Journal paper

Issue No.	No. 45
Title	Appreciation and Explanation to The Tang Code of Tang’s Intellectuals: A Case Study in the Legal Reasoning of Bai Jü-Yi’s Bai-Dao Legal Precedent
Author	Chen Den-wu
Page	41-72
Abstract	This research paper is to inspect Bai Jü-Yi, as an intellectual, in Tang Dynasty. From Bai Jü-Yi’s Bai-Dao Legal Precedent to analyze the appreciation and explanation of Tang Code. 　　Bai-Dao legal precedent, was written by Bai Jü-Yi, is an exercise in composition after he passed the preliminary. There are some topics included it, for example historical records, annals, anecdotes, and conceptions. From its explanation, it developed the opinion and attitude of the morality and the order of law. 　　The constructions of the Bai-Dao legal precedent were divided into four categories. The first category is the criminal cases. The second category is the conjunction between the Confucianism and the law. The third category is the order under the Confucianism. All the other cases are included into the fourth category. This research paper will discuss the first category about the criminal cases. 　　The Legal Reasoning of Bai Jü-Yi’s Legal Precedent has some characteristics as following: The first is to attention on the legal elements; the second is note of the distinction between misdemeanor and felony; the third is the pursue the attitude of none litigation; and the four is taking into account between the Confucianism and the law.
Keyword	Tang Code, Bai Jü-Yi, Bai-Dao legal precedent, legal history, legal reasoning
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