Pricing: 35 yuan
Author: Editor-in-Chief Guo Jian
ISBN: 978-7-309-05735-5/D.347 and other related books.
Format: small 16 format: paperback pages: 330 pages words: 43 1 10,000 words
Publication date: September 2007. Please click!
★ Executive summary
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This book comprehensively discusses China's theories, schools, main thinkers and people's attitudes and understanding of legal issues from the pre-Qin period to the Republic of China, and summarizes and analyzes the development context and basic characteristics of China's traditional social legal thought. This book absorbs the latest achievements in the study of China's legal thought history in recent years, especially strengthens the generalization and summary of traditional folk legal consciousness, and introduces and analyzes the great changes of modern China's legal thought. In style and structure, the book distinguishes chapters by genre and topic, highlights key points and prevents duplication of content. Each chapter of this book has columns such as the main points of this chapter, the summary of this chapter, and the bibliography of reference reading, and specially sets up reading columns such as information, people and explanations, with more than 50 related illustrations to help readers grasp the content and deepen their impressions. The book is novel in structure, clear in organization and fluent in writing. It is an ideal teaching material and applicable reading material for teachers and students majoring in law and law lovers to study the history of China's legal thoughts.
★ Introduction to the author
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editor in chief
Guo Jian
Associate editor
Yao
Writers (in order of writing chapters)
Guo Jianyuan Zhao Chungu Jie Jun
Hexiu
Yao Han xiu Tao Yao
Guo Jian, male,1born in Shanghai in September 1999, 1956, professor of Fudan University Law School. 1982 graduated from the history department of East China Normal University with a bachelor's degree in history. 1985 graduated from Fudan university with a master's degree in law history. I have been teaching at school ever since. His main works include The Miniature of Empire, The History of China Culture and Law (the first author), The History of Chinese Legal System (the first author), The Historical Draft of China Property Law, An Overview of the Basic Characteristics of Ancient Civil Legal Culture in China, and Kengkao, etc. Participated in the compilation of China Civil Law History (Deputy Editor-in-Chief), Summary of China's Academic Masterpieces, Political Law Volume (Deputy Editor-in-Chief) and other works. His translation includes an introduction to creditor's rights in Japanese civil law and Anglo-American law.
★ book excerpts
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order
one
The history of China's legal thought is a branch of law, and it is also a basic course of law undergraduate education.
The research objects of China's history of legal thought are: the development and basic characteristics of the main legal theories in China history, and the influence of these theories on China's legislative and judicial activities in past dynasties; People's overall view of law in history, as well as their mastery and understanding of legal knowledge; And the influence of the above traditional theories and people's legal consciousness on contemporary China society. Through this research, we try to sum up historical experience and lessons, and serve for building a socialist country ruled by law with China characteristics.
two
Legal thought appeared with the formation of law and developed with the development of society and law.
According to the viewpoint of historical materialism, legal thought is the reflection of social material living conditions and is restricted by social economic foundation; At the same time, according to the reaction principle of the superstructure to the economic base, the legal thoughts of the ruling class often guide the legislative activities of the rulers and have a great impact on social development.
As early as the Shang and Zhou Dynasties, China had already formed quite complete laws and began to form systematic legal thoughts. The rulers of the Western Zhou Dynasty put forward the idea of "knowing morality and being cautious about punishment", which had a far-reaching impact on later generations.
The Spring and Autumn Period and the Warring States Period (770 BC-22 BC1year) was a period of great social change in China. The ideological circle was unprecedentedly active, and there was a prosperous scene of "a hundred schools of thought contend". During this period, China's legal system developed rapidly, and legal issues were highly valued, with almost a hundred schools of thought contending. The most famous of them are Confucianism and Legalism. Confucianism pays attention to the study and summary of Zhou Li, and holds that rulers should pay attention to educating people, and laws can only play an auxiliary role, thus establishing an ideological system called "ethics" by later generations. Legalists advocated "rule of law" in a clear-cut manner, and thoroughly analyzed the origin, nature and efficacy of law, which had a great influence on the political and social systems of "reform" in various vassal States. Taoism, Mohism, famous scholars and other schools have also promoted in-depth discussion of legal issues from different angles and in different ways. The Yin-Yang School and the Five Elements School discussed political and legal issues from the perspective of supernatural power, which provided the most realistic excuse for the rulers at that time to maintain their rule.
