A Research On Legal Culture Of She In Pre-Qin Period

As the most primitive ritual of sacrificing to the Gods,She offers a wealth of new material available for the study of legal systems in the pre-Qin period,including politcsl,economic,military,society and religion.Currently there are no systematic legal research on the subject of She.In this paper,we will discuss some new problem specifically,sorting and making consolidation of the legal system about She,using mythological analogy and language to analytics,combining with traditional methods of historical research,through the legal standard research.In terms of research path,first we would deal with the rules of She,the based the content of it,talking about legal culture from the astronomy,the earth and the human being,at last this issue critically point out the essential of She,is reasonable culture happening,which shows natural spirit of law with law-liked of the astronomy and the earth in pre-Qin period.In addition,this paper also provides new insights on other specific issues.The first part concerns about legal origin and evolution in the period.The paper will sorting three eras of She.She of Xia dynasty is a mythical metaphor that Da Yu controlled the flood,which also meaning governing the land.What the issue set the territory and the tax of settling country was a initial constitutional programmatic document.She of Shang dynasty is some kind of ritual,concerning law released and divination to punishment by the lord.She of Zhou dynasty started to differentiate legal function,developing social governance and judgments by the God.All three dynasty of She have the common sense,the State symbol.The second part concerns about She of legal simulation from astronomical images.In this chapter it discovered that the human behavior like stargazing in the She,which already been documented in the myth and history.The truth is,ancient people thought o astronomical image had some kind of strength to force human beings,the man simulate natural laws to judge man's behavior.The third part concerns about She of legal simulation from the earth.We found there is a link among She,Jing and Xing through the theory of math and symbol in ancient China.We confirmed that the legal origin related with agricultural production,which developing a view point that punishment origins from the earth symbols based on the traditional theory that punishment came from the war.The forth part concerns about She and cutting off the heaven and the earth.Based on dividing the Gods and man,we deconstruct the system appearance in monarchy replacing theocracy.In pre-Qin period She expressed the God's will,which is the mapping of man's rationality,in this case,the natural super-experience would became moralization by human being.Furthermore,there are still discusses about lunar system of She and the origin of judges,their legal culture was a kind of consolidation,for the consciousness of being,in the inner-self population.The fifth part concerns that the nature of She is a regular rationality for ruling the nature in the human sense.First we point the legal language of She,is a kind of legal sense like object images,then we will explain the link between She and morality,at last this paper will make a conclusion that the legal culture of She had being an outcome of culture break in the Axial Age.The main point of views can be seen in the part of the conclusion.