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The Origin of Chinese Legal Civilization: The Legal Systems of the Xia and Shang Dynasties

(About 21st Century B.C.–11th Century B.C.)

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The History of Chinese Legal Civilization

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Abstract

Chinese legal civilization has developed for over 4000 years without interruption. Its continuity, systematicness, and integrity are very rare among the ancient civilizations. The Chinese legal civilization is the fruit of the wisdom and rationality of the Chinese nation and it has reflected the great creativity of the nation and the profound background of legal culture.

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Notes

  1. 1.

    “Li Yun” (The Rites in the Pre-Qin Dynasties) in Li Ji (The Book of Rites).

  2. 2.

    “Zhi Ben” (Getting at the Root) in Wei Liao Zi (On the Art of War).

  3. 3.

    “Ban Lu” (Ranks and Salaries) in Qian Fu Lun (On Hermits).

  4. 4.

    “Si Lun Xun” (Instructions of Si Lun) in Huai Nan Zi (Masters from Huainan).

  5. 5.

    “Hua Ce” (Policies) in Shang Jun Shu (The Book of Lord Shang).

  6. 6.

    “Li Yun” (The Rites in the Pre-Qin Dynasties) in Li Ji (The Book of Rites).

  7. 7.

    “Ren Jian Shi” (Human World) in Zhuang Zi (Zhuang Zi).

  8. 8.

    “Yi Bing” (On Military Affairs) in Xun Zi (Xun Zi).

  9. 9.

    “Fei Gong” (Opposing Aggression) in Mo Zi (Mo Zi) (Book 2).

  10. 10.

    “Zhao Lei” (Attraction of the Kindred) in Lv Shi Chun Qiu (Spring and Autumn Annals of Master Lv).

  11. 11.

    “Zi Chan Bu” (Assets), quoted from “Sui Chao Zi” (a follower of Mo Zi) in Tai Ping Yu Lan (Imperial Readings of the Taiping Era), Vol. 823.

  12. 12.

    “Zhou Yu” (The Historical Records of Zhou Dynasty) in Guo Yu (The Historical Records of Various States), Vol. 2.

  13. 13.

    “Jian Ai” (Universal Love) in Mo Zi (Mo Zi), quoted from Yu Shi (Oath of Yu).

  14. 14.

    “Li Yun” (The Rites in the Pre-Qin Dynasties) in Li Ji (The Book of Rites).

  15. 15.

    (Germany) Engels, “The Origin of the Family, Private Property and the State” in Ma Ke Si En Ge Si Xuan Ji (The Selected Works of Marx and Engels), Vol. 4, The People’s Publishing House, 1972, pp. 160–161.

  16. 16.

    “Wan Zhang” (a student of Mencius) in Meng Zi (Mencius) (Book 1).

  17. 17.

    “Lv Xing” (The Penal Code of Lv) in Shang Shu (The Book of Historical Document).

  18. 18.

    “Cheng Gong Si Nian” (The 4th Year of the Duke of Cheng) in Zuo Zhuan (The Chronicle of Zuo).

  19. 19.

    “Zhuang Gong Er Shi Ba Nian” (The 28th Year of the Duke of Zhuang) in Zuo Zhuan (The Chronicle of Zuo).

  20. 20.

    “Cheng Gong San Nian” (The 3rd Year of the Duke of Cheng) in Zuo Zhuan (The Chronicle of Zuo).

  21. 21.

    “Cheng Gong Shi San Nian” (The 13th Year of the Duke of Cheng) in Zuo Zhuan (The Chronicle of Zuo).

  22. 22.

    (Germany) Engels, “The Origin of Family, Private Ownership and State” in Ma Ke Si En Ge Si Xuan Ji (The Selected Works of Marx and Engels), Vol. 4, The People’s Publishing House, 1972, p.126.

  23. 23.

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

  24. 24.

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

  25. 25.

    “Zheng Lun” (Correcting Wrong Ideas) in Xun Zi (Xun Zi).

  26. 26.

    Shen Jiaben (Qing Dynasty), “Tang Yu” (Yao and Shun) in “Xing Zhi Zong Kao” (A General Textual Research of the Criminal Systems) in Li Dai Xing Fa Kao (A Textual Research of the Criminal Laws in the Past Dynasties).

  27. 27.

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

  28. 28.

    “Gan Shi” (The Military Order Issued at Gan) in Shang Shu (The Book of Historical Document).

  29. 29.

    “Gan Shi” (The Military Order Issued at Gan) in Shang Shu (The Book of Historical Document).

  30. 30.

    “Tang Shi” (Oath of Tang) in Shang Shu (The Book of Historical Document).

  31. 31.

