A History of China by Wolfram Eberhard
page 111 of 545 (20%)
page 111 of 545 (20%)
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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 |
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