Taoism And Chinese Traditional Legal Culture

The relation between religion and law is one of the most important topics in the field of science of legal history. Compared with the western legal tradition , there is not dependent religion legal system in ancient China, and the influence of the religion on the national law is not remarkable. However, the religion in ancient China has affected the legal concept, behavior norm and judicial practice in the special way. This dissertation focuses on the effect of Taoism on Chinese traditional legal culture.The dissertation consists of five chapters as follows.The first chapter regards Taoist discipline as law in legal sociology perspective, and introduces the development, content,relationship between Taoist discipline and national law.The second chapter discusses the influence of Taoism on the legislation in ancient China. The theory of quiet and inaction of Taoism has had a certain influence on the guiding ideology of Chinese legislation especially in Tang and Song Dynasty. Shi Zhi Zhai and San Yuan Days were absorbed by national law. Besides, The emperors often issued edicts to forbid to butcher animals in some festivals characteristic of Taoism.The third chapter probes into the relationship between Taoism and traditional justice. Taoism formed the karma theory centering on“retribution on descendants”, and that has had a certain impact on the traditional judicial idea and practice. Chenghuang trial demonstrated religious factor in traditional justice. The inquisition by torture was also affected by Taoist baboo of time. Moreover, The pardon had close relation to the worship of Taoism.The forth chapter ,through Chinese ancient customary law, introduces how Taoism moulded the masses'behavior rule and life order. In the following four perspectives, such as industry and commerce regulations, the convention of signing contracts,the custom of selecting an auspicious day and family law, this chapter tries to elaborate the effect of Taoism upon the essence,content and form of the Chinese ancient customary law.In the fifth chapter, we will discuss the role of the Taoist morality books in the legal education in Ancient China. These popular books became significant approach for the common people to obtain legal knowledge, and also helped to carry out national law.Finally, we will briefly conclude the influence of Taoism upon Chinese traditional legal culture, and thus the religious deminsion of Chinese traditional legal culture will be shown.