David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Asian Philosophy 16 (1):49 – 64 (2006)
This paper refutes the hypothesis that Shang and Zhou law or penal law originated with the Miao tribe. After examining the sociological theory that custom is the basis of law, I focus on the role of ritual-action and law in Shang and Zhou China embodied in the military, the administrative operations at court, and in the records and literature, to show that the scientific position provides a reasonable interpretation that the Shang people originated their own law. The evidence for Shang and Zhou law is examined. Finally, I critique the hypothesis for the non-Chinese origin of Shang law.
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