Ancient Law:
Liji (Code of Rites) (Western Zhou Dynasty, c.900-771 BCE) became
basis for Confucianism
Life of Confucius (551-479 BCE)
Beginning of debate pitting Confucian emphasis on rites (li)
against Legalist tools of law (fa) and punishment (xing)
; Li includes protection for diplomatic envoys
Qin Lu (Qin Code) by Shang Yang (c. 300 BCE) institutes uniform
rules for social
behavior, attempts impartial rewards and punishments; harsh punishments
based on lianzuo (linked seats) idea of punishing clan members,
friends, and associates, in addition to perpetrators; beginnings of
literati bureaucracy based on meritocracy; a primary "Legalist"
(Fa Jia) code
Qin Dynasty (221-207 BCE)
Qin Shi Huangdi (First Qin Emperor) expands use of Qin Code throughout
China,
creating the first "universal Chinese empire;" Cruel punishments
(including "beheading, cutting in two at the waist, tearing apart
by chariots, and execution preceded by mutilations") in the code
make dynasty too unpopular to survive after the death of Qin Shi Huangdi
Han Dynasty (206 BCE-220 CE)
Maintenance of code form for imperial law with gradual transition towards
Confucian-inspired emphasis on rites and hierarchy; bureaucracy filled
by merit-based tests on Confucian texts; imperial code could be described
as "Imperial Confucianism" based on combination of Legalist
emphasis on codification of laws and Confucian world view
Middle Ages:
Period of disunion (200-589):
Three Kingdoms, Western Jin, Six Dynasties in South, Sixteen Kingdoms
in North, Nan-Bei (South-North) Dynasties, Sui Dynasty
Rise of Confucianism; Xiao Wendi (Emperor of Northern Wei) incorporates
li into
written statutes; Yang Jian establishes Sui Dynasty by observing rites
as claim to be legitimate heir to Han Dynasty
Introduction of Taoism and Buddhism
Tang Dynasty (618-907)
T'ang Code of Perpetual Splendor (624, 653) based on Confucianism;
earliest comprehensive law code and commentary (predecessors include
Code of Cao Wei (220-265), Code of Western Jin (265-317), Sui Code (580),
and original T'ang Code (624)); Code emphasizes rank in society with
different punishments for members of different classes; authority for
code based on human ruler; emphasis on creating balance in society
Yuan Dynasty (1260s- 1350s)
Mongol rule of China; Attempts to mix Mongol and Chinese legal systems |

image from:
www.museumca.org/
goldrush/fever16-di.html
|
Ming Dynasty (1368-1644)
Ming Code based heavily on Tang Code
Women's rights during marriage expanded, gain additional protection
from imprisonment
Emperor undermines Code by issuing contradictory edicts and exceptions
|
Adapted from the following by Hallie Fader, ORIAS,
Berkeley CA July 2004:
*John W. Head, "Codes, Cultures, Chaos,
and Champions: Common Features of Legal Codification Experiences in
China, Europe, and North America," Duke Journal of Comparative
& International Law, Duke University Law School website, <https://www.law.duke.edu/journals/djcil/articles/DJCIL13P1.HTM#H1N2>
*Erica-Irene A. Daes, Status of the Individual
and Contemporary International Law: Promotion, Protection and Restoration
of Human Rights at National, Regional, and International Levels, Human
Rights Series 4, Geneva: Centre for Human Rights, 1989, pp. 15.
*Henry C K Liu, "The Abduction of Modernity:
Rule of Law vs Confucianism," Asia Times Online, www.atimes.com,
2003.