Wen Ti's reign had brought economic advance and prosperity;
intellectually it had been a period of renaissance, but like every such
period it did not simply resuscitate what was old, but filled the
ancient moulds with an entirely new content. Socially the period had
witnessed the consolidation of the new upper class, the gentry, who
copied the mode of life of the old nobility. This is seen most clearly
in the field of law. In the time of the Legalists the first steps had
been taken in the codification of the criminal law. They clearly
intended these laws to serve equally for all classes of the people. The
Ch'in code which was supposedly Li K'uei's code, was used in the Han
period, and was extensively elaborated by Siao Ho (died 193 B.C.) and
others. This code consisted of two volumes of the chief laws for grave
cases, one of mixed laws for the less serious cases, and six volumes on
the imposition of penalties. In the Han period "decisions" were added,
so that about A.D. 200 the code had grown to 26,272 paragraphs with over
17,000,000 words. The collection then consisted of 960 volumes. This
colossal code has been continually revised, abbreviated, or expanded,
and under its last name of "Collected Statues of the Manchu Dynasty" it
retained its validity down to the present century.
Alongside this collection there was another book that came to be
regarded and used as a book of precedences. The great Confucianist
philosopher Tung Chung-shu (179-104 B.C.), a firm supporter of the
ideology of the new gentry class, declared that the classic Confucianist
writings, and especially the book _Ch'un-ch'iu_, "Annals of Spring and
Autumn", attributed to Confucius himself, were essentially books of
legal decisions. They contained "cases" and Confucius's decisions of
them. Consequently any case at law that might arise could be decided by
analogy with the cases contained in "Annals of Spring and Autumn". Only
an educated person, of course, a member of the gentry, could claim that
his action should be judged by the decisions of Confucius and not by the
code compiled for the common people, for Confucius had expressly stated
that his rules were intended only for the upper class. Thus, right down
to modern times an educated person could be judged under regulations
different from those applicable to the common people, or if judged on
the basis of the laws, he had to expect a special treatment. The
principle of the "equality before the law" which the Legalists had
advocated and which fitted well into the absolutistic, totalitarian
system of the Ch'in, had been attacked by the feudal nobility at that
time and was attacked by the new gentry of the Han time. Legalist
thinking remained an important undercurrent for many centuries to come,
but application of the equalitarian principle was from now on never
seriously considered.
Public-domain text, read in full here on John Shaqi.
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