

  22. 22.

    “Assaulting the Paternal Grandparents” in “Dou Song” (Disputes and Litigations) in Tang Lv Shu Yi (The Comments on Tang Code).

  23. 23.

    “Xing Fa Zhi” (The Record of the Criminal Law) in Jiu Tang Shu (The History of Old Tang Dynasty).

  24. 24.

    “Assaulting Parents or Paternal Grandparents” in “Xing Lv (The Criminal Law)” in Da Qing Lv Li (The Laws and Precedents of Great Qing).

  25. 25.

    “With no Adult Males to Take Care of the Paternal Grandparents or Parents after Being Punished by Death Penalty” in “Ming Li (Statutes and Terms)” in Tang Lv Shu Yi (The Comments on Tang Code).

  26. 26.

    Da Qing Hui Dian (The Collected Statutes of Great Qing), Vol. 57.

  27. 27.

    “Xing Fa Zhi” (The Record of the Criminal Law) in Xin Tang Shu (The History of New Tang Dynasty).

  28. 28.

    Zi Zhi Tong Jian (History as a Mirror), Vol. 196.

  29. 29.

    Ce Fu Yuan Gui (Records of Great Events), Vol. 150.

  30. 30.

    “Xiao Wen Ben Ji” (Records of Emperor Xiao Wen) in Shi Ji (The Records of the Grand Historian).

  31. 31.

    “Xing Fa Zhi” (The Record of the Criminal Law) in Ming Shi (The History of Ming Dynasty).

  32. 32.

    “Xing Fa Zhi” (The Record of the Criminal Law) in Ming Shi (The History of Ming Dynasty).

  33. 33.

    “Hou Feng Su” (To Lay Stress on Customs) in Ming Taizu Bao Xun (The Instructions of Emperor Taizu), Vol. 2.

  34. 34.

    Du Tong Jian Lun (Comments on Zi Zhi Tong Jian: History as a Mirror), Vol. 6.

  35. 35.

    Ibid.

  36. 36.

    Wang Fuzhi, E Meng (Nightmares).

  37. 37.

    Ibid.

  38. 38.

    Ibid.

  39. 39.

    Ibid.

  40. 40.

    Jin Ming Lv Biao (A Memorial to the Emperor about Ming Code) in Da Ming Lv Ji Jie Fu Li (Great Ming Code with Collected Commentaries and Appended Sub-statutes).

  41. 41.

    Xue Xuan, Yao Yu (Important Words).

  42. 42.

    “Yi Wen” (The Lost and Scattered Articles) in Shen Zi (Master Shen).

  43. 43.

    “Mu Min” (On Ruling the People) in Guan Zi (The Book of Master Guan).

  44. 44.

    “Yi Yan” (Unification of Words) in Shang Jun Shu (The Book of Lord Shang).

  45. 45.

    “Yin Xun” (Following the Beaten Track) in Shen Zi (Master Shen).

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Zhang, J. (2014). Following “Tian Li” (Heavenly Principles) and Enforcing Laws According to the Concrete Situations of Specific Cases. In: The Tradition and Modern Transition of Chinese Law. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-23266-4_5

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