The era theory of "a hundred schools of thought contend" has basically laid the basic face of legal thought for more than two thousand years. Since the formation of the unified political situation after Qin Dynasty, how to better maintain and consolidate the centralization of autocratic monarchy has become the starting point and central task of China's ideological circle for more than 2,000 years. After the reform in Han Dynasty, Confucian ethics gradually became an orthodox official theory, and its positioning and judgment of law became an important factor guiding legislation and judicial practice. The dispute over ideas is out of date and can no longer be tolerated by rulers, but later thinkers have developed on some specific issues.
The Opium War began to break the structure of China's traditional society. With the unprecedented intensification of the ruling crisis and national crisis, it is reflected in the situation of contention in the ideological circle again. At the end of 19, the Reform Movement began to criticize the traditional legal system, and new ideas and theories began to emerge in large numbers, especially the legal theories from Europe and the United States began to be introduced, which violently impacted China's ideological circles. This trend still existed in the early 20th century. With the rapid reform of the legal system, the establishment of modern legal education system and the initial formation of legal professional groups, modern legal disciplines have been established. However, due to the long-term war in China in the early 20th century, it did not have the stable social conditions needed to build a modern legal system, nor did it give the ideological circle the opportunity to fully absorb and digest various legal schools in Europe and America, let alone the possibility of establishing a local legal school. In particular, the introduced legal system and legal theory are out of touch with China society, resulting in a huge gap between the westernized legal thoughts of social elites and the folk legal consciousness of retaining traditional concepts.
three
For a long time, the mainstream legal thoughts in China's traditional society have not changed substantially. It has a long history and is self-contained, and it is almost difficult to find traces influenced by foreign ideas. On the whole, the main features of theories and discourses on law in various ancient books are as follows.
1. Early separation from religious influence
Ancient civilizations in many parts of the world often regarded the law as the stipulation of the gods and regarded it as sacred and inviolable. The authority of law is also considered to come from God. Law has long been confused with religious precepts, and the procedures of litigation and trial are full of mystery. However, China's ancient thinkers have long since got rid of the shackles of gods and religions. During the Spring and Autumn Period and the Warring States Period, many thinkers sought answers to questions such as the origin of law and the source of legal authority from human society itself. Many thinkers have clearly pointed out that law is an integral part of human social life, created by human beings themselves, and its authority comes from the political power of human society itself. In the long historical period, thinkers of different dynasties and generations rarely attribute legal issues to religious or mysterious issues, and mainstream thinkers all think that law is not the most complete way to reflect the mysterious forces of impersonality such as "heaven" and "heaven".
2. The tendency to regard the law as a simple tool.
As early as the Spring and Autumn Period and the Warring States Period, thinkers regarded law as the ruling tool of absolute monarchy. It is only to what extent the monarch should rely on this tool, which is the difference between Confucianism and Legalism. In the later historical development, this concept still has a long-term impact. Mainstream thinkers generally regard law as a simple political tool, which can only play a limited auxiliary role in social governance under the guidance of "ethics" and the application of Confucian gentleman's "rule of man".
3. The scope of legal discussion is very narrow.
Generally speaking, the discussion of legal issues by ancient thinkers in China mainly focused on the extent to which the law can maintain the absolute monarchy and help "educate". As for other issues that should be discussed as legal issues in modern times, they are often ignored. Almost all topics revolve around how the law establishes and adjusts the social relationship between superiors and subordinates. As for the social relationship between superiors and subordinates, how to adjust the law is rarely involved. For example, in the relationship between the monarch and the law, whether the monarch should abide by the law has long been rarely discussed in depth. The question of whether and how to regulate various property relations among the people has almost never entered the vision of any thinker.
