Strengthening the Rule of Virtue and Finding Chinese Law in "Other" Places: Gods, Kin, Guilds and Gifts

Mary Szto, Hamline Law School

Abstract

Discussions about the rule of law in China today often do not consider the role of virtue or ritual. At the same time, many bemoan slow or no legal reform. Before the tumultuous events of the 20th century, traditional Chinese law (TCL) was remarkably continuous and stable for centuries. It was a blend of ritual and law focused on flourishing and virtue formation. Ritual was communion with, and law accountability to, the invisible spirit world. This inseparable blend spanned multiple jurisdictions, from state codes and courts to divine petitions and courts, to ancestral rites and family codes, to merchant codes and courts. Chinese law can be found in these ‘other places’, including gifts and feasts. Effective legal reform today should also include an exploration of current rituals and invisible accountability, multiple fora and a strengthening of the rule of virtue. Present-day practices of lavish gifts, banquets and wine, familiar to those who do business and practice law in China, become comprehensible within this framework.