Zhang Jiashi didn't think too much about the Qin system, but for some of the laws that had been amended, Zhang Jiashi adopted a more coercive method, and this method was more based on the revision of the law. (Family)

During the long period of time traveling to the Qin Empire and taking charge of the local military administration of the empire to the core center of power, Zhang Jiashi realized one thing, that is, for the law, effective execution is the most important place.

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The Spring and Autumn Period and the Warring States Period in Chinese history can also be said to be the era when the legal foundation of China emerged.

In the Spring and Autumn Period, it may be because of the decline of the majesty of the Zhou royal family, and the dominance of the Zhou rites was also hit very seriously, at this time, there was no support of etiquette in the hearts of the people, and the personnel in many places became unself-disciplined, so that many times things that could not be supported became taken for granted, among them, there were murders in many countries, and the situation of civil strife was one of the manifestations of this.

Later generations had a view that the construction of institutional norms must be legitimate.

Zhou Li is a representative of this kind of institutional norms in the absence of law.

In this viewpoint, the "love and benefit" of inferior love will lead to conflicts of interest, and it is necessary to establish some kind of institutional norms to solve this conflict of interests. This means that the construction of institutional norms must transcend the love of inferiority and pursue the benevolence of oneness. This is what the principle of legitimacy requires.

The so-called "legitimacy" first requires the fairness of the system design. The key to justice is the concept of "public": justice is right, and injustice is not right. What is involved here is the relationship between "public" and "private". The concept of "public and private" has long been present in Chinese cultural traditions. Of course, there is a difference between the ancient concept of "public and private" and the modern concept of "public and private"; however, this difference is not at the level of "righteousness", but only at the level of "etiquette".

In other words, the distinction between public and private is itself a universal distinction, and the distinction between private and public is also a universal principle, and the specific way in which this universal principle is realized at the institutional level varies from time to time and from place to place, that is, depending on the specific way of life of different times or regions.

In the era of the creation of "Zhou Li", the distinction between "public and private" at the level of institutional norms has its specific historical content.

For example, "Xia Guan Sima Da Sima" said: "The big beast is public, and the small bird is private." "The Autumn Lawsuit Kou and the Scholars" also said: "Whoever gets bribes for goods, the people, and the six animals is entrusted to the court, sued by the scholars, and raised them in ten years, the big ones are public, and the small ones are private for the people." In the social lifestyle of the time, for example, in the social structure of "the individual → the family→ the country → the world", the family was public for the individual and private for the state, and the state was public for the family and private for the world.

However, at the same time, the "Zhou Li" contains a more fundamental general concept of public and private at the level of the principle of justice (righteousness), which means that no matter under any way of life, the starting point of the construction of institutional norms must be selfish and public.

The embodiment of this general concept of public and private in the matter of justice is the concept of "justice". For example, "Tianguan Xiaozai" talks about the fairness of the officials' administration of clean government: "The six strategies of listening to the government and the government are the rule of the officials: one is honest and good, the second is honest and competent, the third is honest and respectful, the fourth is honest, the fifth is honest and the law, and the sixth is honest and discerning. Zheng Note: "It is not only based on six things, but also based on honesty"; Positive, there is no evil in the line". Jia Shu: "Those who are 'upright and do nothing evil' will be honest in their actions and fair and selfless in their words. This is an example of a general notion of impartiality.

However, Jia Shu's "impartiality and selflessness" is not a very accurate understanding, because "justice" does not mean "selflessness". For example, "oneself wants to establish one, oneself desires to achieve one's own desires" does not mean to deny "oneself desires" and "oneself desires to achieve", "self-denial" does not mean "self-destruction", and so on. In fact, this is a kind of "middle way" principle: neither harm the public because of private interests, nor destroy private interests with public interests.

The so-called "legitimacy" also means that the fairness of the system design is required. The concept of fairness is often expressed in Chinese cultural traditions as "even" or "even". Confucius said: "Qiu also heard that those who have a country and a family do not suffer from widowhood but inequality, and do not suffer from poverty but suffer from anxiety." There is no poverty, no widowhood, and no inclination. ”

The "Zhou Li" also uses the concepts of "even" and "equal" to express the fairness required by the principle of legitimacy.

The original meaning of "even" refers to the equal and uniform distribution of land.

"Shuowen" explains: "Even, even. ”

"Di Guan? Xiao Situ" said: "It is the land that is equal to its people, and it is known that there are seven people in the upper family, three in the family of the one who can be appointed, six in the middle of the family, two people in the family of five who can be appointed, five people in the lower family, and two people in the family of the other." There is also a distinction here: "equal land" embodies the fairness required by the general principle of justice, while the division of upper land, middle land, and lower land is its specific institutional design.

By extension, one of the basic purposes of the establishment of such a system is to "equalize the use of money", that is, to distribute benefits appropriately and appropriately in an orderly structure.

For example, "Tianguan Dazai" said: "Nine styles are used to save money." "Jia Shu:" The formula is as much as usual, and the financial method is also used"; These nine are also in priority according to the priority of respect and humility."

