Social Sciences in China (Chinese Edition)

No. 9, 2023

 

“Reason” in the Tang Code

(Abstract)

Hu Yuhong

 

It is a tradition in the history of ancient Chinese law and jurisprudence to use reason to argue in law and explain in law. In this regard, the Tang Code and its commentary can be recognized as a model. In the Tang Code, there are a total of 144 “reason” characters that enunciate principles and arguments, wherein some have become the fixed terms such as humanitarian reason, rational reason, sensible reason, literal reason, logic reason, rhetoric reason, legal reason etc.. In terms of legal functions, the Tang Code distinguishes the similarities and differences between various subjects, objects and behaviors through the reason of proximity, the reason of differentiation and the reason of noninterdependent. In judging the justification of the involved party’s behavior, the criteria used are based on the right reason and wrong reason, justified reason and distorted reason, rational reason and irrational reason as well as common reason and changeable reason, which are also used as the standard for measuring the harmfulness of their behavior. Reasons in the Tang Code are the principles, rationales and criteria that justify the rules, understand the meaning of the law and guide judicial decisions, rather than the source of law. Promoting the tradition of jurisprudence explanation from the Tang Code has important theoretical value and practical significance for the creative transformation and innovative development of China’s excellent traditional legal culture.