Exploration of the Origin of Ancient Chinese Written Laws——On the Conflict and Compromise Between Royal and Divine Powers
Liang Qichao's misunderstanding of the concept of"written law"as the difference between written law and customary law is a misunderstanding of the Western concept of written law.According to the relevant definitions of written law and customary law,the difference between the two lies in the way in which legal effect is generated.Therefore,during the Warring States period,"cast punishment books""cast punishment tripods"and"bamboo punishment",etc.cannot be considered as written law.During the process of relocating the capital,Pangeng attempted to change the customary laws that were continued in the early Shang Dynasty,so at least during the Pangeng period,the emergence of written laws began.The emergence of written law is the result of the continuous expansion of royal power,and this process is not a replacement for customary law.Habitual law still plays an irreplaceable role in the process of national governance.
written lawcustomary lawPangeng relocated his capitalroyal powertheocracy
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