    “Da Yu Mo” (Da Yu’s Planning Government Affairs) in Shang Shu (The Book of Historical Document).

  32. 32.

    “Jun Chen” (The Monarch and his Subjects) in Guan Zi (The Book of Master Guan).

  33. 33.

    “Qi Chen Qi Zhu” (Seven Ministers and Seven Rulers) in Guan Zi (The Book of Master Guan).

  34. 34.

    “Jun Chen” (The Monarch and his Subjects) in Shang Jun Shu (The Book of Lord Shang).

  35. 35.

    “Wang Zhi” (The Royal Regulations) in Xun Zi (Xun Zi).

  36. 36.

    “Xing Fa” (Criminal Law) in Tong Dian (The General Codes).

  37. 37.

    “Xing E” (Evil Nature) in Xun Zi (Xun Zi).

  38. 38.

    (Germany) Engels, “Lun Zhu Zhai Wen Ti” (On Homestead) in Ma Ke Si En Ge Si Xuan Ji (The Selected Works of Marx and Engels), Vol. 2, The People’s Publishing House, 1972, p. 539.

  39. 39.

    “Ji Bao Jian” (On Treasured Swords) in Yue Jue Shu (Local Chronicles).

  40. 40.

    “Fei Shi” (The Military Order Issued at Fei) in Shang Shu Zheng Yi (The Proper Meaning of the Book of Historical Document), quoted from Shi Ben (The Origin of Genealogy).

  41. 41.

    “Yin Zhu Jie” (Best Wishes for Yin Shang) in Yi Zhou Shu (The History of Zhou Dynasty).

  42. 42.

    “Xiang Gong Si Nian” (The 4th Year of the Duke of Xiang) in Zuo Zhuan (The Chronicle of Zuo).

  43. 43.

    “Xuan Gong San Nian” (The 3rd Year of the Duke of Xuan) in Zuo Zhuan (The Chronicle of Zuo).

  44. 44.

    “Jiao Si Zhi” (The Record of Offering Sacrifice to Heaven and Earth in Suburbs) in Han Shu (The History of Han Dynasty) (Book 1).

  45. 45.

    “Xuan Gong San Nian” (The 3rd Year of the Duke of Xuan) in Zuo Zhuan (The Chronicle of Zuo).

  46. 46.

    Liu Xiang (Han Dynasty), “Quan Mou” (Tactics) in Shuo Yuan (Collection of Stories).

  47. 47.

    “Teng Wen Gong” (The Duke of Teng Wen) in Meng Zi (Mencius) (Book 1).

  48. 48.

    Ma Ke Si En Ge Si Quan Ji (The Complete Works of Marx and Engels), Vol. 1, The People’s Publishing House, 1972, p. 181.

  49. 49.

    Ying Shao (Han Dynasty), Feng Su Tong (Comprehensive Meaning of Customs and Habits).

  50. 50.

    Shang Shu Da Zhuan (Interpretations of Shang Shu).

  51. 51.

    “Jing Ji Zhi” (The Record of Classic Books) in Sui Shu (The History of Sui Dynasty).

  52. 52.

    Yang Xiong (Han Dynasty), “Xian Zhi” (Prophet) in Yang Zi Fa Yan (Essays of Yang Xiong).

  53. 53.

    “Wu Xing Zhang” (The Chatper of Five Penalites) in Xiao Jing (The Classic of Filial Piety).

  54. 54.

    “Gan Shi” (The Military Order Issued at Gan) in Shang Shu (The Book of Historical Document).

  55. 55.

    “Yin Zheng” (Punitive Expedition by Yin) in Shang Shu (The Book of Historical Document).

  56. 56.

    “Xing Fa Zhi” (The Record of the Criminal Law) in Wei Shu (The History of Northern Wei Dynasty).

  57. 57.

    “Lv Xing” (The Penal Code of Lv) in Shang Shu (The Book of Historical Document).

  58. 58.

    Xu Shen (Han Dynasty), Shuo Wen Jie Zi (The Origin of Chinese Characters).

  59. 59.

    Xu Hao (Qing Dynasty), Shuo Wen Jie Zi Zhu Jian (The Annotation of the Origin of Chinese Characters).

  60. 60.

    “Wei Zheng” (Handling Political Affairs) in Lun Yu (The Analects).

  61. 61.

    “Li Shu” (On Rites) in Shi Ji (The Record of the Grand Historian).

  62. 62.

    “Gan Shi” (The Military Order Issued at Gan) in Shang Shu (The Book of Historical Document).

  63. 63.

    “Pan Geng” (one of the rulers of Shang Dynasty) in Shang Shu (The Book of Historical Document) (Book 1).

  64. 64.

