"Rational Law and the Chinese".Folio:890mm×1240mm 1/32Sheet:Word Count:230 thousand wordsEdition:September 2023 Edition 1Prints:September 2023 1st printingISBN:isbn 978-7-203-12969-1Pricing:78.00 yuanEditor's note:Writing books and establishing theories is an ideal hidden in the hearts of all academic workers, and if this ideal enthusiasm is ignited, it is possible to give birth to excellent works. The reality is that all kinds of worries obscure ideals. Eventually, we couldn't help but wonder if I could write a good book. Young scholars, in particular, are hesitant to devote themselves to this direction. In fact, all we lack is determination and confidence. Let's take a look at the first book of the famous scholar Mr. Fan Zhongxin, which is also the classic work of Chinese legal history, "The Law of Reason and the Chinese".
"The Law of Reason and the Chinese": The history of learning footsteps- My first book: Fan Zhongxin, I loved to write when I was young, and I always felt that it was great for someone's article to be printed in lead and circulated by everyone. When I was in elementary and middle school, my essays were often read out in class and copied on posters for displaySo much so that when the students heard the teacher say, "Read the sample essay below", they thought that they were going to read out my fan's composition. Because of my good writing, I began to receive "remuneration" or "polishing my pen" as early as when I was in elementary school - some classmates couldn't write essays or reviews, and begged me to help them write;When I finished writing, they always thanked me with my favorite sesame scones (about 5 cents or a dime). In those hungry times, this "moistening pen" was really tempting, and it was difficult for me to refuse to be a "gunman". In the process of being a "gunman", I constantly enjoyed the "pleasure" of writing articles, and occasionally solved the "hunger like a drum", and also exercised my writing ability. This is a good errand with three wins, and I didn't have the consciousness to refuse at that time. When I went to college in 1980, I was still bothered by itchy hands (not technical itches) and kept writing and submitting articles everywhere. First of all, I wrote **, prose, poetry, and essays, except for two essays and a small poem published in the school newspaper, the others were all mud cows into the sea or rejected. Later, I found out that I was not a literary material, and I was itching to write current affairs commentary and academic **. In the four years of college, I can't remember exactly how many comments or ** I wrote, but I kept writing anyway;Although one was not officially published, there was no discouragement and tirelessness. After grad school, I began to shrink my front and write articles on more specific topics, so I wrote legal history every day** and conceived academic monographs. At that time, I always felt that since I was a graduate student and a high-level talent, I had to become a researcher, I had to "write books and speak", and I had to show some knowledge. My research Xi "The Law of Reason and the Chinese" was "concocted" under this background and mentality. Looking back today, it is inevitable that babies are toddlers and stagger. (a).In the autumn of 1984, when I had just turned 25 years old, I was admitted to China Political Science and Law from Southwest China, and studied the history Xi of Chinese legal thought under teachers Zhang Guohua, Yang Hegao, Rao Xinxian, Gao Gao, and Lin Zhong (Zhang and Rao are professors at Peking University, although they are part-time tutors, but they all formally teach one course). In the second year of graduate school, under the guidance of Mr. Yang, I decided to choose "Reflections on the Relationship between Law and Morality in Ancient China" as the graduation topic. At the same time, Mr. Zeng Xianyi, who taught us the history of modern Chinese legal system on a part-time basis, asked me to participate with him in the compilation of the "Survey of the History of Chinese Legal Thought", one of the "Academic Research Guide Series" presided over by Mr. Zhang Youyu. The progress of these two major tasks led to the creation of the book "The Law of Reason and the Chinese". In order to write my master's degree and to write "A Survey of the History of Chinese Legal Thought", I read almost all the works on the history of Chinese political and legal thought from 1905 to 1985. From Liang Qichao's "The History of the Development of Ancient Chinese Jurisprudence", Tao Xisheng's "History of Chinese Political Thought", to Yang Honglie's "History of Chinese Legal Thought", until Zhang Guohua and Mr. Rao Xinxian's "Outline of the History of Chinese Legal Thought", I have read more than 