4. There is no special jurist group.
Strictly speaking, there was no such discipline as "law" in ancient China, and there was no legal professional group. Therefore, a jurist in the modern sense, or a school of law, is impossible to produce. Thinkers only discuss legal issues in passing when discussing political and social issues. This inevitably leads to the defects that it is difficult to discuss legal issues from the technical level, and it is difficult to simplify complex social issues into some operational legal concepts for discussion, which makes the development of the legal system itself slow.
In addition, for the broad masses of the lower classes, the law is an alien, representative and unpredictable normative system, which can be used, but it is not reliable, far less reliable than Ming Jun and honest officials.
Therefore, for a long time, people have formed the traditional concept of ignoring the law, and evading the law often becomes a survival instinct. But at the same time, it is often necessary to use the law to gain a favorable position in disputes. Therefore, in the folk, the phenomenon of so-called "litigation-weariness" and "litigation-pestering" coexisted at the same time, which intensified in the Ming and Qing Dynasties.
Although ancient thinkers in China began to distinguish the relationship between law and religious ghosts and gods long ago, for the general public, "retribution for good and evil" is a more effective motive force to force members of society to abide by social order. In fact, what people are familiar with is not the works of thinkers of past dynasties, but some "enlightenment" popular books that preach the retribution of good and evil, such as "Induction on the Mount". Many emperors issued decrees to educate the people and used retribution to persuade their subjects not to break the law easily. Therefore, retribution thought is an important part of China ancient people's legal thought.
four
Since the resumption of legal education in the late 1970s, the course of the history of legal thoughts in China has been one of the basic courses of law in various law departments, and more than a dozen textbooks have been published. As one of the "Fudan Bo Fa" series textbooks, this textbook tries to highlight some new ideas of legal education in the new century. Mainly consider writing according to the following principles:
1. The readers of this textbook should be undergraduates studying law, so the textbook should meet the needs of readers and establish the concept of students first. It is beneficial for law undergraduates to adapt to the situation of law undergraduates, let them read smoothly and stimulate their enthusiasm for learning this course.
2. Textbooks should be the crystallization of scientific research achievements, but not research monographs. Therefore, textbooks should absorb the latest achievements in the study of the history of legal thought in China in recent years and stand at the forefront of academics; However, it is necessary to explain the main points in simple terms and introduce them objectively, so that readers can easily accept them and form a basic idea to understand the current research situation.
3. The course "History of China's Legal Thought" teaches abstract concepts and concepts, and the textbook should prevent the disadvantages of being empty and boring. In order to help students master the content, textbooks should strive to be vivid, and some characters and typical examples can be used to explain the problem.
4. In order to test the learning effect, the course needs to be tested, and the teaching material also needs some content that is convenient for the exam, but at the same time, it should also prevent the teaching material from becoming a "problem-solving encyclopedia" to cope with the exam. The main purpose is to help students establish awareness of the rule of law and improve their cognitive ability after receiving lectures and reading textbooks.
In order to implement the above principles, we have paid attention to the following aspects when compiling this textbook.
Most textbooks on the history of legal thought are divided into chapters according to thinkers, so it is difficult for students to grasp the key points. Considering the above principles, we have made such adjustments in the chapter structure of this textbook: in the pre-Qin part of the first part, we adopted the traditional method of dividing chapters by proofreading; The second part, after the formation of the unified situation of Qin and Han dynasties, all historical dynasties basically adopted chapters according to some topics that attracted more attention; /kloc-from the end of 0/9 to the first half of the 20th century, it was impacted by various new legal thoughts. The third part is divided into chapters according to topics.
