Research The Legal System Of "the Book Of Changes" And Analyzes It With Functional School

The Book of Changes is one of the Five Classics. It has deep intension and wide range. At the Western Zhou Dynasty, because of the low level of understanding, people used divination to guide their actions, so The Book of Changes is not only a book of augury but also recordation on every aspect of society in the Western Zhou Dynasty. Main law norms of the Western Zhou Dynasty can be seen in the book.This paper is mainly divided into three parts. The first and second parts are from the text of the Book of Changes, read between the lines to tap into legal system of the Western Zhou Dynasty. From legal thought, legal system of civil law, criminal law system, judicial system and oath of alliance five aspects to discuss the law system expressed in The Book of Changes. These parts mainly use the inductive method to classify laws and regulations involved in the divinatory words. At the same time, use comparison method, comparing with the Western Zhou Dynasty’s legal system to support each other. Through the study of this section, it can be seen that the Western Zhou Dynasty slavery legal system was developed.The third part analyzes the legal system from Functional School view. Functional school is main method that Malinowski researched social systems and customs of primitive society. He analyzed all social cultures as an integral whole, then took every part into the system, analyzed each branch’s different function. This gived anthropologists a new angle to study the primitive society. This section analyzes the Western Zhou Dynasty legal system on this method to evaluate it.