70 kinds of works on the history of Chinese political and legal thought, and more than 150 articles. In the process of reading, I gradually discovered that when ancient Chinese politicians and thinkers talked about law, they almost always talked about legal issues, not legal issuesThe views expressed are almost always superficial, comprehensive, and unquestionable. It is a pity that past works or textbooks on the history of legal thought only paid attention to sorting out and describing the views of ancient Chinese legal thought according to the "head" or "school", and did not summarize the main interests, characteristics, and laws of ancient Chinese legal thought, nor did they conduct an in-depth analysis and interpretation of the seemingly superficial ancient Chinese legal thought. So, my ambition was sharpened, and I simply boldly went beyond the original plan of writing only a master's degree of about 30,000 words, and "went big" in one go, and directly conceived to write a book "Ancient Chinese Legal Philosophy". This book "Ancient Chinese Legal Philosophy" was written in the autumn of 1985 and was largely completed in the summer of 1987. In this manuscript, I systematically collated and analyzed the ideological propositions of 20 basic issues in ancient China, including the definition and essence of law, the origin and form of law, the role and purpose of law, the origin of law, the value of law, the reform of law, the relationship between law and morality, the relationship between law and power, the relationship between law and etiquette, the relationship between virtue and punishment, and the relationship between sages and good law After a preliminary review of the history of legal thought in ancient China, the book is the first time to comprehensively and systematically sort out and explain the "Ideological History of Chinese Jurisprudence". The manuscript of about 200,000 words is still lying in my drawer and has not been published (six of the chapters were later rewritten as part of "The Law of Reason and the Chinese," which is a later story). At first, I was writing the manuscript alone. Later, in 1983, the senior brother Xiang Zicheng Jun handed me his master's degree "On the Legal Thought of the Huang Lao School in the Early Han Dynasty" and authorized me to adapt it appropriately as a part of "Ancient Chinese Legal Philosophy". I quickly completed the task of adapting the book, and turned the manuscript into a "big production" consisting of 15 chapters in four parts, including "Theory on the Internal Problems of Law", "Theory on the External Problems of Law", "Legal Thought on the Huang Lao School", and "Theory on Several Special Issues of Law", with a total number of 250,000 wordsThe author of the book has changed from one person to me and two people. The "daughter" is dressed up and has to get married quickly. Brother Zicheng and I first took the manuscript to his classmate Li Jiang's wife, Ms. Su Xiufang (who works at the Current Affairs Publishing House). At that time, the academic community was in the midst of a "cultural fever", and the Current Affairs Publishing House was organizing a series of "Tradition and Modernity" books, asking us to change the manuscript into an interesting and ideological reading material like Mr. Huang Renyu's "The Fifteenth Year of Wanli": we were unwilling to change it, and we did not have such unbridled writing ability, so we had to give up. Then, we found the China University of Political Science and Law Press, which had just been established for a few months and was still working in a simple shed, and through the introduction of the editor Li Chuankang, who had just joined the company, the manuscript of the book was in the hands of Mr. Fang Xin, the editor-in-chief. After Mr. Fang read it, he was still a little interested at first, and he agreed to include it in the publication plan, and asked me to talk with Zicheng for a long time. But a few days later, we were told that this book could not be publishedFor a newly established publishing house, economic benefits are even more important. Later, Brother He Weifang said that Brother Liang Zhiping was relying on the Shanghai Joint Bookstore to plan a series of cultural history books, and helped me transfer the outline and sample chapters to Brother Zhiping, and strive to be included in the series for publication. Later, I don't know if the book series was canceled or people didn't like our manuscripts, anyway, it was over, and finally all the application materials were returned through Brother Weifang. During this period, I also directly sent the outline of the manuscript to many publishing houses such as China Social Sciences Press and Xuelin Publishing House, hoping that they