"Tianguan Xiaozai" also said: "To govern the country, to level the country, to equalize all the people, to save money." ”

Jia Gongyan explained "Tianguan Tsukasa Zai" "Junbangguo" and said: "Yun's 'Zuowang Junbangguo' is also used for wealth and wealth in Dazai's hands. ”

The distribution of land is a one-time distribution of wealth. On the basis of this distribution, the "Zhou Li" set up officials of "Tujun" and "Junren", who were responsible for taxation and forced labor, which belonged to the secondary distribution of wealth.

The institutional design of the "Zhou Li" belongs to the category of "rites", which can be "profit and loss", but this system design is based on the fairness required by the principle of "righteousness", which is a universal principle.

It should be noted that the principle of "equalization" and fairness is by no means an egalitarian principle. A typical misunderstanding of egalitarianism about fairness and equality is that the distribution of benefits is based on the method of dividing the interests by the interests (denominator). Moreover, this egalitarian institutional design is still unrealistic, and even the principle of "equality" in modernity has always been in the process of institutional change in the historical process of modernization.

The essence of the "righteousness" of fairness and equality lies in the establishment of an order in which people receive an appropriate and appropriate share of benefits.

For example, "Tianguan Gongbo": "Perform its rank and description"; At the end of the month, the rank is even, and at the end of the year, it is even". Zheng Note: "Rank, Lu Li. Talk, just wait. Jia Shu: "The rank is according to the rank of the class, and the narrator is the second in talent." The specific form of this order structure, i.e., "rites," is historically subject to changes in profit and loss, but no matter how the profits and losses are changed, order must manifest itself as a structural system, and any social structural system must manifest itself as a difference in "rites and differences."

The change in profit and loss of institutional norms involves another principle of justice in the Chinese theory of justice: the principle of suitability. In fact, equity cannot be implemented without discussing the issue of suitability. Clearly, benevolent motives do not necessarily lead to good results, and in the same way, institutional construction with a legitimate starting point does not necessarily guarantee that such institutions will have good outcomes. Thus, if the principle of justification is a principle of motivation, then the principle of suitability is a principle of effectualism. The principle of suitability requires that the design of institutional norms must take into account the specific way of life under specific time and space conditions.

Therefore, the "Zhou Li" attaches great importance to the suitability of institutional design.

In the whole book of "Zhou Li", the word "righteousness" only appears 4 times, while the word "yi" appears as many as 49 times. The first is the general concept of paying attention to the expediency of time and place, such as:

All food is seen in spring, soup is in summer, sauce is in autumn, and drink is in winter. Where and more, the spring is more sour, the summer is more bitter, the autumn is more spicy, the winter is more salty, and it is smoothy and sweet. Where the diet is appropriate, cattle should be cropped, sheep should be millet, pigs should be millet, dogs should be sorghum, geese should be wheat, and fish should be barley.

This concept of expediency and expediency is embodied in the question of the principle of institutional construction, which forms the principle of suitability as one of the principles of justice.

The principle of suitability includes two aspects: suitability and suitability. Geography is a basic concept in Chinese cultural tradition, as the "Zhou Yi Department of Resignation" said: "Looking up is to observe the image in the sky, looking down is to observe the law in the ground, watching birds and beasts in the text, and the earth is appropriate." "Diyi, "Zhou Li" is sometimes called "Tuyi":

With the method of soil suitability, distinguish the famous things of two out of ten, know their interests and disadvantages with the people's houses, use the people of Fu, use the birds and beasts, use the grass and trees, and let the soil affairs; distinguish the things with two out of ten and know their species, so as to teach the art of arboriculture. Zheng Note: "The twelve lands are divided into twelve states, and the upper system is twelve times, each of which is suitable." Jia Shu: "There are twelve times in the sky, where the sun and the moon are, and there are twelve earths on the earth, where the prince is located." ...... Therefore, it is known that there are 12 states in the field, and the upper system is 12 times, and each has its own suitability. ”

Whoever governs the field with the following agents to cause the proper, to the field to the prosper, to the joy of disturbing the proper, to the soil to teach the proper, to prosper the profit, to persuade the proper, to give to the retainer, to the land to level the government.

Jia Shu: "Those who 'teach crops with soil should be taught to grow millet in the high fields and rice and wheat in the fields, which are the crops of teaching. ”

The method of the earthwork clan to control the land is so that the sun is beautiful, the land is used to build the state and the capital is despised, and the land is granted by the method of distinguishing the land and being suitable for the soil.

Zheng Note: "Tuyi is suitable for Jiugu." ”

Jia Shu: "The saying 'soil is suitable' is clearly suitable for the land." ”

Although the above "soil suitability" refers to the land suitable for cultivating crops, rather than the issue of institutional norms, it also reflects the general concept of land appropriateness in the "Zhou Li".

This general concept of appropriateness is embodied in the design of the system, that is, the suitability of the place. For example, the design of the Si Jia system: "The Si Jia is in charge of patrolling the crops of the state and the wilderness, and distinguishes the seeds of the barley, knows its name, and takes it as the law and hangs it in the Yilu." The embodiment of the principle here is "the law of the place that is appropriate", that is, the law of the place of appropriateness.

