| Codification of ethical principles was a trend and tradition in the development of ancient Chinese legal system and its history originated from the inception of Chinese traditional law. "Li"(Confucian, ancient Chinese moral and ethical principles) was highly authoritative and enforceable which was the central foundation of ancient Chinese social governing system, which defined a strict system of social ethical principles and established strict rules controlled the relationship among "king and officers, fathers and sons, brothers, spouses"."Li" and laws are the undivided two aspects of the same system. "Li" consist of ethical principles with a functional appearance/equivalence of law which laid a solid foundation for the codification of ethical principles into law.The first historic period in the codification of ethical principles included the Dynasties of Xia, Shang and West Zhou when Li system was very popular. The theories of Li and Law improved gradually and principles of Li and Law embedded into one another and exhibited the initial trend of co-extensive. The governing Li system by Zhou Gong neatly integrated the softness of ethical principles with the strictness of law, produced the original theory of Li (ethical principles) control the ends while laws served as the means. The theory that Law subordinates Ethical principles developed thereafter was the creation of the codification of ethical principles both in theory and practice.From Chun Qiu Zhan Guo (The Warring States Period) to Qin Dynasty was the second historic period in the development of codification of ethical principles which established the theory basis and social foundation for codifying ethical principles into law.A great historic drama--"letting a hundred schools of thought strive movement" occupied the historic forum during the dramatic social revolution and complex political fights, started great debate between Legalism (Fa Jia) and Confucianism (Ru Jia). Politics is most sensitive to the rules of governing people while plants are sensitive to the natural conditions of soil. Just like Cattail Lu (an ancient Chinese plant) grow quickly when soil conditions are good, a country will thrill when governed by great leaders. Therefore good government depends on good officers who achieve higher moral status through self discipline. This theory emphasized the importance of good people as leaders in government. Confucius further advocated that political system built on great morality resembles the North Star being respected by many surrounding stars, emphasized the essential roles of moral and ethical principles, pointing out that legal system requires people with great ethical characters in addition to good laws. Although the method and art of Yi (an ancient Chinese legendary archer who was good at bow and arrow) were handed down to later generations, yet not every generation had individual who is as good archer as Yi. The great governing principles of Yu (Emperor of Xia Dynasty) were inherited by the later rulers and yet not all the kings of Xia Dynasty were capable of ruling the country as well as Yu. Therefore law is not independent which works only when good people are enforcing it.Legalism (Fa Jia) representing the newly formed class of landlords on the other hand advocated relying on law rather than ethical principles. Shang Yang, the prime minister of Qin Dynasty proposed that great leaders can establish a powerful country without following its tradition and serve the people without following their ethical principles, emphasized the importance of law over ethical principles to a certain extent. The great debate between the two school of thoughts of legalism and confusions were soon replaced by the trend of blending the two thoughts together. The theory of legalism ruled during Qin Dynasty which slowed the progress of codifying ethical principles. However the theory system of ethical principle codification continued its development in the legal practice and thinking process during this period which built a solid social and theory foundation, provided importance guidance and driving force for further ethical principles codification in later generations.The view of "No ethical principles, No law" held by Confucianism especially emphasized that anything that is unethical can not become law, and required that law must fit the ethical principles of Confucianism, which converted law into a tool for enforcing their ethical principles. This theory greatly influenced the development of legal system in Chinese feudal societies which has been the main and leading school of thoughts on codifying ethical principle into law.From Han Dynasty (subdivided into Western and Eastern Han Dynasty) to Wei, Jin Northern and Southern Dynasties, the codification of ethical principles into law reached its third historic period of comprehensive development. To satisfy the needs of centralized hierarchy system, Emperor Wu of Han Dynasty applied a system that followed the Confucianism only and abandoned all other thoughts of legal system, which in reality followed Confucianism at its surface while applied Legalism in actual legal practice. It protected the hierarchy power of the emperor with a mono legal system while utilized the ethical principles on the surface to control the people, the two schools of legal theories Legalism (Fa Jia) and Confucianism (Ru Jia) merged together into the law.The legal practice of theory proposed in Chun Qiu Jue Yu (an ancient Chinese legal theory proposed by Dong Zhong Shu) blended ethical principles into legal system which occupied leading position. Law protected ethical principles which accomplished the codification of ethical principles held by Confucianism. The feudal classes have been legally codified. Confucianism scholars who were experts in both economic and law participated in the law making and enforcement process which further blended ethical principles with law and promoted the development of codification of ethical principles into law.The fourth historic period of codifying ethical principles started after Tang Dynasty, which codification of ethical principles had developed comprehensively. Ethical principles were regard higher than the law and law was considered the means for the ethical principles. The representative traditional work "Law of Tang Dynasty" realized the legal practice of ethical principles, codified ethics into law, which combined and blended the law and ethics into each other while ethical principles guided the law. Ten major crimes described in Tang Law is one important example. The law fit the ethics, and the feudal ethical duties were reconciled well with that of law, the ethics and law blended together. The ethical principles were further codified while the law illustrated the trend to fit ethics. Codifying ethical principles into law became a popular ancient Chinese legal practice and theory. The ethical principles embedded into many aspects of law. The codified ethical principles and ethical laws played important roles during a long history in the social stabilization, process of learning from nature, and control of the people. In fact ancient Chinese ethics law itself is Confucianism. Confucianism scholars and advocates defined ethics and law as means and end, ethics is the end while law is the means. Ethical principles were embedded into law enforcement which formed the special legal enforcement system that follows ethical principles.The major characteristic of Chinese ancient societies, the codification of ethical principles is the result of traditional legal theory and the organic fruit of the interaction between law, natural and social conditions, which represented the benefits of traditional Chinese laws and legal theory. Selective adoption of the traditional legal theory can be helpful in the construction of our modern ethics and law. The ancient Chinese theory and practice combining law with Li (ethical principles) and law subordinated ethical principles provides us a historic model for the development of modern ethical moral and good legal system in governing our country.Proper codification of ethical principles into law can promote the development of legal civilization which is also beneficial to the progress of moral civilization. Today, we are developing good social orders in order to reach the goal of general social harmonious; we therefore need deeper research on the topic of blending ethical principles with law, combining self discipline and social regulation, explore the modern legal and scientific codification of ethical principles within the scope of strict legal standards.
|
PDF Full Text Request