This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
Chang, Kwang-chih. 1986. Six Lectures in Archaeology. 14. Bei**g: Wenwu Press. In general, we are not unfamiliar with this kind of theory. As early as the late nineteenth century, when Engels researched the history of Athens and Rome state’s growth, he specially emphasized the significance of various factors, including the rise of iron tools, especially iron-made farming tools, the division of residents not according to kinship group but geography, as well as the opposed relationship of urban and rural areas. See Engels, Friedrich. 1972. The Origin of the Family, Private Property and the State. In Collected Works of Marx and Engels Volume 4. Ed. Central Compilation and Translation Bureau. Bei**g: People’s Publishing House.
- 2.
Chang, Kwang-chih. 1986. Six Lectures in Archaeology. 23. Bei**g: Wenwu Press.
- 3.
See Chang, Kwang-chih. 1986. Six Lectures in Archaeology. 110–132. Bei**g: Wenwu Press; Chang, Kwang-chih. 1983. Chapter 1–5. In Chinese Bronze Age. 1–121. Bei**g: Sanlian Press.
- 4.
Chang, Kwang-chih. 1983. Chinese Bronze Age. 26. Bei**g: Sanlian Press.
- 5.
Chang, Kwang-chih. 1983. Chinese Bronze Age. 11. Bei**g: Sanlian Press. This kind of view has been supported by solid proof. See Chen, Mengjia. 1956. Summary of Oracle Inscriptions in Yin’s Ruins. 542 & 549. Bei**g: Science Press; Institute of Archaeology, Chinese Academy of Sciences. 1961. Archaeological Gain in New China. 46–47 & 52–53. Bei**g: Wenwu Press; Shang Zhou Team at Archaeology Teaching and Research Section in Peking University Department of History. 1979. Archaeology of Shang and Zhou. 39 & 167. Bei**g: Wenwu Press; Ma, Chengyuan. 1982. Chinese Ancient Bronze. 12–28. Shanghai: Shanghai People’s Publishing House. The book cited after that emphasized the use of bronze agricultural tools at that period, and argued that there were more bronze agricultural tools used at that time than bronze agricultural tools that could be found today. The issue is that the justification for the speculation is insufficient. The widespread use of agricultural tools, including stone, bone, wood, mussel, horn in Chinese Bronze Age, is still a reality, and there are significant historical and cultural reasons behind this phenomenon. This will be further discussed in the later part.
- 6.
Chang, Kwang-chih. 1983. Chinese Bronze Age. 54. Bei**g: Sanlian Press.
- 7.
The specific form of ancient Chinese civilization involved in here is a complicated and significant question, and it is critical for us to understand ancient Chinese civilization’s features. Chang Kwang-chih has a fantastic argument on this question, and we may summarize his points as follows: Shamanic civilization can be used to describe ancient Chinese culture, and one of its most distinguishing features is that it divided the world into several layers, with wizard in charge of communication within that. At the beginning, with the assistance of witchcraft, animal, and various religious instruments, anybody could encounter god; however, when society had progressed to a certain level, a few people monopolized the means of accessing heaven and earth. It has paramount important significance in the developmental history of ancient Chinese civilization. “The monopoly of various means of accessing heaven and earth, including the monopoly of supplies, arts, ritual artifacts. in ancient rituals, was an important basis for acquiring and occupying political power in ancient China, as well as a requirement for the monopoly of wealth and resources”. (See Chang, Kwang-chih. 1986. Six Lectures in Archaeology. 11. Bei**g: Wenwu Press.) This was precisely the opportunity that propelled the emergence of ancient Chinese civilization. Also see Chang, Kwang-chih. 1990. Discussing the Origin of Civilization and State from Shang and Zhou’s Bronze. In Chinese Bronze Age (Second Series). 115–130. Bei**g: Sanlian Press.
- 8.
Kinney, Anne & The University of Virginia. 2003. Traditions of Exemplary Women. http://www2.iath.virginia.edu/exist/cocoon/xwomen/texts/chunqiu/d2.13/1/0/bilingual. Accessed 16 Jul 2021.
