On The Legal Thought Of The Early Tongcheng School

The Tongcheng School is the most influential school of the prose in the literaryhistory of Qing Dynasty, which existed for the longest time, spread the most widelyand had the largest number of members. People have researched its literature quite alot, however, its cultural legacy including the legal thought is also worth beingexplored. The enlightenment in late Ming and early Qing Dynasty and the legalthought in late Qing Dynasty have always been the focal points in the realm of thelegal research. By contrast, it is very weak for the research on the legal thought inover one hundred and fifty years before the Opium War. So this paper means to makeup for the deficiency by studying the legal thought of the early Tongcheng Schoolwhich was from its birth to Yaonai’s disciples and was just in the forementionedperiod.The ancient China guided by Confucianism was a society of etiquette and law,which mainly regulated the human relationship such as the monarch and his subjects,father and son, old and young, friends, couples. Cheng-Zhu School not only regardedthe Confucian ethical norms as the heavenly principles, but also combined etiquette,laws and the system of education in order to form the extremely strict system ofethical codes by emphasizing "the Four Books". The scholars were always deeply andconstantly influenced by the doctrine of “Da Xue”, while they studied the methodsand rules such as etiquette, music, administration and penalty. They did so in order tocultivate themselves to saints and sages, and also to regulate families, manage stateaffairs and build a peaceful world. The early Tongcheng School believed thatCheng-Zhu understood the keys of Confucianism and adhered to the guiding positionof their philosophy.The early Tongcheng School believed that Confucian ethics embodied theheavenly principles, human being was born to the energy of the universe, humannature was good, and evil was only acquired, so they advocated feudal ethical codes.Although they yearned for the ancient emperors’ systems, the early Tongcheng Schoolclearly recognized that etiquette and laws had to change with social changes. As forthe application of the criminal law, they alternated leniency with severity andproposed to integrate punishment with education. As for the trial, they emphasizedreason and recommended that guilt should be convicted by reason. They also thought legal reformation should promote the beneficial and abolish the harmful to safeguardthe people’s livelihood. The imperial examination system was not only the means toselect talented persons for the country, but also the way to realize the change fromself-cultivation to governing. Believing in the rule of the virtual and talented, the earlyTongcheng School fiercely criticized its disadvantages and urged to reform the systemin order that the much-needed talents could be acquired.Having the earnest belief in Cheng-Zhu philosophy, the early Tongcheng Schooldid not transcend it and only did something to make up its deficiency. However,especially compared with Sinology, they carried on the culture of studying statecraft,paid close attention to moralization, emphasized on reason, and aspired to the order fitto Cheng-Zhu philosophy, so their legal thought was reasonable to some extent, andalso played a certain positive role for the country and the society.