On the Origin of Shang and Zhou Law

Author: Sellmann, James D.

Source: Asian Philosophy, Volume 16, Number 1, Number 1/March 2006 , pp. 49-64(16)

Publisher: Routledge, part of the Taylor & Francis Group

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Abstract:

This paper refutes the hypothesis that Shang and Zhou law or penal law originated with the Miao tribe. After examining the sociological theory that custom is the basis of law, I focus on the role of ritual-action and law in Shang and Zhou China embodied in the military, the administrative operations at court, and in the records and literature, to show that the scientific position provides a reasonable interpretation that the Shang people originated their own law. The evidence for Shang and Zhou law is examined. Finally, I critique the hypothesis for the non-Chinese origin of Shang law.

Document Type: Research article

DOI: 10.1080/09552360500491866

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