- 9.
Because of this kind of unique social function, bronze ritual vessel maintained a high social status in Shang and Zhou civilizations and pervaded all realms of country life at that time. The content of extant bronze inscriptions from the Western Zhou dynasty contained numerous royal events, such as enfeoffing feudal princes, paying homage and tribute to royal family, participating in sacrificial ceremony, feasting, hunting, conquering foreign states, victory and record of merit, honour of hereditary official position, family’s sacrifice, marriage, and even exchange as well as litigation. See Ma, Chengyuan. 1982. Chinese Ancient Bronze. 18–28. Shanghai: Shanghai People’s Publishing House; Institute of Archaeology, Chinese Academy of Social Sciences. 1984. Archaeological Discovery and Research in New China. 264–270. Wenwu Press.
- 10.
Chang, Kwang-chih. 1983. Chinese Bronze Age. 18. Bei**g: Sanlian Press.
- 11.
Chang, Kwang-chih. 1983. Chinese Bronze Age. 110. Bei**g: Sanlian Press.
- 12.
Throughout the Chinese Bronze Age and earlier, wars were all fought between clan organizations without exception. It was not beyond the rise and fall of one family and one family name to change the **. 1986. Preface by Yang, **. 1986. Chapter 5: System on Gift for Appointment and Costume. In Research on System of Gift for Appointment in the West Zhou Dynasty. 220–304. Shanghai: Academia Press.
- 22.
The authenticity of Zhou Li has been disputed throughout history. In addition to the view that the Duke of Zhou was the author of Zhou Li, there were also views that Zhou Li had been forged by **. 1986. Research on System of Gift for Appointment in the West Zhou Dynasty. Shanghai: Academia Press. Therefore, regardless of who authored the book of Zhou Guan, it is generally reliable to view it as a literature document of the Western Zhou dynasty.
- 23.
Legge, James. 2019. Translation of Ba Yi. In Chinese Text Project. Ed. Donald Sturgeon. https://ctext.org/analects/ba-yi/ens. Accessed 16 Jul 2021.
- 24.
“When King Yi of Zhou walked down to the hall to welcome feudal princes, he lost his dignity as emperor, and it marked the beginning of deterioration and weakness. From then on, the feudal princes feasted on the emperor’s music and cuisine, used white cows for sacrifice, played in big jade stone, decorated vermilion shield with gold, and danced Da Wu wearing crown. Inside a scholar-official’s palace, there were buildings on the elevated platforms located in both sides of the entrance; there were screens on the doorway. That scholar-official used a tiny table that was used exclusively by emperor and feudal princes where drink glasses could be placed, dressed in red silk underwear with embroidered collar, and used engraved basketry and vermilion crest band. This demonstrated how a scholar-official who was unqualified to administer prince’s rites did so. ‘That person’s clothing is not appropriate with his rank’. Book of Poetry · Cao Feng sarcastically said, revealing sadness about the phenomena that destroyed rites. The Book of Changes sarcastically said, ‘Because the poor, who should have been carrying belongings on shoulder, was sitting in a carriage, burglars were tempted’. It about a story that robbers wanted to take a lowly man’s belongings who rode in a gentleman’s carriage. The rites system had been in chaos since then, and wars had erupted everywhere; there were no rules to obey throughout society, and feudal princes and vassals were nothing but small materials, such as square woods on beams and short beams above pillars. Later in the Warring States period, the issue of unqualified clothes became more serious; and rites books were destroyed, which was presumably because there were phrases in rites books that were unfavourable to themselves. People competed to make magnificent and unusual cloths, decorate carriages and horses, wear woollen items and jade jewelleries with beautiful patterns, and use horse bridle made of ivory and horse saddle made of gold, and to be proud of their wealth.…” (Fan, Ye. 1973. Hou Han Shu Zhi No. 29 Yu Fu Shang. In Hou Han Shu Volume 12. 3640–3641. Bei**g: Bei**g: Zhonghua Book Company.
