On Wei Orthodox Legal Thinking Development And Evolution

Wei-Jin and Southern-Northern Dynasties (A-D-220~589) between Qin-Han Dynasties and Sui-Tang Dynasties, which is not only a disrupt and roily period for less than four-hundred years but a period of transition as well, lays a omni bearing solid foundation for Sui-Tang Dynasties. On the basis of research achievements of the former scholars and with the angle of combining the science of history and law, this paper lays an emphasis on the development and evolvement of the orthodox legal thought in Wei-Jin and Southern-Northern Dynasties, and draws such conclusions as follows:First, the orthodox legal thought, in this period, gained great development. So great changes took place for the environment of lawmaking that macro-environment for the orthodox legal thought came into being. It went with the trend of leading ritual into law, which began from Mid-term of Western-Han Dynasty, inherited the achievements of the orthodox legal thought in Han Dynasties and made great innovations. The law-makers injected new contents-opinions of lawmaking, fundamentals of judge and judicature-into the orthodox legal thought, and made the orthodox legal thought brim with vigor by researching the relation of ritual and law deeply. In the period, law-confucianization became the main stream of explaining and making law by invoking much Confucianism into law: The period of Wei-Jin was in a primary stage, while the Northern Dynasties was perfect. Accordingly, it laid a solid foundation for law of Tang Dynasty which made law according to ritual completely.Second, the orthodox legal thought ,in the period, evolved a lot because of impact of several thoughts, but the positive influences is major: legal thought in Three-State Period did not play a role of weakening the dominant feudal legal thought but of nourishing/perfecting it; Metaphysics prompted the development on the theory and made of thinking; Religious doctrine of and the three cardinal guides and the five constant virtues as specified in the feudal ethical code influenced with each other, and the former contributed to uphold the latter. As a result, all the thoughts did not play a role of weakening the orthodox legal thought but of nourishing it.