“Rites” and “Dharma” in ancient China

Viewpoint 1: The modern interpretation of “Rites” and “Dharma” is to do something even though you know it cannot be done.

The modern interpretation of "ritual" and "law" in ancient China is the basis for our discussion of the relationship between "ritual" and "law" in ancient China. The essence of the so-called modern interpretation of "ritual" and "law" in ancient China is to use modern The Western "theoretical system" or "discourse system" of "law" defines the nature of "ritual" and "law" in ancient China. In our modern people's view of "law", the ancient Chinese "ritual" and "law" What exactly is "method"?

However, since there is no one-to-one semantic expression in the language systems of Chinese and Western cultures, the work itself is very difficult, and even obviously very unscientific. ". This difficulty has existed since the beginning of the exchange of legal culture between China and the West. For example, Yan Fu clearly stated: "The Western word 'law' is a different translation of the Chinese word "reason", "ritual", "law" and "zhi".

View 2: "Li" is a system of behavioral norms, which integrates religious norms, moral norms, ethical norms, administrative norms, and legal norms.

The meaning of "ritual" in ancient China The scope is much larger than today's "law". Its content is all-encompassing and widely adjusts people's behavior and social life. "Husband's rituals are the scriptures of heaven, the righteousness of earth, and the conduct of the people!" Therefore, we say today Ritual is natural law, divine law, customary law, civil law, constitution, etc. There is a certain truth. But "ritual" is "ritual".

Viewpoint 3: In ancient China, ritual is today's "ritual" The core content of the "law" system, but today's "law" system not only includes rituals, but also laws, orders, patterns, styles, regulations, edicts, and folk family and village laws also belong to today's "law" system.

View 4: "Law" in ancient China coexisted with "ritual", and was mainly another system of behavioral norms established after the "collapse of rites and music". Its core content is "punishment" and "ritual" "Zheng" means "criminal law" and "government order". For example, the word "法" ??in ancient Chinese takes the form of "狋". Regarding this, "Shuowen" explains: "狋 means punishment, and it is as flat as water." , from water". In a sense, the definition of "law" in ancient China has more similarities with today's "law", but the ancient "law" is more of today's "legal system", and " The "legal principles" part should be found in "rituals" and "righteousness".

The dispute between "rituals" and "laws" in the pre-Qin period

View 1: (History of the dispute between etiquette and law) Background) "Law" and "Penalty" have existed for a long time as a code of conduct independent of "Li". Punishment originated from soldiers. The "Oath", "Edict" and "Five Punishments" in "Shangshu" are all the prototypes of "Law" .But the real rise of law as a system came after the "collapse of rituals and music". Traditional "rituals" could no longer adjust social life, especially social and political life. Thinkers took two completely different paths to salvation: Legalism abandoned the "outdated" order of rituals and music and sought to "rebuild" the order system of "penalty" and "politics", while Confucianism tried to innovate "rituals" and "restore" the social order within the scope of rituals.

Viewpoint 2: (The political focus of the dispute between etiquette and law) The important characteristics of "ritual" are "differentiation" and "division", which maintain the hierarchical privileges of traditional blood political aristocrats in the "patriarchal" system. The importance of "law" and "law" It is characterized by universal adaptability. "Shuowen" explains: "Laws are uniformly distributed". That is, "one punishment", punishment has no hierarchy. "The so-called one punishment, punishment has no hierarchy, from ministers, generals to officials, concubines People who disobey the king's orders, violate national prohibitions, and rebel against the superiors will not be forgiven for their crimes. Those who have contributed to the front, and those who have failed behind will not be punished. If there are those who are good at the front, and those who are too behind, they will not be punished. Loyal ministers If a filial son has a fault, he must be judged by the number. If an official who abides by the law and does not follow the king's law, the crime will not be pardoned, and the punishment will be extended to the three clans. The officials of the Zhou Dynasty, who know it and criticize the superiors, will be exempted from the crime, and will not be high or low. The important political orientation of his "reform" is to deprive the nobility of their privileges and establish a "prefecture and county system" with centralized monarchy.

View 3: (The value of the dispute between etiquette and law) Focus) The normative system of "ritual" is based on "virtue", with "education" and "cultivation" as the means, with "harmony", "moderate" and "balance" as the purpose, and with "benevolence" as the normative value.

Value pursuit. The normative system of "law" is based on "politics", uses "criminal killing" as a means, "farms and wars" and "rich country and strong army" as its goals, and "utility" as its value orientation.

The fusion of "rituals" and "law" in ancient China

Viewpoint 1: The purpose of the merging of "rituals" and "laws" is to provide "benevolence" and "goodness" standards for "laws". "Morality" is the basis of "law" and provides the basis of "ritual" for the rationality of legal provisions.

Viewpoint 2: The influence of "ritual and law" is mutual, and its result not only transforms " "Law" and transformed "Li". The privileges of "Li" are not only given to the royal family and nobles, but also to bureaucrats and nobles, and at the same time are greatly restricted by the centralization of monarchy.

View 3: The "Li" The contradiction and conflict between the "differential" nature and the "universal" nature of "law" has always existed. The embodiment of aristocratic privileges in the law reached its peak in the Wei and Jin Dynasties. It was not only the "eight discussions", "please", "reduction" and other penalty systems. Established, and the "Nine Ranks Zhongzheng System" regarded "family background" as the primary criterion for official appointment. By the Tang Dynasty, the combination of etiquette and law was almost perfect, but the implementation of the "imperial examination system" proved that politicians began to reflect on the privileges of "rituals". But in the end, it was not strictly implemented, and the Tang Dynasty did not get rid of the tragic fate of "separatist vassal towns" and then perished. This kind of gap between "rituals and laws" can be found in the "Wang Anshi Reform" of the Song Dynasty and the "heavy code and administration of officials" of the Ming Dynasty. Traces of contradiction