The Origin of Civil Law System& Ancient Chinese Law System

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

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

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

4. 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 19th century by British Assyriologist, and has since been fully transliterated and translated into various languages, including English, German and French.

5. 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: • 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? • 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? • 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?

6. What’s the meaning of the word law? • 我国第一部字典《说文解字》解释：“法，刑也，平之如水，从水。法， 所以触不直者去之，从去。” 。 • Jus 权力 法律 • 拉丁语 justus Just+ice=justice • 拉丁语 jus 法律 + dicere 说；宣布= judex =judge

7. 中国法的起源 • 世界各大古代文明有两种类型：一是西方式的，其社会的演进以突破性方式为特征，另一种是非西方式的，社会的演化进程是连续性和非突破性的，以中国文明最具典型。--张光直《中国青铜时代》 • Ancient wars • 《说文》解说中，古法音废，废、法往往通义。 • 古音法、伐相近 • Out of courtesy will be into punishment出礼入刑 • 人情有好恶，故赏罚可用；赏罚可用，则禁令可行。 • morality given priority over penalty 德主刑辅 ---《唐律疏议》：“德礼为政教之本，刑罚为政教之用，犹昏晓阳秋相须而成者。”

8. 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

9. 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 • judgement by Chongqiu春秋决狱 • Out of courtesy will be into punishment出礼入刑 • 亲亲得相首匿 • 礼不下庶人，刑不上大夫