A Philosophical Perspective on the Breakdown of the Rule of Man Element in Ancient Chinese Laws

Abstract

Under the development of the Chinese legal system and monarchical authoritarianism, the influence of human rule and emotions remains prominent. Consequently, the characteristics of the law can appear somewhat awkward, as the concept of rule by man, in a broad sense, may encompass human emotions to a certain extent. In addition to the fact that there is no dichotomy between "law" and "legal" in the Western sense in China, the ontological foundation of law is slightly thin, and it is important to seek metaphysical support for ancient Chinese law in order to explore the pure essence of ancient Chinese law. The application of law in China also echoes the poorly-ordered pattern of vernacular society and clan norms, so that the implementation of the law is often bound by human feelings, and only after jumping out of such constraints will the Chinese legal system be able to glow with the glory of "law". This search should not be based on contemporary perspectives but should be explored from the traditional Chinese philosophical thought that gave birth to ancient Chinese law.