- 25.
Legge, James. 2019. Translation of Announcement to the Prince of Kang. In Chinese Text Project. Ed. Donald Sturgeon. https://ctext.org/shang-shu/announcement-to-the-prince-of-kang/ens. Accessed 15 Jul 2021.
- 26.
Wang, Guowei. 1959. The System of Yin and Zhou. In Guan Tang Ji Lin 2, 477. Bei**g: Zhonghua Book Company. Hou Wailu viewed ritual artifacts as “a written law for dictatorship by clan and nobility in the Zhou dynasty” (emphasis marks appeared in the original text) since he intended to convey this idea as well. Hou, Wailu, Zhao, Jibin, and Du, Guoxiang. 1980. General History of Chinese Thoughts Volume 1. 15. Bei**g: People’s Publishing House.
- 27.
Plato. 1999. Euthyphro. In Defense of Socrates; Euthyphro; Crito. Trans. Gallop, David. 5–6. Oxford: Oxford University Press. The emphasis marks are added by the quoting person. If there is no special explanation below, the emphasis marks of the quotation are all added by the quoting person.
- 28.
Plato. 1999. Euthyphro. In Defense of Socrates; Euthyphro; Crito. Trans. Gallop, David. 7–8. Oxford: Oxford University Press.
- 29.
Aquinas, Thomas. 1954. Aquinas Selected Political Writings. Ed. A. P. d’Entrèves. Trans. J. G. Dawson. 177. Oxford: Basil Blackwell.
- 30.
It was impossible for Christianity, and even Protestantism, to be thorough on this issue, and this revolution could be completed only in contemporary secular society. However, historically speaking, the distinction between soul and body was significant.
- 31.
Hou, Wailu, Zhao, Jibin, and Du, Guoxiang. 1980. General History of Chinese Thoughts Volume 1. 82. Bei**g: People’s Publishing House.
- 32.
Chang, Kwang-chih. 1983. Chinese Bronze Age. 306. Bei**g: Sanlian Press.
- 33.
Hou, Wailu, Zhao, Jibin, and Du, Guoxiang. 1980. General History of Chinese Thoughts Volume 1. 92. Bei**g: People’s Publishing House; also see Chang, Kwang-chih. 1983. Chinese Bronze Age. 306–307. Bei**g: Sanlian Press.
- 34.
1995. Ji Tong No. 25. In Li Ji, ed. Long, Hanchen et al., 332. Bei**g: Bei**g Yanshan Press.
- 35.
Wang, Guowei. 1959. The System of Yin and Zhou. In Guan Tang Ji Lin 2, 454. Bei**g: Zhonghua Book Company.
- 36.
The frequent occurrence of “vengeance” in Chinese legal history exemplifies the unique link that exists between “family” and “state”. See Liang, Zhi**. 2004. “Revenge” Obsession. In The Spirit of Law and Human Relationship, 67–76. Bei**g: China Legal Publishing House.
- 37.
Chun Qiu Fan Lu · Fu Zhi. “According to Tang’s order, for those who have not been given the title of scholar, their carriage cannot be painted in vermilion and cannot be equipped with unauthorized crosspiece; they cannot ride carriage decorated by leather exclusively for scholar, and their carriage cannot be driven by two horses side by side; they cannot dress in silk fabrics or clothes with gorgeous embroidery; they can do so after being given the title so that they follow the morality”. (Wang, Yingqi. 1782. Di Wang Ji. In Emperor’s Four Treasuries: Department of Zi, Chapter of Yu Hai, No. 65, ed. Ji, Yun, et al. 4. Bei**g: Government of the Qing Dynasty.) This was Yin Shang dynasty’s system, yet the Zhou dynasty’s system in this regard was, needless to say, complicated and dense.
- 38.
