Appendix I.), and possibly the Tsin "laws on iron" just mentioned
were suggested by this experiment, for it must be remembered that
Tsin, Lu, Wei, and Cheng were all of the same imperial clan.
Confucius, who had otherwise a genuine admiration for Tsz-ch'an,
disapproved of this particular feature in his career. In a minor
degree the same question of definition and publication has also
caused differences of opinion between English lawyers, so far as
the so-called "judge-made law" is concerned; it is still
considered to be better practice to have it declared as
circumstances arise, than to have it set forth beforehand in a
code. The arguments are the same; in both cases the judges profess
to "interpret" the law as it already exists; that is, the Chinese
judge interprets the law of nature, and the English judge the
common and statute laws; but neither wishes to hamper himself by
trying to publish in advance a scheme contrived to fit all future
hypothetical cases.
About 680 B.C. the King of Ts'u is recorded to have passed a law
against harbouring criminals, under which the harbourer was liable
to the same penalty as the thief; and at the same time reference
is made by his advisers to an ancient law or command of the
imperial dynasty, made before it came to power in 1122 B.C.-"If
any of your men takes to flight, let every effort be made to find
him." Thus it would seem that other ruling classes, besides those
of the Chou clan, accepted the general imperial laws, Chou-
ordained or otherwise. Although it is thus manifest that the
vassal states, at least after imperial decadence set in, in 771
B.C., drew up and published laws of their own, yet, at the great
durbar of princes held by the First Protector in 651 B.C., it is
recorded that the "Son of Heaven's Prohibitions" were read over
the sacrificial victim. They are quite patriarchal in their
laconic style, and for that reason recall that of the Roman Twelve
Tables. They run: "Do not block springs!" "Do not hoard grain!"
"Do not displace legitimate heirs!" "Do not make wives of your
concubines!" "Do not let women meddle with State affairs!" From
the Chinese point of view, all these are merely assertions of what
is Nature's law. In the year 640, the state of Lu applied the term
"Law Gate" to the South Gate, "because both Emperor and vassal
princes face south when they rule, and because that is,
accordingly, the gate through which all commands and laws do
pass." It is always possible, however, that this "facing south" of
the ancient ruler points to the direction whence some of his
people came, and towards which, as their guide and leader, he had
to look in order to govern them.
Public-domain text, read in full here on John Shaqi.
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