would "see the pearls", but the result was that there was no news about the mud cows in the sea. In order to find the Austrian aid, I also submitted the outline of the manuscript to Mr. Li Guangcan, Mr. Zhang Guohua, Mr. Zeng Xianyi, and Mr. Bao Zunxin, hoping that they would help write the preface and recommend the publicationExcept for Mr. Zeng Xianyi, none of the other teachers gave a positive reply. It was Mr. Zeng Xianyi who brought the manuscript of this book back to life. Around the beginning of 1988, Mr. Zeng recommended the outline and sample chapter of the manuscript to Xiong Chengqian, deputy editor and responsible editor Liu Zhi of the Chinese Renmin University Press. At first, they agreed to publish it, and they included it in the publication plan and published it in the "New Bibliography of Social Sciences" for subscriptions, but it is said that only more than 1,000 subscriptions were returned, so they could not be published. They said that the leaders of the publishing house agreed that if they sponsored 12,000 yuan or underwrote 3,000 copies, they could consider publishing. Zicheng and I only had a salary of more than 100 yuan a month at that time, so we had to give up. Later, Mr. Zeng Xianyi helped us ask the publishing house for help again, and Xiong and Liu agreed to help us find a way again. They said that if we agreed to make a drastic change and rewrite the book into the popular "popular scholarly rambling" genre in the market at the time, so that the order number reached more than 3,000, we could consider publishing it. (b).This suggestion gave birth to "The Law of Reason and the Chinese", another book based on "Ancient Chinese Legal Philosophy". This new book, written by Fan Zhongxin, Zheng Ding, and Zhan Xuenong, was a "dream combination of law and history" that the students in the Graduate School of China University of Political Science and Law at that time nicknamed the "Three Heroes of Yingshan". In the "Afterword" of "Emotional Law and the Chinese", we recorded a good story that was regarded as legendary at the time: the three of us were born in the same land - Yingshan County, Hubei Province, studied in the same college, the graduate school of China University of Political Science and Law, studied the same major, Chinese legal history, and did not know each other beforehand. At the beginning of entering the school, the teachers and classmates took this as a miracle. Since then, we have vowed to write a book together to document the culmination of our joint research, and to ...... this adventureAt the beginning of our enrollment, we three fellow villagers did want to write a book on legal history together, but we didn't start it for a long time. Now, with the suggestion of the National People's Congress Publishing House, I discussed with Zheng Ding and Zhan Xuenong, and we hit it off and decided to co-write a book on "Popular Academic Talks" on traditional Chinese legal culture. This was about the beginning of 1989, almost two years from the completion of "Ancient Chinese Legal Philosophy" to that time. We have agreed that this new book should describe some basic characteristics of traditional Chinese legal culture (concepts) from three perspectives: the concept of jurisprudence, the concept of criminal law, and the concept of civil law. This framework is just in line with the three of us master's ** topic: my topic is "The Relationship between Law and Morality in Ancient China", Zheng Ding's topic is "The Theory of Criminal Responsibility in Ancient China", and Zhan Xuenong's topic is "The Origin and Rights of Civil Law in Ancient China". Therefore, our book is composed of three parts: "Jurisprudence", "Criminal" and "Civil". Once the policy was set, we split up and wrote it by hand. Based on the manuscript of "Ancient Chinese Legal Philosophy", I took six chapters on "The Concept of Law", "The Role of Law", "The Relationship between Virtue and Punishment", "The Relationship between Ritual and Law", "The Relationship between Law and Morality", and "The Relationship between Sages and Law". Law and Morality" and other 6 chapters (about half of the total length of the book). I searched my intestines and scraped my stomach, almost exhausted the skills of the donkey, but I still felt that the language was dry and boring, and I couldn't make it vivid. Half a year later, Zheng Ding also took out the first draft of the 4 chapters of the "Criminal Chapter", and I did some processing of it. Zhan Xuenong went to a company after graduation, so he really had no time to write, and he did not produce a first draft of the "civil chapter" until the beginning of 1990. Later, because Xuenong really didn't have time, he had to hand over his writing outline (3 