**n Shu · Fu Yi, quoted from a secondary source: Qu, Tongzu. 1981. Chinese Law and Chinese Society. 137. Bei**g: Zhonghua Book Company. Qu had a great discussion about this topic. It should be noted that, though not all parts of rites had full legal effect, and the degree of legal protection they received differed due to the difference in time period, yet, first, the tradition of wealth-nobility’s integration existed throughout ancient society in general, and second, their influence and significance on society extend beyond legal protection.
- 39.
Gu, Zhun. 1982. Greek City-State System. 142. Bei**g: China Social Sciences Press.
- 40.
Legge, James. 2019. Translation of Bei Shan. In Chinese Text Project. Ed. Donald Sturgeon. https://ctext.org/book-of-poetry/decade-of-bei-shan. Accessed 16 Jul 2021.
- 41.
Legge, James. 2019. Translation of Bei Shan. In Chinese Text Project. Ed. Donald Sturgeon. https://ctext.org/book-of-poetry/decade-of-bei-shan. Accessed 16 Jul 2021.
- 42.
See Li, Yunhe. 1985. Huaxia Artistic Conception. 377. Bei**g: China Architecture & Building Press.
- 43.
See Li, Yunhe. 1985. Huaxia Artistic Conception. 377. Bei**g: China Architecture & Building Press. Also see translator’s note at: Aristotle. Politics. Trans. Wu Shoupeng. 110. Bei**g: The Commercial Press.
- 44.
Yunhe. 1985. Huaxia Artistic Conception. 378. Bei**g: China Architecture & Building Press.
- 45.
In Zhou dynasty, the rites system encompassed city’s size, city wall’s length and height, palace’s layout and size, etc. “At that time, the content and style of capital city and palace, as well as the housing standard of feudal prince and scholar-official, were all created as a sort of fundamental state system; as a result, rites were related to architecture. An architectural system was also a political system”. (See Li, Yunhe. 1985. Huaxia Artistic Conception. 40. Bei**g: China Architecture & Building Press.) Later generations have always carried on this tradition. In “Six Codes of Tang” and “Institutional History of Tang”, for example, we can find highly systematic rules in this regard. This is also an important part of the ancient tradition of wealth-nobility’s integration.
- 46.
Hou, Wailu, Zhao, Jibin, and Du, Guoxiang. 1980. General History of Chinese Thoughts Volume 1. 13. Bei**g: People’s Publishing House.
- 47.
Needham, Joseph. 1986. Collected Papers of Joseph Needham, ed. Pan, Jixing et al. 61. Shenyang: Liaoning Science and Technology Publishing House.
- 48.
See Hou, Wailu, Zhao, Jibin, and Du, Guoxiang. 1980. Chapter 1, Sect. 1. In General History of Chinese Thoughts Volume 1. 3–16. Bei**g: People’s Publishing House. In fact, the unity of the family-state itself exemplified the feature of “the interwoven old and new things”, which was a general feature of ancient Chinese civilization’s evolution (not just the early civilization of the Bronze Age).
References
1995. Li Ji, ed. Long, Hanchen et al.. Bei**g: Bei**g Yanshan Press.
Aquinas, Thomas. 1954. Aquinas Selected Political Writings, ed. A. P. d’Entrèves. Translated by J. G. Dawson. Oxford: Basil Blackwell.
Aristotle. Politics. Trans. Wu Shoupeng. Bei**g: The Commercial Press.
Chang, Kwang-chih. 1986. Six Lectures in Archaeology. Bei**g: Wenwu Press.
Chang, Kwang-chih. 1983. Chinese Bronze Age. Bei**g: Sanlian Press.
Chang, Kwang-chih. 1990. Chinese Bronze Age (Second Series). Bei**g: Sanlian Press.
Chen, Han**. 1986. Research on System of Gift for Appointment in the West Zhou Dynasty. Shanghai: Academia Press.
Chen, Mengjia. 1956. Summary of Oracle Inscriptions in Yin’s Ruins. Bei**g: Science Press.
Engels, Friedrich. 1972. Collected Works of Marx and Engels, vol. 4, ed. Central Compilation and Translation Bureau. Bei**g: People’s Publishing House.
