Rule of Law: The Story of Human Rights in World History
2004 ORIAS Summer Teachers' Institute 
July 26-30

Important Dates in the History of Justice:
Timeline of developments in Chinese law from Ancient China through the Ming Dynasty.
[View as: Word document or PDF]

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.

Sponsored by the University of California at Berkeley Office of Resources for International and Area Studies (ORIAS), Institute of East Asian Studies, Center for Latin American Studies, Center for Middle Eastern Studies, Institute of Slavic, East European and Eurasian Studies, Center for South Asia Studies, Center for Southeast Asia Studies, Institute of European Studies. 

Funding is provided by Title VI grants from the United States Department of Education.