    “Duo Shi” (The Ministers) in Shang Shu (The Book of Historical Document).

  65. 65.

    “Xuan Niao” (a god bird like swallow) in “Shang Song” (Ode to Shang) in Shi Jing (Book of Songs).

  66. 66.

    Inscriptions of Da Xu Ding (Great Yu Tripod).

  67. 67.

    “Jiu Gao” (Announcement to Ban Alcohol) in Shang Shu (The Book of Historical Document).

  68. 68.

    “Yin Ben Jin” (The Record of Yin Dynasty) in Shi Ji (The Record of the Grand Historian).

  69. 69.

    “Xian Shi” (Foresight and Sagacity) in Lv Shi Chun Qiu (Spring and Autumn Annals of Master Lv).

  70. 70.

    “Yin Ben Ji” (The Record of Yin Dynasty) in Shi Ji (The Record of the Grand Historian).

  71. 71.

    Zhu Shu Ji Nian (the bomboo Annals).

  72. 72.

    “Xia Ben Ji” (The Record of Xia Dynasty) in Shi Ji (The Record of the Grand Historian).

  73. 73.

    “Yi Xun” (Warnings of Yi Yin in Shang Dynasty) in Shang Shu (The Book of Historical Document).

  74. 74.

    “Tang Shi” (Oath of Tang) in Shang Shu (The Book of Historical Document).

  75. 75.

    “Pan Geng” (one of the rulers of Shang Dynasty) in Shang Shu (The Book of Historical Document) (Book 2).

  76. 76.

    “Pan Geng” (one of the rulers of Shang Dynasty) in Shang Shu (The Book of Historical Document) (Book 2).

  77. 77.

    “Tang Shi” (Oath of Tang) in Shang Shu (The Book of Historical Document).

  78. 78.

    “Nei Chu Shuo” (The Inner Categories of Sayings) in Han Fei Zi (Han Feizi) (Book 1).

  79. 79.

    “Xing Fa Zhi” in Jin Shu (The History of Jin Dynasty).

  80. 80.

    “Nan Er” (Questions) (Part 2) in Han Fei Zi (Han Feizi).

  81. 81.

    “Dang Wu” (Urgent Affairs) in Lv Shi Chun Qiu (Spring and Autumn Annals of Master Lv).

  82. 82.

    “Yin Ben Ji” (The Record of Yin Dynasty) in Shi Ji (The Record of the Grand Historian).

  83. 83.

    “Lu Zhou Gong Shi Jia” (The Aristocratic Family of the Duke of Lu) in Shi Ji (The Record of the Grand Historian) (index interpreted by Ma Rong).

  84. 84.

    “Pan Geng” (one of the rulers of Shang Dynasty) in Shang Shu (The Book of Historical Document).

  85. 85.

    Guo Moruo, “A Study of Characters on Shells and Bones: Interpretation of Peng” in Guo Mo Ruo Quan Ji (The Collected Works of Guo Moruo) (Archaeology), Vol. 1, Science Press, 1962, p. 110.

  86. 86.

    Guo Moruo, “A Study of Characters on Shells and Bones: Interpretation of Peng” in Guo Mo Ruo Quan Ji (The Collected Works of Guo Moruo) (Archaeology), Vol. 1, Science Press, 1962, p. 112.

  87. 87.

    Shu Si Zi Ding (Shu Sizi Tripod).

  88. 88.

    “Duo Fang” (In Many Ways) in Shang Shu (The Book of Historical Document).

  89. 89.

    “Kang Gao” (The Orders of Duke Zhou to Kang Shu) in Shang Shu (The Book of Historical Document).

  90. 90.

    “Zheng Ming” (Rectification of the Name) in Xun Zi (Xun Zi).

  91. 91.

    “Dong Zhong Shu Zhuan” (The Biography of Dong Zhongshu) in Han Shu (The History of Han Dynasty).

  92. 92.

    Yin Qi Yi Cun (Collections of Contracts in Qin Dynasty), p. 850.

  93. 93.

    “Pan Geng” (one of the rulers of Shang Dynasty) in Shang Shu (The Book of Historical Document) (Book 1).

  94. 94.

    Yin Xu Wen Zi Yi Bian (The Second Collection of the Characters of the Ruins of Yin Dynasty), p. 4604.

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  1. China University of Political Science and Law, Beijing, China

    Jinfan Zhang

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Zhang, J. (2020). The Origin of Chinese Legal Civilization: The Legal Systems of the Xia and Shang Dynasties. In: The History of Chinese Legal Civilization. Springer, Singapore. https://doi.org/10.1007/978-981-10-1029-3_1

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  • DOI: https://doi.org/10.1007/978-981-10-1029-3_1

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