Ordinances (ling) in the legislation of the Qin dynasty

• Applicant: Privatdozent Dr. Ulrich Lau
• Subject Area: Asian Studies
• Term: from 2016 to 2019
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 283927148

The aim of the project is to make a collection of newly discovered official ordinances (ling) accessible for sinological research and legal history. These ordinances, written on bamboo slips dating from the time with China's first founding empire, the Qin (221-207 BC), were acquired by the Yuelu Academy in Changsha in 2007 and are now open for research. They are particularly significant for comparative legal history. As the earliest legal ordinances in existence for East Asia, a detailed investigation promises new and valuable insights into the use of this form of legal rules in the development of effective administration during the first Chinese empire, and demonstrates the function of different types of highly specialized and innovative procedures, by which new ordinances were introduced. This is particularly important because it is generally assumed that the legal system of the subsequent dynasty, and hence the foundation of all Chinese law, was drawn from the Qin legal system. A monograph providing a complete annotated translation and an analysis of the contribution of Qin ordinances to Chinese legal history will make such valuable material available for general study by all legal historians. Only recently has the existence of Qin ordinances become known, which show an amazingly dynamic and flexible legislation instituted by the short-lived Qin Dynasty. The Qin institutionalized procedures for introducing new draft ordinances so that the emperor could immediately respond to new situations as he founded his new empire. The Qin system integrated officials from different administrative levels, from the local to the central, providing graduated amounts of independence regarding the application of particular laws. In some cases, local administrators could initiate provisions as needed. In effect, the Qin ordinances reveal that the system relied upon a balance of imperial authority and the local enacting of the law. The local officials had to comply with all legal regulations issued by the imperial court, but at the same time they were given the power to adjust the law to fit local circumstances. This method allowed the Qin to control a vast territory encompassing people of different cultural and historical allegiances. In a conclusive comparison, the Qin ordinances will be compared with those of the subsequent Han Dynasty in order to clarify whether the legislative procedures for introducing ordinances, or individual ordinances from the Qin were adopted by their successors after the dynastic change, and thereby had a long-lasting impact on ancient Chinese law.

• DFG Programme: Research Grants