Abstract
This article views the system of etiquette (li 禮, customary law) and law (fa 法, statutory law) as the complete set of rules that order a society. It is a foundational institution that has developed over a long historical period, originating in ancient times and being compiled and refined by cultural elites during the Axial Age, ultimately forming a set of classics. Written law founded in these classics, together with customary law, comes to constitute the legal order. This process spanned thousands of years and was not interrupted or replaced by changes in dynasty, ethnicity, political system, or economic structure; it represents the most valuable institutional wealth of a society. The Chinese system of etiquette and law, like those of other civilizations during the Axial Age, has been generated, developed, evolved, and honed to maturity. The Tang Code (Tanglü 唐律) serves as a typical representative of statutory law, being a deeply rooted institution in successful dynasties such as the Tang and Song. In modern times, under the impact of the West, this etiquette and law system faced challenges; after 1949, it was largely abandoned, leading to significant disasters. Given the need for a system of etiquette and law adapted to a market economy following China’s reform and opening-up, and in the absence of resources from the Chinese etiquette and law tradition, new laws were formulated by borrowing from Continental Roman law. While this new system has to some degree supported the market economy, certain deficiencies in the Continental legal system have rendered it less than satisfactory. The solution lies in the revival
Keywords
etiquette, law, institutions, China, history
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