1.3 Confucianisation of law ■ Though the Confucian ideology provided the fundamentals for the substance of traditional law,the Legalist school constructed the important framework of the traditional legal system still on the basis of confucian principles. Example:The Han dynasty retained the basic legal system established under the Qin()but modified some of the aspects in line with the Confucian philosophy of social control
1.3 Confucianisation of law 1.3 Confucianisation of law Though the Confucian ideology provided the Though the Confucian ideology provided the fundamentals for the substance of traditional fundamentals for the substance of traditional law, the Legalist school constructed the law, the Legalist school constructed the important framework of the traditional legal important framework of the traditional legal system still on the basis of confucian system still on the basis of confucian principles. principles. Example: The Example: The Han dynasty Han dynasty retained the retained the basic legal system established under the basic legal system established under the Qin( 秦) but modified some of the aspects in ) but modified some of the aspects in line with the Confucian philosophy of social line with the Confucian philosophy of social control. control
The Law of Han()Dynsity Sources of law in Han dynasty: The Han dynasty formally recognised four sources of law:u(律：“codified laws"),mg(令："the emperor's order"),ke("statutes inherited from previous dynasties")and bi("precedents"), among which /ing has the highest binding power over the other three. ■ 作-Confucian ideology Most legal professionals were not lawyers but generalists trained in philosophy and literature.The local,classically trained,Confucian played a crucial role as arbiters and handled all but the most serious local disputes
The Law of Han( The Law of Han( 汉)Dynsity )Dynsity Sources of law in Han dynasty: Sources of law in Han dynasty: The Han dynasty formally recognised four sources The Han dynasty formally recognised four sources of law: of law: lü ( 律: “codified laws codified laws ”), ling ( 令: “the emperor emperor‘s order s order”), ke科 ( “statutes inherited from statutes inherited from previous dynasties previous dynasties ”) and bi 比 ( “precedents precedents ”), among which among which ling令 has the highest binding power has the highest binding power over the other three. over the other three. li- Confucian ideology Confucian ideology Most legal professionals were not lawyers but Most legal professionals were not lawyers but generalists trained in philosophy and literature. The generalists trained in philosophy and literature. The local, classically trained, Confucian played a crucial local, classically trained, Confucian played a crucial role as arbiters and handled all but the most serious role as arbiters and handled all but the most serious local disputes. local disputes
The Law of Han()Dynsity Through this way the essentials of Confucianist was incorperated into legal codes.morality and self-discipline Although the codification of law was largely completed by the Tang Code (Tang 618- 907),throughout the centuries the Confucian foundations of the Tang Code were retained,and indeed with some aspects of it strengthened by the later dynasties
The Law of Han( The Law of Han( 汉)Dynsity )Dynsity Through this way the essentials of Through this way the essentials of Confucianist Confucianist li was incorperated into legal was incorperated into legal codes. （ morality and self morality and self-discipline discipline ） Although the Although the codification codification of law was largely of law was largely completed by the completed by the Tang Code Tang Code (Tang 618 Tang 618 - 907), throughout the centuries the , throughout the centuries the Confucian foundations of the Tang Code Confucian foundations of the Tang Code were retained, and indeed with some were retained, and indeed with some aspects of it strengthened by the later aspects of it strengthened by the later dynasties. dynasties
2.Modernization of Chinese law
2. Modernization of 2. Modernization of Chinese law Chinese law
Modernisation in the late Qing dynasty ■ In the late Qing dynasty (1644- 1911 there was a large effort to establish legal codes based on European models. ■ why in late Qing dynasty why on European models?
Modernisation i Modernisation in the late n the late Qing dynasty Qing dynasty In the late In the late 清朝 Qing dynasty Qing dynasty （1644 - 1911 ） there was a large effort to there was a large effort to establish legal codes based on establish legal codes based on European models. European models. why in late why in late Qing dynasty Qing dynasty ? why on European models? why on European models?