In the balance of content, this textbook focuses on the legal viewpoints of the main schools in ancient China, as well as the legal thoughts of thinkers, politicians and jurists since modern times; While introducing the legal theory and legal thoughts of rulers and social elites, we also pay attention to introducing the legal concepts of ordinary people in traditional society and the proverbs and sayings about law circulated among the people. Strive to make students master a more comprehensive and complete overview of China's traditional legal thought.
The style of expressing ideas by ancient thinkers is no longer popular today. As a specialized researcher, it is not difficult to read the works of ancient thinkers, but as a law undergraduate, it is quite difficult to read these materials. Therefore, the compilation of this textbook emphasizes that the text is easy to understand, and all the historical materials in classical Chinese are converted into colloquial modern texts as far as possible. The quoted famous sayings, epigrams and wonderful conclusions are all explained in modern Chinese.
With the accelerated pace of social life and the continuous updating of modern media, people's reading habits are changing. In order to adapt to this trend, this textbook tries to arrange the layout according to the reader's eyes. The typical judgment paragraphs of thinkers of past dynasties are set as reading materials, arranged in a font different from the original text, and accompanied by vernacular translation. Background materials, typical cases and introduction of characters are also interspersed in the text. Students can read the contents of the textbook continuously or skip through these materials.
five
This textbook is mainly aimed at undergraduates studying law. Students may wish to pay attention to the following aspects when studying this course and reading this textbook.
First of all, when students begin to study this course, they can truly realize the significance of studying the history of China's legal thought. The students who enter the school of law are the builders of China's grand project to realize a socialist country ruled by law. Understanding China's national conditions is the prerequisite for builders to undertake this important task. The history of China's legal thoughts is an important way to understand China's legal cultural tradition. Since the 20th century, China has rapidly introduced legal system, legal thoughts and even a set of legal terms from European and American countries. However, the social legal consciousness accumulated by thousands of years of culture has not been transformed synchronously. The traditional legal concept still affects the general public as a force of social habits, and its influence can often be found in the fields of legislation and law enforcement. Understanding and studying this tradition should be the responsibility of legal workers in the new era. At the same time, by studying the history of China's legal thought, by better grasping today's legal system and integrating the modern legal knowledge, we can improve our own quality and lay a more comprehensive foundation for our growth as a real "legal person".
Secondly, when studying the history of China's legal thought, we should establish the viewpoint of historical materialism and combine the thinkers' speech and social legal consciousness with the social and historical situation at that time. We should not only pay attention to the development track of academics and thoughts themselves, but also pay attention to the social and economic foundation that restricts the development direction of all superstructure, including academics and thoughts. The development of legal thoughts cannot get rid of this restriction; At the same time, the development of legal thought will also be influenced by the actual legal system implemented at that time. The realistic legal system not only provides a discussion topic for the development of legal thought, but also restricts the depth and breadth of the development of legal thought to a great extent without other legal systems as a frame of reference. Therefore, the study of this course should be based on the history of Chinese legal system.
The course is a prerequisite, so we should pay attention to the historical background of China. In ancient times, there was a saying that "Six Classics Note Me". As a consciousness of advocating innovation, this slogan is heroic; However, as a learning attitude, it is easy to make subjective assumptions or be satisfied with a little knowledge. When studying the history of China's legal thought, we should pay full attention to the long-term cultural accumulation in this respect, and we should not simply impose the conclusions of the ancients on others from a modern point of view, and label them as "decadent", "reactionary" and "progressive" at will. Or the intention is high, and the conclusion that "a certain point of view has existed since ancient times" is drawn. When mastering an ancient thesis, we should pay full attention to its context and sum up its exact meaning from the whole development context, and what influence it has on future generations. At the same time, we should carefully analyze the background of the times, and we can't easily judge that "so-and-so" thought is "the representative of so-and-so class".
