Social Sciences in China (Chinese Edition)

No. 2, 2023

 

Conceptual Legal Metaphors in the Pre-Qin Period

(Abstract)

 

Wang Taixian

 

Some scholars at home and abroad understand the conceptual metaphors of pre-Qin law in terms of legal instrumentalism, focusing on the functional meanings carried by objects such as “the compass and the square,”“the carpenter’s line,”“a measure of grain,” and “guideline,” while ignoring the meanings contained in their nature and value. In the metaphorical structure of meaning, the nature of legal meanings is the cornerstone, from which the meaning extends in terms of value; together they form the central meaning of the law. The functional meaning of the law is only evident on the basis of these two; they exhibit to the outside world a particular ability. Therefore, by shaping the nature and value of law, conceptual metaphors in the law tend to establish intellectual justifications that can constrain the behavior of all men, even the ruler. On the one hand, they imply that legislation is not an expression of the legislator’s personal will, but rather a simulacrum of the public standards with which society identifies. On the other, they aim to establish “laws that guarantee that the laws are practiced,” so that all governance actions accord with the law. Therefore, we can conclude that the conceptual metaphors of pre-Qin law are not intended to turn the law into a pure instrument of governance, but rather make it the basis for governance.