The Great Ming Code: Da Ming LüImperial China's dynastic legal codes provide a wealth of information for historians, social scientists, and scholars of comparative law and of literary, cultural, and legal history. Until now, only the Tang (618-907 C.E.) and Qing (1644-1911 C.E.) codes have been available in English translation. The present book is the first English translation ofThe Great Ming Code(Da Ming lu), which reached its final form in 1397. The translation is preceded by an introductory essay that places the Code in historical context, explores its codification process, and examines its structure and contents. A glossary of Chinese terms is also provided. One of the most important law codes in Chinese history,The Great Ming Coderepresents a break with the past, following the alien-ruled Yuan (Mongol) dynasty, and the flourishing of culture under the Ming, the last great Han-ruled dynasty. It was also a model for the Qing code, which followed it, and is a fundamental source for understanding Chinese society and culture. The Code regulated all the perceived major aspects of social affairs, aiming at the harmony of political, economic, military, familial, ritual, international, and legal relations in the empire and cosmic relations in the universe. The all-encompassing nature of the Code makes it an encyclopedic document, providing rich materials on Ming history. Because of the pervasiveness of legal proceedings in the culture generally, the Code has relevance far beyond the specialized realm of Chinese legal studies. The basic value system and social norms that the Code imposed became so thoroughly ingrained in Chinese society that the Manchus, who conquered China and established the Qing dynasty, chose to continue the Code in force with only minor changes. The Code made a considerable impact on the legal cultures of other East Asian countries: Yi dynasty Korea, Le dynasty Vietnam, and late Tokugawa and early Meiji Japan. Examining why and how some rules in the Code were adopted and others rejected in these countries will certainly enhance our understanding of the shared culture and indigenous identities in East Asia. Jiang Yonglinis assistant professor of history at Oklahoma State University. "Anyone who wants to get an overview of the important landmarks of law over the broad sweep of Chinese history will want to consult this work. There is no alternative in a Western language for scholars to use."--James V. Feinerman, James M. Morita Professor of Asian Legal Studies, Georgetown University Law Center "Useful for historians as well as legal scholars because it supplies a missing link between the translations of the Tang and Qing codes."--John W. Dardess, University of Kansas |
Contents
Acknowledgments | xxvii |
The Making of The Great Ming Code | xxxiii |
11 | lxv |
23 | lxxxix |
84 | xcii |
The Imperial Preface to The Great Ming Code | 3 |
CHAPTER 1 | 17 |
CHAPTER 2 | 52 |
Making Magical Inscriptions and Magical Incantations | 155 |
Stealing Imperial Decrees | 156 |
Stealing Plants or Trees within the Imperial Mausoleum | 157 |
Ordinary Persons Stealing Money or Grain from Granaries or Treasuries | 158 |
Forcible Robbery | 159 |
Forcibly Taking in Daytime | 160 |
Stealing Horses Cattle and Other Livestock | 162 |
Obtaining Property by Threats | 163 |
Explaining and Reading the Code and Commandment | 59 |
CHAPTER 3 | 69 |
222 | 75 |
Discarding or Destroying Things Such as Utensils | 81 |
Marriages | 82 |
Mortgaging or Renting Out Wives or Daughters | 83 |
Expelling SonsinLaw and Marrying Off Daughters | 84 |
Marrying Off or Taking in Marriage While Parents Are Imprisoned | 85 |
Marrying Women or Daughters of Those under the Officials Jurisdiction as Wives or Concubines | 86 |
Forcibly Seizing Wives or Daughters of Honorable Families | 87 |
Marriages by Mongols and Semu People | 88 |
Punishments for Matchmakers and Others Who Arrange Marriages That Violate the Code | 89 |
Granaries and Treasuries | 90 |
Rules of Coinage | 91 |
Collecting Too Much Grain Tax above the Level of the Grain Measures | 92 |
Fraudulently Issuing Invoices or Receipts | 93 |
Borrowing Money or Grain without Authorization | 94 |
Deceitfully Embezzling by Weighers in Granaries and Employees | 95 |
Failing to Discover Theft in Granaries and Treasuries | 96 |
Creating Obstructions in Receiving or Issuing Government Goods | 97 |
Transmitting Government Goods | 98 |