Thirdly, studying the history of thought requires reading a considerable amount of original works and reference books. Of course, it is unrealistic to ask students to master all the legal works of a large number of thinkers in the history of China, but at least several representative works of ancient thinkers should be read during the course. This textbook notes that each chapter has compiled the most typical thinker's discussion paragraphs, and the general idea is generally translated into modern Chinese. However, if you really want to gain more in this course, you should read the original work carefully.
catalogue
order
The first part is the legal thought in the pre-Qin period.
The main points of this part
The first chapter is the early legal thought.
Section 1 Early Legal Concepts
First of all, some characteristics of our ancestors' thinking concept
Second, "lead the people to serve God"
Third, fate and punishment
Fourth, filial piety.
Section 2 Legal Thoughts in the Early Years of Western Zhou Dynasty
First, match heaven with virtue, respect heaven and protect people.
Second, "cautious punishment"
Third, kiss, respect and difference.
The second chapter is the Confucian legal thought.
The first part: the emergence of pre-Qin Confucianism and the changes of schools.
First, the formation of Confucian school.
Second, the main classics of Confucianism
Third, the Confucian school.
The second part is the main viewpoints of pre-Qin Confucianism.
First, about the origin of legislative power and law.
Second, the theory of benevolent governance.
Third, maintain the theory of monarchical power.
Fourth, the ethical code theory of maintaining hierarchical privilege.
V. Criminal law theory
Sixth, the theory of "rule by the people"
Seven, the theory of filial piety
Eight, the litigation theory of father and son keeping secrets.
The third part is the characteristics and historical influence of pre-Qin Confucian legal thought.
First, the characteristics of pre-Qin Confucian legal thought
Second, the historical influence of pre-Qin Confucian legal thought
Chapter III Legal Thoughts of Legalists
Section 1 the emergence and development of legalists
First, the pioneer of legalism in the Spring and Autumn Period
Second, the Legalist School in the Early and Middle Warring States Period
Third, legalists at the end of the Warring States Period.
Section 2 Main Legal Thoughts of Legalists
First, the legalist view of law.
Second, the Legalist theory of the rule of law
Third, legalists advocate the theory of "rule of law".
Section III Characteristics and Historical Role of Legalists' Legal Thought
First, the characteristics of legalist legal thought
Second, the Legalists absorbed other schools.
Third, the historical role of legalist legal thought.
The fourth chapter is the legal thoughts of pre-Qin philosophers such as Taoism and Mohism.
Section 1 Taoist legal thought
First, Taoism is natural and advocates the harmony between social order and natural order.
Second, oppose benevolence, righteousness, etiquette and law, and deny the existence value of various artificially determined norms.
Third, a small country with few people and nothing to do.
Fourth, carefree travel-a free life beyond all secular constraints and rules.
Section 2 Mohist Legal Thought
First, the origin of law: law originated from the need to unify the standards of right and wrong, good and evil in the world.
The second is the legal concept centered on "mutual love and mutual benefit"
Third, advocate the idea of "rule by man" in which saints govern the country.
Fourth, take providence as the basis of legal authority.
Section 3 Legal Thoughts of Other Schools
First, the legal thought of Yin and Yang family
Second, the legal thoughts of military strategists.
Third, the legal thoughts of celebrities.
Fourth, the legal thought of saints.
The second part is the legal thought after the formation of the unified situation.
The main points of this part
Chapter V Ancient Official Orthodox Legal Thought
The first section is the early evolution and stereotypes of China's ancient official orthodox legal thought.
First, the legal thought of Qin rulers
Second, the folk legal thoughts of Huang Lao in the early Han Dynasty
Third, after the mid-Han Dynasty, the official orthodox legal thought was initially shaped.
Fourth, the main contents of the official orthodox legal thought formed after the Western Han Dynasty.
Section II Development of Official Orthodox Legal Thought after Han Dynasty
First, the evolution of legal thought in the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties.
Second, the legal thought of "On the Laws of the Tang Dynasty"
Third, the rise of Neo-Confucianism and its influence on legal thought.
