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IHarbour Lecture (12): Confucian Legal Tradition: China’s Discourse for the Rule of Law
日期: 2019-06-03 点击：
On the morning of May 27, 2019, Dr. Zhang Aisi, a research-only post-doctoral fellow of the School of Law lectured onConfucian Legal Tradition: China’s Discourse for the Rule of Law.
Dr. Zhang Aisi used a short video to introduce Confucius’s life and thoughts and his influence to China as well as to the world. Then she explained the development of Confucian legal tradition and its expressions in three historical periods: the pre-Qin period (before 221 B.C.), the Han Dynasty (202 B.C. – 220 A.D.) and the period between the Han and Tang dynasties (618 A.D. – 907A.D.).
Legal precedent called “Pan Wen (written judgment)” emerged in China in the pre-Qin period.. In the Han Dynasty, doctrines inThe Spring and Autumn Annalsserved as the legal basis for adjudication. Dong Zhongshu, a famous scholar and master of Confucianism in the Han Dynasty, proposed “Chun Qiu Jue Yu”, i.e., adjucate according to doctrines in the book ofThe Spring and Autumn Annals. During the chaotic period between the Han and Tang dynasties, Liu Song, a jurist during the Western Jin Dynasty (266 A.D. -316 A.D.), challenged the adjudication based on “Tian Li (heavenly principles) – Guo Fa (state laws) – Ren Qing (human relationship)”.
In conclusion, Dr. Zhang said, “Many people think that the traditional Chinese legal system lacks a basis of legal rules and attribute deficits of the traditional legal system to the adoption of Confucianism. Actually, Confucianism contains enough legal consciousness.”
