Journal paper

Issue No.	No. 43
Title	The formation and evolution of Monograph of Law in the Han & Tang’s Historiographies
Author	Chan Chun-keung
Page	1-48
Abstract	The purpose of this article is to examine the formation, evolution and establishment of the Monograph of Law [MoL] and analyze its writing style and legal thought based on the historiographies of Han & Tang dynasties. 1. MoL: The origin and purpose 　　The MoL in Han Shu recorded the evolution of legal system from Ancient China to the Eastern Han Dynasty. Its title and content consisted some distinct thinking of the author - Ban Gu, however, one should also note its relationship with another article – The Law Book in Shih Chi. The purpose of this MoL in Han Shu was not only focus in recording the historical events, but also analyzing the present situation. Based on the classical concept ,military was kind of penalty,therefore, MoL in Han Shu consisted the histoy of military.Followings are the viewpoint of Ban Gu towards military: 　　Virtue and morality were the fundamentals, and military force was the end. Treat people with humanity, and discourage unethical behavior. 　　On penalty system, there are 2 major loopholes in Han Dynasty as stated by Ban Gu: 　　i. Too many rules and regulations since Emperor Wu 　　ii. The quandary imbalance of legal system resulted from the abolition of corporal punishment since Emperor Wen 　　The remedial actions were to simplify the clauses to 3000 as stated in Sheng Shu and the resumption of corporal punishment. 2. MoL: Its evolution 　　The MoL in Wei Shu, composed by Wei Shou base on the ancient historical facts, was the only full circulation from the Southern & Northern of Wei & Jun dynasties. The birth of this article in Wei Shu was learnt from the Han Shu by Ban Gu, as well as to keep trace of the legal development and highlight its importance due to the frequent amendments in the Northern Wei dynasty. However, Wei Xi changed the name from The Monograph of Law to The Monograph of Penalty. The big difference between Wei Zhi and Han Zhi is the former’s solely coverage in legal including several critical cases but not the military aspect.Also, The Monograph of Penalty focused on the history of penalty rather than the codification. 3. MoL – its establishment 　　The MoLs in Jin Shu and Sui Shu was the result of following the footsteps of Masters Ban Gu & Wei Shou when composed them in the early stage of Tang Dynasty. In addition to the general information covering the origins and role at the beginning, it also documented the codification as well as the types and levels of penalty. It exerted tremendous influence in style and legal view points on the forthcoming MoLs, and established a formal status in the annals. Besides, there are special points worth noting in the MoL at the early Tang period: 　　a. The relationship between criminal law and order in the universe – pointed out that humanity and rites are natural. 　　b. Conditions of an ideal Legal System – Wide coverage, fair & simplicity. 　　c. The emphasis of equality – Emperor & government officials must abide by the law. 　　To conclude the development of MoL in the Han & Tang dynasties - The MoL in Han Shu set the scene, the MoL in Wei Shu evoluted its style, and the MoL of Jin Shu and Sui Shu fixed the content.
Keyword	Han Shu, Wei Shu, Jin Shu, Sui Shu, Monograph of Law
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