Section 3 Main legal concepts of ancient officials' law enforcement
First, the legal view of law enforcement personnel in Qin and early Han Dynasties
Second, the Spring and Autumn Period: the tendency of legal pragmatism after the mid-Western Han Dynasty.
Third, the spirit of legal pragmatism in the Southern Song Dynasty.
Fourthly, the mixed pragmatic legal view in the Qing Dynasty.
Fifth, a brief analysis of China's pragmatic legal view in ancient law enforcement.
The sixth chapter discusses the legal problems of thinkers in past dynasties.
The first section further discusses the orthodox legal thought.
On the Relationship between Morality and Punishment
Two. Discussion on whether the law should be universally applied.
Three. Discussion on timely implementation
Four. Discussion on whether corporal punishment should be resumed.
Verb (abbreviation of verb) on revenge
6. Discussion on whether "litigation" should be actively carried out.
Seven. Discussion on frequent forgiveness
The second section is legal thinking with suspicion and critical spirit.
First, based on the questioning and criticism of Taoist thought.
Second, based on the people-oriented thought of Confucianism, it is questioned and criticized.
Section 3 The system of imparting legal knowledge and selecting legal talents in past dynasties
First, the development of jurisprudence in past dynasties.
Second, the system of imparting legal knowledge.
Third, the system of selecting legal talents.
Chapter VII Legal Consciousness of Civil Society
Section 1 Litigation: Retaliation and Rights
First, the origin of injustice
Second, rights and remedies
Section 2 Litigation: Attitudes and Strategies
First, litigation attitude: health litigation, fear litigation
Second, litigation strategy: make things big.
Section 3 Revenge: People and Ways
First, the honest and upright chivalrous man
Second, revenge and retribution
The third part is modern legal thought.
The main points of this part
Chapter VIII Legal Thought in the Reform in the Late Qing Dynasty
The first section is the formation of the ideological trend of "political reform"
First, doubts and criticisms about the whole traditional legal system.
Second, advocate "reform" to call for "reform"
Third, Qiu Chen criticized the traditional penalty system and suggested improvements.
The second section discusses and advocates learning from the western legal system.
First, introduce and popularize knowledge of the world outside China.
Second, learn from western political reform thoughts.
Third, follow the western concept of "political reform"
Section 3 Legal Thought of Reform and Reform Movement
First, vigorously create public opinion on political reform.
Second, advocate constitutional monarchy.
Third, vigorously introduce western political and legal theories.
Section four: Legal thoughts during the New Deal and the revision of the law.
First, the proposal of "taking middle school as the body and western learning as the application".
Second, systematic research and suggestions for improvement of China's old law.
Third, the purpose of "connecting China and foreign countries" is to amend the law.
Fourth, the debate on etiquette and law in the revision of laws in the late Qing Dynasty.
Chapter IX The legal thoughts of the main political figures in the Republic of China and their influence on the law.
Section 1 Legislative Guiding Ideology
I. The Three People's Principles
Second, social standards.
Third, legislation should be enacted quickly, taking into account the national conditions.
Section 2 Constitutionalism and Constitutional Thought
First, the separation of functions and the five-power constitution
Second, the party governs the government.
Section 3 Other departmental laws and judicial thoughts
I. Civil law
Second, land law.
Third, judicial thought.
Chapter X Legal Thought of Legalists in the Republic of China
Section 1: Overview of Legalist Group in the Republic of China.
First, the background of the formation of legal groups in the Republic of China
Second, the characteristics of lawyers in the Republic of China
Third, legal education and law school in the Republic of China.
Section 2 Legal Thoughts of Legalists in the Republic of China
First, constitutional thought.
Second, the legislative thought
Third, criminal law thought.
Fourth, the thought of civil law
Verb (abbreviation of verb) Reflections on judicial reform
Section III Historical Influence of Legalists in the Republic of China
First, the disseminator of modern legal knowledge.
Second, the legal system of the Republic of China.