pages) and dozens of card materials to meI simply checked dozens of materials by myself and completed 6 chapters of the "Civil Chapter". That's how this book was made. The manuscript was completed in the spring of 1990 and was titled Heavenly Principles, National Law, and Human Feelings: An Exploration of Traditional Chinese Legal Culture. The manuscript was once again handed over to the National People's Congress Publishing House, and Mr. Zeng recommended it again and wrote a preface for us. Zheng Ding worked at the National People's Congress, and sometimes went to the publishing house again and again a month to urge him to be included in the publication plan. Around the summer of 1991, Zheng Ding told me that the publishing house had done a subscription request, but the effect was still not good, and only 2,000 subscriptions came back. Therefore, the publisher asked us to make "popular" and "popular" changes to the book again, and we had to obey the order. In this revision, we even changed the title of the book to "Rational Law and Chinese: An Exploration of Traditional Chinese Legal Culture". After that, the publisher renewed the call for subscriptions. The requisition was carried out in the Capital Book Information Newspaper, with a special focus on the "second channel" and the inclusion of color page advertisements for private book distributors. In order to expand the number of subscriptions, the title of the book was only marked as "Rational Law and Chinese", and the academic subtitle "Exploration of Traditional Chinese Legal Culture" was not marked. The result of this somewhat "deceptive" subscription solicitation greatly encouraged the publishing house, and the number of subscriptions jumped to about 8,000 all of a sudden, which strengthened the publishing house's confidence in publishing. Around the beginning of 1992, this manuscript, which had been pregnant for many years, "childbirth" for 5 years, and "transsexualized" and "plastic surgery" several times, was finally officially completed. Fifteen years later, I have taken the trouble to introduce the bumpy process of writing, reviewing, purchasing, and publishing this book, which is really a topic to play and express my exclamation: the road of several young students' legal history Xi to publish also confirms to some extent the hardships of academic research. It's a shame that we didn't stick to publishing in the style of a purely academic work. At that time, several publishing houses clearly told us that publishing purely academic books was either written by famous scholars, or could pay large sponsorship fees, or it was a topic that was shocking and unpopular to fill in the gaps in history, and none of us were any of the three. As a matter of fact, even this so-called "academic essay" that has been repeatedly "transgendered" and "facelifted" would have been dead if it had not been repeatedly recommended by Zeng XianyiIf Zheng Ding hadn't repeatedly gone to the National People's Congress Publishing House to keep an eye on it, it would have been thrown into the garbage heap a long time agoIf it weren't for the large order that was requisitioned back from the "second channel", it would be dead. Of course, more importantly, if it were not for the support of a strong vanity of "writing books and sayings", we would not have been able to hold out for so long, and we might have given up after two or three encounters. "Reason, Law and Chinese" was officially published in July 1992. When I got the sample book, it was when I went through the formalities of transferring from Beijing to Suzhou. The first print run of this book was 11,000 copies, which is a considerable number of copies, and our three authors received a total of more than 4,500 yuan in remuneration. Later, I heard that the total print run should be more than 20,000 after two or three reprints, but we didn't get any more money for printing the manuscript. For us, we weren't asked for sponsorship money, which is already a blessing. (c).The series of attention that the book received after its publication was unexpected by us. In the autumn of 1994, the book was recommended by the Renmin University Press to participate in the selection of a spiritual civilization book award in Beijing, and it is said that it won the award, but the details are unknown. In the summer of 1994, the book was applied for the Outstanding Achievement Award of Humanities and Social Sciences in Jiangsu Province. Professor Yang Haikun, who attended the review on behalf of Soochow University, argued that the book was awarded the second prize among hundreds of entries. In the spring of 1995, the book was selected by the National People's Congress Publishing House to participate in the 7th National "Golden Key" Book Award, and was one of the several books nominated by the society at that time. Although there is no official award, the honor of "nomination" is enough to "pass the award". In the autumn of 1995, when the book participated in the Beijing International Book Fair, it was selected by South Korea's Yichaoge Publishing Company. The company immediately signed an agreement with Renmin University Press to translate and publish the Korean version, and entrusted Mr. Lee In-chul, a lecturer at Hanyang University in South Korea, who was studying at Peking University at the time, to be the translator. In the summer of 1996, the Korean version of "Reason, Law and Chinese" was officially published, and the Renmin University Publishing House gave us more than $400 in foreign language copyright transfer fees for the three authors. Without consulting us, the Korean version was renamed "Chinese Legal Culture**: Rational Law and the Chinese," but it was more of a serious academic work. In particular, we noticed that they removed the word "traditional" from the original book's subtitle, which of course was also intended to expand the readership and circulation. Later, my classmate, Dr. Lee Jeong-pyo (now a professor at the International Graduate School and Law School of Pusan University in South Korea), told me that the book had been listed as a "reference book for teaching Chinese law" by more than a dozen universities in South Korea, which probably had something to do with the removal of the word "traditional" from the title. In the autumn of 1998, the book was applied for the 3rd National Humanities and Social Science Research Achievement Award for Ordinary Universities. Although he only won the third prize, he was lucky to stand out among thousands of entries across the country, and finally became one of the more than 20 award-winning achievements. This book, a research Xi for three novices in legal history, is a testimony to our toddlers. Years of creative labor, reading hundreds of monographs**, making thousands of information cards, copying two or three kilograms of manuscripts, this is nothing;But the five-year process of repeated "sex reassignment" and "plastic surgery" to please people did make us appreciate the hardships of academic career for the first time. The book was finally published, and we have to admit that it benefited from the continuous "transsexuality" and "plastic surgery". But we can't help but admit that this book is not highly academic, and it is also related to the constant "transgender" and "plastic surgery". It is indeed surprising that this booklet, which is not very academic, has received so much attention and honor. We have never considered the award to be an affirmation of the scholarly achievements of this book, at most we think of two things: first, it is an affirmation of our spirit of perseverance and perseverance in the history of footsteps;Second, we are self-aware that a naïve academic award system may lead to the selection of naïve works. (iv).It has been 15 years since the book was published. Over the past 15 years, the attention given to her by her peers and the love given to her by her juniors have greatly exceeded her own quality and value. Over the years, we have heard law students talk about her on many occasions, saying that it is one of the best primers to guide them to love the knowledge of traditional Chinese legal culture. Students who apply for graduate studies in legal history also use her as one of the important reference books for exams, so much so that there are two underground bookstores in Beijing that specialize in copying ** this book (my students have mail-ordered a few copies), and I don't bother to argue with them about infringement. When I visited the libraries of various universities, I saw that this book was thicker, darker, and fluffier than other books published at the same time, and we were still somewhat proud, indicating that she had been read by many students. I have seen this book in the libraries of Saarland University in Germany, Athens University in Greece, Pisa University in Italy, Taiwan University, and University of Hong Kong. In the autumn of 2000, I attended an international conference on jurisprudence in Shanghai, and in the autumn of 2005 I attended an international symposium on "Chinese Culture and the Rule of Law" in Kaifeng. As soon as they asked me my name, they said, "I've read your book in Korea for a long time, so I've known you for a long time!""In 2003, Dr. Christine Chaigne, a professor at the University of Aix-Marseille III in France, found out that I was working in Wuhan, and asked Li Zhongxing, a teacher from the School of International Student Education of Wuhan University, to