Philosophical Dimensions Of Chinese Classical Interpretation Of The Law

There is a Hermeneutic tradition in ancient China, which originated from "Sutra Interpretation". Among the tradition, legal interpretation is a significative component. The intention to study Chinese classical legal interpretation by means of Hermeneutic is to induce the philosophical principles, methodologies and merits of Chinese classical legal interpretations and to sublime the legal interpretation practices into theories. The article discusses 8 points about Chinese legal interpretation by the view of philosophy inclination.Based on the basic theory of Hermeneutic and Semeiology, Chapter I explains the attribute of law interpretation in ancient China, which includes 3 aspects: recapitulation, logicality and communication. As well known, the main law in ancient China is criminal law. So. the study of Chinese classical law interpretation is mainly about criminal law in ancient China. The author thinks the relation between Chinese classical law interpretation and Hermeneutic is a reciprocal one: the former is materials and the latter is methodology.Chapter II expounds the Chinese classical law interpretation from the point of view of the subject. There are 3 typical kinds of law interpretation in ancient China. One is the legislative, the goal of which is to release original intention of code .and the object of which is state law. The other is the civilian, the main character of which is plural: the goal, object and method are all plural. The last is judicial interpretation, the goal of which is to judge individual case. Generally speaking, the legislative and the judicial are official and efficient, while the civilian isn't.Chapter III is to explore the philosophy principle of Chinese classical legal interpretation. In a sense, Chinese classical philosophy is about virtue and Occident philosophy is about wisdom. Confucianism is the "great tradition" in ancient China, which influences the basic attitude of Chinese legal interpretation. Thus, the chief goal of Chinese ancient legal interpretation isn't true but good, which is contrary to that of the Occident.Chapter IV analyses the main aim of Chinese classical legal interpretation, which is about the legitimacy of legislative law interpretation, in metaphysical way. The author thinks the legitimacy of ancient Chinese monarchy lied on the Tao. Then, the author points out there are great significance of ontological and methodology in Chinese classical law interpretation.At last, the author draws a conclusion that the aim of Chinese classical legal interpretation is not for individual freedom but for society order.Chapter V explores the practicability inclination of Chinese classical legal interpretation. In ancient China, the legal interpretation was always based on both sensibility and reason. Furthermore, to make the conclusion of the legal interpretation acceptable, the interpretationusually had a inclination-practicability. The persuit of sensibility, reason and practicabilitymakes legal interpretation in ancient China have a unique character, which the author names "spirit of compromise".Chapter VI analyses several typical method of Chinese classical legal interpretation, which is about legitimacy of judicial legal interpretation. There are 4 kinds of judicial legal interpretation in ancient China: the arbitrary interpretation, the dialogic interpretation, the dogmatic interpretation and the case-facing interpretation. The author thinks the first is arbitrary in 4 aspects, which are the subject, the object, the power and the efficient: The second mainly is not the conversation between the questioner and answerer but between the text and the subject: The third is a kind of interpretation which is main done by semantic and syntax: The last is to identify the law by analyzing the fact of individual case.Chapter VII expounds the episteme and wisdom in Chinese legal interpretation. There is a general viewpoint that there is no jurisprudence in ancient China. But in this chapter, the author argued there are not only jurisprudence but also civil law in ancient China. H...