Three. Interpreter of the legal system of the Republic of China
4. Criticism of the legal system of the Republic of China
V. Founder of modern legal education
Six, the builder of modern law discipline system
postscript
★ Book review
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A textbook of the history of legal thought that no longer counts as a person.
Li feng
The History of China's Legal Thought is an elective course for law majors generally offered in China's law colleges. The main purpose of this course is to introduce the historical theory of law to students, so that students can introduce China's "national conditions" in the legal system.
The history of thought itself is a relatively profound subject. In order to introduce ancient legal thoughts to law students, most of the existing textbooks on the history of legal thoughts are divided into chapters according to thinkers. However, this "counting heads" structure will give students a fragmented impression, and it is difficult to grasp the context of the main legal schools in history. Moreover, every "head" should introduce his own ideas in all aspects, and it is inevitable to repeat them and it is difficult to highlight the key points. After all, law students are not students studying the history of China's thoughts and philosophy. What they need more may be textbooks that focus more on legal schools and viewpoints, which can inspire students to deepen their understanding of building a country ruled by law in Socialism with Chinese characteristics.
Fudan erudite recently published? The history of legal thoughts in China, a series of textbooks on law, is just such a textbook.
This textbook has made a bold and innovative attempt in the text structure: in the pre-Qin part of the first part, the traditional method of dividing chapters according to schools was adopted; The second part, after the formation of the unified situation of Qin and Han dynasties, all historical dynasties basically adopted chapters according to some topics that attracted more attention; /kloc-from the end of 0/9 to the first half of the 20th century, it was impacted by various new legal thoughts. The third part is divided into several groups according to the general tendency and professional fields of thinkers. Such a structure can make law students have an overall impression of the origin of legal concepts, and it is also convenient for students to grasp the key points of teaching.
Another important feature of this textbook is that the content is not limited to "human head", it not only introduces the legal theory and concepts of thinkers, but also devotes a chapter to introduce the popular legal consciousness and popular legal proverbs among ordinary people in traditional society. This is a groundbreaking feature of this textbook in the history of legal thought. The author of this chapter is Professor Xu (School of Law, Sun Yat-sen University), who has long paid attention to and studied the traditional folk legal consciousness. He collected information from local chronicles, note novels, opera proverbs and other historical materials, and introduced the attitudes and strategies of ordinary people towards litigation, as well as the concept of "retribution" widely held by people who want to be rehabilitated. Great changes have taken place in the legal system of modern China, and the legal theory has also been greatly updated. However, the update of folk legal knowledge is not completely synchronized with the evolution of legal concepts. Therefore, it is of great significance to study and summarize the characteristics of folk legal consciousness and introduce it to law students for understanding the national conditions of China's legal system.
Another feature of this textbook is the cautious principle adopted in the evaluation of "head" and genre. As for the legal thoughts of China, a hundred schools of thought contend and scholars of past dynasties, we should take the principle of restoring their true colors as much as possible, pay full attention to the long-term cultural accumulation phenomenon, and don't impose the judgment of the ancients from a modern point of view, and arbitrarily label the ancient "human head" as "decadent", "reactionary" and "progressive" as well as "so-and-so class viewpoint" and "so-and-so group representative". Try to sum up his point of view from the whole development context and make an evaluation from what influence it has on future generations.
This textbook inherits Fudan's erudition in content arrangement and text expression. The characteristic of the series of law textbooks "History of Chinese Legal System" is that reading materials such as "characters", "materials" and "explanations" are set up outside the basic teaching content and printed in regular script. For example, in Materials, some typical passages of thinkers are published in full text. Considering that ancient classical Chinese is difficult to read, it is generally translated into modern Chinese.
Today, while vigorously promoting the essence of traditional culture, the textbook History of Legal Thought is compiled with a serious and responsible attitude, striving for innovation and taking students as the foundation. I think such a textbook should be understood and welcomed by teachers, students and legal workers in the field of law education.