ask me to buy the book. In October 2005, at the International Symposium on "Chinese Culture and the Rule of Law" in Kaifeng, a female Western professor sat next to me and asked me if I knew Professor Fan Zhongxin when she heard that I was from Wuhan. It turns out that the earth is so small, and this lady is Dr. Shi Manci, who asked for books back then!In view of the book's subsequent effect and influence, Mr. Liu Zhi, the editor in charge at the time and now the deputy editor-in-chief of the National People's Congress Publishing House, expressed his hope that we would make some revisions to the book and include it in the "Humanities Series" of the National People's Congress for reprinting. At first, I agreed, but then I was so busy with teaching, research, and discipline construction that I didn't have time to write and revise!The road of law history for young children, toddlers, stumbling, stumbling, "Rational Law and Chinese" is the best witness. That's probably the point of writing this little article today. On October 1, 2007, he was held in Wuchang Nanhu Sanzu Zhai
IntroductionThere is no doubt that ancient Chinese legal culture is the common property of all mankind and a major contribution of the Chinese nation to the history of world civilization, and we should cherish this cultural heritage. This book is divided into three parts: jurisprudence, criminal and civil, which shows the characteristics of China's traditional legal concepts from macro to micro levels, and systematically sorts out the core of traditional Chinese legal concepts for the first time, that is, the formation and development of the concept of the trinity of heavenly principles, national law and human feelings, as well as its various internal logics, which is groundbreaking. In addition, combined with the remarks of the ancients and ancient judicial cases, the advantages and disadvantages of the Chinese legal system are comprehensively analyzed, and the discussion is vivid and in-depth. 
About the AuthorFan ZhongxinBorn in 1959, he is a native of Yingshan, Hubei. He studied at Southwest Political Science and Law, China Political Science and Law, and Chinese People's University, and obtained bachelor's, master's, and doctoral degrees in law. He used to be the director of the scientific research department of Zhongnan University of Economics and Law, the dean of the Institute of Law and Culture, and the director of the Research Center for the Sinicization of the Rule of Law of Hangzhou Normal University. He was elected as the executive chairman of the Chinese Legal History Society, and is now the vice chairman of the Chinese Legal Thought History Professional Committee. He has been awarded the title of "National Outstanding Teacher", and has been selected as "** Special Allowance Expert", "New Century Outstanding Talent of the Ministry of Education" and "Contemporary Chinese Legal Scholar". He is the author of "The Basic Spirit of Chinese Legal Tradition" and "The Secret Combination and Difference between Chinese and Western French Cultures". Zheng Ding, born in 1963, from Yingshan, Hubei. He studied at China University of Political Science and Law and Chinese People's University, and obtained bachelor's, master's and doctoral degrees in law. He has been teaching at Chinese University since 1986 and was promoted to professor in 1997. He used to be the vice president of the Faculty of Law and the deputy editor-in-chief of the journal Jurist. He was elected as the executive chairman of the Chinese Legal History Society, and was selected as the "** Special Allowance Expert" and "New Century Outstanding Talent of the Ministry of Education". He is the author of "A Survey of China's Legal History" and "Taiwan's Economic Development and Legal Adjustment". He died in October 2007. Zhan Xuenong,Born in 1959, he is a native of Yingshan, Hubei. He studied at Wuhan University and China University of Political Science and Law and obtained a bachelor's degree in history and a master's degree in law. He has successively worked in Zhengzhou University, the Ministry of Civil Affairs of the People's Republic of China, China Xinxing Group, and China Songhai Industrial Corporation. Participated in the compilation of books such as "Construction of Township Power in China" and "Disaster Management", and published dozens of articles. 
Editor's Choice
This book is a classic work in the field of Chinese legal history. So far, it has been reprinted twice and exported to South Korea and Hong Kong. Regrettably, the book has been out of print for so long that many readers can only make copies and read it. This time, we have revised the book and added the recent research results of Professor Fan Zhongxin for the benefit of readers. 