Fan, Ye. 1973. Hou Han Shu, vol. 12. Bei**g: Zhonghua Book Company.
Gu, Zhun. 1982. Greek City-State System. Bei**g: China Social Sciences Press.
Maine, Henry Summer. 1908. Ancient Law: Its Connection with the Early History of Society and Its Relation to Modern Ideas. London: John Murray.
Hou, Wailu, Zhao, Jibin, and Du, Guoxiang. 1980. Chapter 1, Section 1. In General History of Chinese Thoughts, vol. 1. Bei**g: People’s Publishing House.
Institute of Archaeology, Chinese Academy of Sciences. 1961. Archaeological Gain in New China. Bei**g: Wenwu Press.
Institute of Archaeology, Chinese Academy of Social Sciences. 1984. Archaeological Discovery and Research in New China. Wenwu Press.
Kinney, Anne and The University of Virginia. 2003. Traditions of Exemplary Women. http://www2.iath.virginia.edu/exist/cocoon/xwomen/texts/chunqiu/d2.13/1/0/bilingual. Accessed 16 Jul 2021.
Legge, James. 2019. Translation of Announcement to the Prince of Kang. In Chinese Text Project, ed. Donald Sturgeon. https://ctext.org/shang-shu/announcement-to-the-prince-of-kang/ens. Accessed 15 Jul 2021.
Legge, James. 2019. Translation of Ba Yi. In Chinese Text Project, ed. Donald Sturgeon. https://ctext.org/analects/ba-yi/ens. Accessed 16 Jul 2021.
Legge, James. 2019. Translation of Bei Shan. In Chinese Text Project, ed. Donald Sturgeon. https://ctext.org/book-of-poetry/decade-of-bei-shan. Accessed 16 Jul 2021.
Legge, James. 2019. Translation of Li Qi. In Chinese Text Project, ed. Donald Sturgeon. https://ctext.org/liji/li-qi/ens. Accessed 16 Jul 2021.
Li, Yunhe. 1985. Huaxia Artistic Conception. Bei**g: China Architecture & Building Press.
Liang, Zhi**. 2004. The Spirit of Law and Human Relationship. Bei**g: China Legal Publishing House.
Lü, Simian. 1985. History of Chinese System. Shanghai: Shanghai Educational Publishing House.
Ma, Chengyuan. 1982. Chinese Ancient Bronze. Shanghai: Shanghai People’s Publishing House.
Needham, Joseph. 1986. Collected Papers of Joseph Needham, ed. Pan, Jixing et al. Shenyang: Liaoning Science and Technology Publishing House.
Plato. 1999. Defense of Socrates; Euthyphro; Crito. Trans. Gallop, David. Oxford: Oxford University Press.
Qu, Tongzu. 1981. Chinese Law and Chinese Society. Bei**g: Zhonghua Book Company.
Shang Zhou Team at Archaeology Teaching and Research Section in Peking University Department of History. 1979. Archaeology of Shang and Zhou. Bei**g: Wenwu Press.
Wang, Guowei. 1959. Guan Tang Ji Lin 2. Bei**g: Zhonghua Book Company.
Wang, Yingqi. 1782. Di Wang Ji. In Emperor’s Four Treasuries: Department of Zi, Chapter of Yu Hai, No. 65, ed. Ji, Yun, et al. Bei**g: Government of the Qing Dynasty.
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
Copyright information
© 2023 The Commercial Press, Ltd.
About this chapter
Cite this chapter
Liang, Z. (2023). Family and State. In: A Study of Legal Tradition of China from a Culture Perspective. Springer, Singapore. https://doi.org/10.1007/978-981-19-4510-6_1
Download citation
DOI: https://doi.org/10.1007/978-981-19-4510-6_1
Published:
Publisher Name: Springer, Singapore
Print ISBN: 978-981-19-4509-0
Online ISBN: 978-981-19-4510-6
eBook Packages: Law and CriminologyLaw and Criminology (R0)