The Origin of Civil Law System Ancient Chinese

The Origin of Civil Law System& Ancient Chinese Law System Lixiang

Preview • The first law code was formulated by _______, and consisting of casuistic Ur-Nammu "if. . . then. . . " statements which is still in use today______. • Another important legal code Codex Hammurabi is______, which developped the ancient ____. king Hammurabi placed several Babylonian law copies of his law code throughout the kingdom of Babylon as stelae, for the entire public to see.

• Since Roman times, Justitia(the goddess of Justice) has frequently been depicted sword scales carrying ______and a_____, and wearing blindfold a_____. • The double-edged sword symbolizing the (coercive)power _______of Reason and Justice, which may be wielded either for or against party any_____.

King Hammurabi is revealed the code of laws by the Mesopotamian sun god Shamash, also revered as the god of justice • Around 1760 BC, King Hammurabi further developed Babylonian law, by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae, for the entire public to see; this became known as the Codex Hammurabi. The most intact copy of these stelae was discovered in the 19 th century by British Assyriologist, and has since been fully transliterated and translated into various languages, including English, German and French.

Statement one：Questions about justice are fundamentally religious. • Do you agree with that? Can any legal system be morally neutral? • Consider the relevance of a God-based view of law to any legal system: Ø If no transcendent God exists, is law unavoidably arbitrary? Without God, who is there who can declare absolutely what is right or wrong, or why? Ø Unless God is immanent (involved) in human affairs, how can His laws be relevant? Unless God actively enforces His laws as the great Sustainer of the universe, why should we obey the rules He prescribes for our conduct? Ø Unless God has revealed His law authoritatively, how can we know any of it for certain? Unless God clearly and authoritatively revealed His law to us for the governance of society, how could He hold us accountable for its obedience? In other words, isn't even God under a duty to promulgate his laws?

• imperial order敕令--most powerful • economic laws emerge, e. g. 盐法、茶法、 税法 • Great Qing Legal Code or Qing Code大清 律例 • Minority legislation e. g. 《蒙古律例》《回 疆则例》、《苗例》 • “法治”（Rule by law） • Taiwan-Japan-Europe

Features of Ancient Chinese Law System • in form：no distinction between different department laws or substantive law and procedural law诸法合体 • in content：moral standards are used 依礼 轻重其刑 ü judgement by Chongqiu春秋决狱 ü Out of courtesy will be into punishment出礼入刑 ü 亲亲得相首匿 ü 礼不下庶人，刑不上大夫