Readers' comments
As an important part of ancient Chinese culture, China's legal system has also continued to develop along with the evolution of ancient China's politics, economy and culture, forming its own unique style and creating a glorious history. ......The book "Emotional Law and the Chinese" co-authored by Fan Zhongxin, Zheng Ding, and Zhan Xuenongjun is a good book that preliminarily expounds and analyzes this basic characteristic, and is a work of considerable innovation and academic value.
Zeng Xianyi. Compared with the rigid system, culture has a stronger vitality, and the ...... between traditional legal culture and modern legal culture is not so easy to cut offWhat is the essence of traditional legal culture?It is this question that "The Law of Reason and the Chinese" focuses on.
Bi Weiming. In ancient society, what is the law, what is the purpose of the law, and how the law should be applied, these questions can be found in Mr. Fan's book "The Law of Reason and the Chinese", and all the answers reflect the three-in-one legal concept of "human feelings, heavenly reason, and national law".
Li Rui. The three young people made a big topic - "The Law of Reason, Law and the Chinese", and based on their academic foundation at that time, they made a valuable exploration of the relationship between emotion, reason and law in ancient China.
Huo Cunfu. The systematic formulation of the problem of "Rational Law" began with the first edition of "Rational Law and the Chinese" by Mr. Fan Zhongxin and others in 1992. This book is not without insight, pointing out that the Chinese concept of land law is a complex and pluralistic conceptual system. The ideal law in the minds of the Chinese is the trinity of "heavenly reason", "national law" and "human feelings".
Huang Donghai. This book carries the story of two generations of legal historians.
Luo Xin, Yi Jiangbo.
Professor Fan Zhongxin paid more attention to the concept of rational law, and the earliest book that made the concept of rational law concentrated in the public eye was the book "Rational Law and the Chinese".
Yang Qiusheng. When I read this book, it was like traveling through thousands of years, where countless ideas collided and sparked brilliant sparks, and I was deeply inspired. After reading it, I deeply felt that the ideological imprint drawn by the sky of history and the ancient prescriptions left by the ideological giants may not be able to cure the disease in terms of today's problems, but they are the ideological foundation for us to answer our doubts and questionsIt is like the key to understanding the construction of the rule of law today and the early warning device to avoid occupational risks, which not only enables us to thoroughly understand the environment and purpose of the rule of law, but also allows us to avoid the hidden dangers caused by some old thinking patterns, so as to use them in the inadvertent places of daily work.
Zhang Shuqin. 
Table of Contents
Law Chapter 1 The Trinity of Heavenly Principles, National Law, and Human Feelings: The Concept of Law 003
Reason: Let's start with "crossing" 003
The law is reward and punishment 005
The Law of the State and the Law of the King 009 Law and Heavenly Reason 011 "The Law is Nothing More Than Human Feelings" 016 Balance between Reason and Law 021 "Reason" and "Human Feelings" 024 Chapter 2 Parents' Cane: The Role of Law 025 Divide and Stop Disputes 026 Rules, Rope and Ink, Trade-offs 030 Driving People to Good 033 Rise and Fall 036 Unified Brain, Equal Intelligence 039 The Difference Between Managing People and Managing Matters 043 Chapter 3 The Priest and the Executioner: "Virtue" and "Punishment" 047 "Enlightenment" and "Punishment": A Common "Code of Law" 049" The Difference between the "Technical Law" 051 The Reason for the Difference 053 Chapter 4 "Indecent Manners Are Impossible to Do": "Li" and "Law" 057 "Li" and "Law": Each Has Two Meanings 059 "Li" is the Law 060 "Li" is not necessarily the "Law" that leads to punishment 063 Chapter 5 The Weight of Conscience and Consequence: Law and Morality 067 From Miss Zhao E 067 The Problem of the Relationship between Rites and Law 069 Legislation Should Be Moral 070 What Kind of Morality Should the Law Be Consistent with 072 Justice: Submit the Law to Full Morality 076 Justice: Rather Qu Morality than the Law 081 Chapter 6 "There is no rule for the man": The Sage and the Law 084 "The gentleman is the origin of the law" 084 The absolute value of the law is lower than that of the sage 090
