Legal Philosophies
摘要
Legal norms derive from social life habits. However, these habits are often spontaneous, fragmented, and unsystematic, lacking universal applicability, and thus social “elites” are required to distill from daily life a set of logical and systematic rules that can be termed as a “legal system” by later generations, with a universally binding force within a certain scope. These “legal elites,” the principal bearers of traditional legal philosophies, could be intellectuals or jurists. They created rules, interpreted them, and provided guidance or recommendations for the application of the rules. Their legal philosophies became the core of the traditional “legal thought,” steering the evolution of legal norms. In traditional China, these elites emerged from groups such as the “scribes,” “shamans,” and “Confucians.” Through ongoing debates and competitions during the evolution of the legal system, a mainstream legal philosophy was gradually formed, characterized by the integration of Confucianism and Legalism, while incorporating elements from other schools of thought. This integration is commonly encapsulated in the concepts of “the unity of rites and laws,” “morality given priority over penalty,” and “instruction in rites preceding punishment.” These legal philosophies shaped the formation, development, and maturation of the traditional Chinese legal system and safeguarded its legitimacy and rationality. Understanding the legal philosophies of Confucianism and Legalism provides a crucial vantage point for surveying the legal culture in traditional China.