Abstract
The main problem of the legal system in Han dynasty was being prolix and disorganized. The problem of prolixity was a result of the writing materials, and changing this prolixity into conciseness was deemed necessary in the age of bamboo clips. The problem of disorganization was not only about the legal system as a whole, but also about some particular clauses. Bringing order to this disorganization requires well-defined legal categories. The methodic reorganization of the legal system also served as an important factor in solving the issue of prolixity. During the entire Han dynasty, the absence of taxonomy and relevant academic theory resulted in the inability to make systematic classifications. Consequently, thoughtless deletion of legal clauses created a vicious cycle, resulting in a failed attempt of revolutionizing the legal system. In the Wei dynasty, the advent of Minglixue (theory of names and logic) helped to promote the development of taxonomy in China. The formulation of Xin lü was under the principle of focusing on classification (du zong shi lei), which made a decisive contribution to the classification of the law, and completely solved the former problem of disorganization. Besides, by adopting Zheng Xuan’s explanations, Xin lü also partly solved the problem of prolixity of the Han laws. Inheriting this tradition from Xin lü and embracing principles of Chinese metaphysics such as simplicity and conciseness, Taishi lü in the Western Jin dynasty focused on limiting the number of legal clauses as well as number of words used. In short, legal system in the Jin dynasty was much more concise and organized.
Keywords
prolixity and disorganization, simplicity and conciseness, classification, precise expression in few words
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