Criminal Chapter VII Filial Piety and Criminal Law (I): Practicing Filial Piety in Violation of the Law, a Gentleman Is Not Punished 097
The Great Filial Son who connived at crime 097
From Xu Yuanqing to Shi Jianqiao: Anti-French Revenge 099
Filial piety cannot be punished, and a gentleman must not be humiliated 101 Fear of the law and do not take revenge, a gentleman despises 106 Restrictions and Prohibitions on Revenge 107 The son is hidden from the father, and it is also filial piety 110 Chapter 8 Filial Piety and Criminal Law (II): The Crime of Unfilial Piety is Punished Without Forgiveness 116 "Unfilial piety" is the first evil 116 Peace with the Enemy 119 "Committing Righteousness" 122 "Offering Money" 123 "Otherworldly Wealth" 125 "The Appointed Officer" 126 "Falsely claiming the death of a father or grandfather" 129 "Crying for Help" 130 "Concealment of Mourning" 131" 132 Marrying when Father and Ancestor Were Imprisoned 135 Committing Father's and Ancestor's Name 136 Violation of the Fatwa 137 Chapter IX Obedience and Punishment: The Crime of Quasi-Five Obedience 142 The "Pattern of Poor Order" in Kinship 142 Sentencing for Crimes Formulated by Submission 147 Relatives Killing and Injuring 150 Relatives Fighting and Scolding 153 Relatives Committing Adultery 155 Relatives Stealing 156 Chapter 10 "Benevolent Government" and Justice: "The Punishment of the Benevolent" 158 "Those Who Are Good Will Be Exempted" 158 Preservation of Relatives and Inheritance 161 Caring for the Old and the Young 165 Autumn and Winter Executions 166
The People Chapter 11 "No Lawsuit": An Eternal Dream 171 The Revelation of the Double-Sided Pottery 171 No Litigation Is the Heavenly World 173 Thousands of Years of the Chinese Dream 178 Chapter 12 "Cheap Lawsuits": An Evaluation of Waste Food Due to Choking 184 Reasons for Litigation 184 "Litigation" in the Eyes of the Ancients 187 Litigation and "Face" and "Prestige" 191 The Interesting Logic of Evil Litigation 193 Litigation and Political Achievements 197 "The Doctrine of Prohibition of Litigation" 200 Chapter 13 "Ending Litigation": Responding to Changes with Unchanged 202 Moral Influence to Eliminate the Source of Litigation 202 Multi-party mediation to dispel litigation intentions 208 Punish litigants as an example 213 The Principle of "Fifty Boards for Each Fight" 216 Adapting to Change 218 Chapter 14 "Defense": "There is no right or wrong before the name" 220 "Name" and "Points" 221 Rights and Obligations Born from Title 224 "There is no right or wrong before the name" 231 Chapter 15 "Litigation Matters" (I): Ethical Relations Over Property Relations 235 The ancients also had a concept of ownership 236 Ethical Relations Prioritize Property Relations 238 "Wealth and Food" 242" 245 Discretionary Debt Repayment 247 Chapter 16 "Litigation" (II): Balance between Feelings, Reason, and Law 252 Plurality of Laws, Ethics 252 Litigation According to "Rites" 257 Litigation According to "Human Feelings" 258 Litigation According to "Reason" 260 Laws of the King, Family and Others 261 Postscript to the Original Edition 263
Appendix "The Law of Reason and the Chinese": The History of Toddler 267 2010 Edition Revision Note 278
The Modernity Value of Traditional Chinese Legal Culture and Its Inheritance 282
I. What is the Modernity of Traditional Legal Culture 282 II. The Modernity Value of Traditional Chinese Legal Culture 287 III. The Key to the Construction of the Value Inheritance System of Traditional Legal Wisdom 297 Conclusion 300