Deciding the Seizure of Illicit Goods Improperly | 99 |
Taxes | 100 |
Supervisory Officials or Functionaries or Powerful Persons Engaging in Salt Transactions | 103 |
Illegal Transactions in Tea | 104 |
Monetary Obligations | 105 |
Consuming Property Received in Deposit | 106 |
Markets | 107 |
CHAPTER 4 | 110 |
CHAPTER 5 | 120 |
Military Administration | 127 |
Reporting Military Matters | 128 |
Reporting Military Information at Full Speed | 129 |
Violating the Time Limit in Following Orders to Go on Campaigns | 130 |
Commanding Officers Failing to Defend Their Positions Tenaciously | 131 |
Failing to Train Soldiers | 132 |
Selling Military Horses without Authorization | 133 |
Allowing Military Soldiers to Abandon Service | 134 |
Employing Military Officers or Soldiers by Dukes or Marquises without Authorization | 135 |
Treating Military Dependents Preferentially | 137 |
Guard Posts and Fords | 138 |
Causing Difficulties at Checkpoints | 139 |
Sending Wives or Daughters of Military Deserters out of Cities | 140 |
Employing Constables without Authorization | 141 |
Breeding Horses | 142 |
Failing to Break and Train Government Horses | 143 |
Livestock Biting and Kicking People | 145 |
Government Messengers Demanding to Borrow Horses | 146 |
Inspection of Postal Relay Stations | 147 |
Damaged Postal Relay Station Buildings | 148 |
Excessively Using Postal Horses | 149 |
Documents That Should Be Provided with Postal Relay Station Services for Delivery but Are Not Provided | 150 |
Occupying the Best Rooms of Postal Relay Stations | 151 |
Carrying Private Goods While Riding on Government Animals Carriages or Boats | 152 |
CHAPTER 6 | 154 |
Kidnapping Persons or Kidnapping and Selling Persons | 164 |
Uncovering Graves | 165 |
Entering Others Houses at Night without Reason | 167 |
Jointly Plotting to Commit Robbery | 168 |
Taking Goods Openly or Secretly Each Constitutes Robbery | 169 |
Plotting to Kill Imperial Emissaries or Ones Own Superior Officers | 170 |
Killing Adulterous Lovers | 171 |
Extracting Vitality by Dismembering Living Persons | 172 |
Killing Others in Affrays or by Intention | 173 |
Husbands Striking Transgressing Wives or Concubines to Death | 174 |
Injuring Others with Bows and Arrows | 175 |
Incompetent Physicians Killing or Injuring Others | 176 |
Making Private Settlements When Superior or Older Relatives Are Killed by Others | 177 |
The Period of Responsibility for Crimes | 179 |
Quarreling within the Palace | 180 |
Associate or Other Subordinate Officials Striking Head Officials | 181 |
Officials of the Ninth Rank or Above Striking Head Officials | 182 |
Honorable and Mean Persons Striking Each Other | 183 |
Wives or Concubines Striking Husbands | 185 |
Relatives of the Same Surname Striking Each Other | 186 |
Striking Superior or Older Relatives of the Second Mourning Degree | 187 |
Wives or Concubines and Husbands Relatives Striking Each Other | 188 |
Striking Sons of Wives by Their Former Husbands | 189 |
Wives or Concubines Striking Parents of Deceased Husbands | 190 |
Associate or Other Subordinate Officials Cursing Head Officials | 191 |
Cursing Paternal Grandparents or Parents | 192 |
Making Anonymous Written Accusations of Offenses against Others | 193 |
Withdrawing from Trying Cases | 194 |
Making False Accusations | 195 |
Violating Status and Offending against Righteousness | 198 |
Sons or Sons Sons Violating Instructional Orders | 200 |
Instigating Litigation | 201 |
False Accusations of Offenses Punishable by Military Exile or Banishment | 202 |
Committing Crimes Involving Illicit Goods Obtained through Malfeasance | 204 |
Accepting Property after Completing the Matters | 205 |
Officials Extorting or Borrowing Property from Others | 206 |
Household Members of Officials Extorting Property | 207 |
Retaining Stolen Goods | 208 |
Deceitfully Transmitting Imperial Decrees | 209 |
Replying to or Memorializing the Emperor Untruthfully | 210 |
Privately Casting Copper Cash | 211 |
Deceitfully Impersonating Officials | 212 |
Court Attendants Deceitfully Claiming to Be on Private Missions | 213 |
Committing Fornication | 214 |
Committing Fornication with Relatives | 215 |
Falsely Accusing FathersinLaw of Fornication | 216 |
Committing Fornication during the Period of Mourning or by Buddhist or Daoist Clergy | 217 |
Miscellaneous Offenses | 218 |
Judgment and Imprisonment | 226 |
CHAPTER 7 | 243 |
Glossary | 249 |
293 | |
301 | |