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Seeking for “Ego” —— Tradition and Development Trend of Chinese History of Law

YU Rong-gen

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Abstract

In view of change in the teaching materials of China’s history of thought on law, one can see that the development of this subject has undergone three periods since rejuvenation of law in China’s mainland, i.e. reconstruction period, exploration period and improvement period. Though each period bears its unique characteristics, “seeking for ego” displays itself conspicuously in all three periods. This characteristic is embodied in four aspects: gripping the subject of study; abandoning the writing style mechanically followed in accordance with “five social forms”; getting rid of the method of interpreting Chinese ancient law in light of western legal concepts; and revealing the patterns of evolution of China’s history of thought on law. While studying Chinese history of law, and the history of thought on law, one must center on re-ciphering heritage codes of legal culture, improving positivist study and the study of li (Chinese feudal ethics and rites) and the regime of li, which is a development trend of the study.

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What this paper is about

In view of change in the teaching materials of China’s history of thought on law, one can see that the development of this subject has undergone three periods since rejuvenation of law in China’s mainland, i.e. reconstruction period, exploration period and improvement period. Though each period bears its unique characteristics, “seeking for ego” displays itself conspicuously in all three periods. This characteristic is embodied in four aspects: gripping the subject of study; abandoning the writing style mechanically followed in accordance with “five social forms”; getting rid of the method of interpreting Chinese ancient law in light of western legal concepts; and revealing the patterns of evolution of China’s history of thought on law. While studying Chinese history of law, and the history of thought on law, one must center on re-ciphering heritage codes of legal culture, improving positivist study and the study of li (Chinese feudal ethics and rites) and the regime of li, which is a development trend of the study.

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Available abstract

In view of change in the teaching materials of China’s history of thought on law, one can see that the development of this subject has undergone three periods since rejuvenation of law in China’s mainland, i.e. reconstruction period, exploration period and improvement period. Though each period bears its unique characteristics, “seeking for ego” displays itself conspicuously in all three periods. This characteristic is embodied in four aspects: gripping the subject of study; abandoning the writing style mechanically followed in accordance with “five social forms”; getting rid of the method of interpreting Chinese ancient law in light of western legal concepts; and revealing the patterns of evolution of China’s history of thought on law. While studying Chinese history of law, and the history of thought on law, one must center on re-ciphering heritage codes of legal culture, improving positivist study and the study of li (Chinese feudal ethics and rites) and the regime of li, which is a development trend of the study.

Key concepts: Period (music), Law, Chinese law, Feudalism, Legal history, Subject (documents), China, Mainland China

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