Abstract
The reality that judging legal cases in Chinese traditional period was not strictly based on codes is probabily the main reason of criticism for of the haphazardness of Chinese traditional judicatory. To people who lives in modern time, the content of Tian- Li (天理) is generally thought to be extremely ambiguous, especially when Tian- Li (天理) was used as the bases of law in legal case judgments. Therefore basically, inexplicitness is considered to be a typical characteristic which belongs to Chinese traditional judicatory. Anyhow, this article is trying to explore the possible content of Tian- Li (天理) when it was used as the base of law in specific legal cases judgments and also to explore the well-regulated characteristic of the judicial activities, if there was any. Moreover, this article tries to prove that the words which people now commonly use to describe Tian-Li (天理) and Chinese traditional judicatory, such as hyper-abstract and hyper-uncertainty, exact to people of modern times, but not those who lived in traditional times.
Keywords
Tian-Li (天理), Qing (清)Dynasty, Judgment, Lu-Li (律例)
Cite
Citations are generated automatically from bibliographic data as a convenience, and may not be complete or accurate.