As quoted above in the "Da Situ" on the design of the accounting system for tribute tax,

Zheng Note: "The law of calculating tribute taxes by land is different from these five." Jia Shu: "The law of paying tribute tax to the club based on land." The tribute tax comes from the five places, so it must be said that the five places are different. This method of tribute tax is to determine the accounting system for tribute tax according to the different production of different lands.

Regarding the appropriateness of time, "Zhou Li" can be said to be extremely concerned, and even the word "time" appears 131 times in the whole book. In fact, this is also a very prominent feature of Confucian culture and even the entire traditional Chinese culture. The design of many systems and norms of the "Zhou Li" fully takes into account the issue of timeliness, such as:

Lu will control the people and the number of six animals in the country and the suburbs, so as to do whatever he can, wait for his decrees, and levy his endowment at the right time.

Then they will take charge of their own decrees and prohibitions, and in time they will be given to the widows, six animals, and chariots of their husband's house, and they will be able to give alms, and those who can be used.

The chief of the drunken government is in charge of his own decree, and the colonel is in his husband's house, and he is outnumbered by the others, so as to govern his funeral discipline and sacrifices.

Lin Heng was in charge of the ban on patrolling the forest foothills, and he kept it, and rewarded and punished the forest foothills by time.

Chuan Heng is in charge of patrolling the ban of Chuanze, and he keeps it at the same time, and he is punished for violating the ban.

In the design of these official systems, "time" has always been a basic consideration principle. The original meaning of "time" refers to the four seasons of spring, summer, autumn and winter, and by extension, refers to the time in a general sense, such as hours, days, seasons, seasons, periods, eras, and so on. [12]

"Local Officials Situ Mediation People": "Whoever kills people and is righteous, different countries, let them not be punished, and those who are punished will die." ”

This is a system design of the "Zhou Li": under certain circumstances, the revenge of the private suicide is also justified, and there is no need to pay for life. The reason why the revenge of the private suicide was justified at that time was essentially a question of suitability, so Zheng Zhu said: "Righteousness, it is appropriate." If it is said that the father or brother of the father or the elder of the teacher who has tasted humiliation and kills him, if it is appropriate, although the father and brother of the person who killed him must not be punished, so that he will not be of the same country. ”

This suitability mainly refers to the timeliness, so Jia Gongyan Shu said: "The ancients are hostage, so the three are humiliated and killed." That is to say, the practice of revenge for suicide is not justified and appropriate in any time and place. It is the principle of suitability itself that is truly universal, not a specific institutional norm that once had suitability.

There is a system in the "Diguan Matchmaker": "In the month of mid-spring, men and women will be ordered." So the time is also, and the runners can't help it. "The relationship between men and women has always been one of the most important relationships in the institutional norms, and the institutional norms of the relationship between men and women are also changing, and the principle basis of this change is mainly timeliness. Zheng Xuan's note: "In the middle of spring, yin and yang intercourse, in order to become a gift, when the sky is good"; When the sky is heavy, the right is also allowed". Jia Gongyan Shu: "The cloud 'is the time', which is said to be the middle of spring." This month is the month of marrying a daughter, and if there are parents who do not marry or do not marry, they will run to each other, and they can't help it. However, 'people are rude, and they do not die without recklessness', and they are worthy of being courteous. Zheng Yun's 'right to allow it' is actually not a proper courtesy. Jia Shu thought that Zhongchun allowed men and women to elope, which was indecent or indecent.

In fact, the "Zhou Li" included this article in the "Zhou Li" as a supplementary provision to the "Men and Women of the Moon Order Meeting in the Middle Spring", which means that "those who are not bound to run when the time comes" itself is also a kind of etiquette, that is, a kind of institutional norm.

There is a more fundamental issue at stake here. The so-called "right", "Mencius: Lilou Shang" has this interpretation:

"Chun Yu said: 'Men and women are not kissed, and the rites are with?' Mencius said: 'Rites are also.' He said: "If your sister-in-law is drowning, you will help her?" and he said: "If your sister-in-law is drowning, she is a jackal." Men and women are not kissed, and those who are not given and received by their sisters-in-law are also powerful. Mencius's remarks actually have a deeper meaning: propriety is not the fundamental principle, but the fundamental principle is benevolence and righteousness.

Jia Shu said: "The right of the husband is the way, so the economy changes, sometimes it is true, sometimes it is not, and it is good against the scriptures, which is the way of power." Therefore, the power cloud is the quantity, light or heavy, and it changes with things. "It's good, but it's not thorough enough. In fact, the right is appropriate, that is, righteousness, and according to this, etiquette can be broken through and formulated separately.

The reason for formulating the norm of "those who run at the right time cannot help it" is mentioned in the commentary on two points: one is the "month of mid-spring", that is, "the month of marrying a woman", which is a specific seasonal condition; the other is that "if there are parents who do not marry and do not marry", this is the specific actual situation, and in fact, it also involves a larger timely condition, that is, the problem of the times. At that time, the population reproduction of the clan was one of the most important problems, so the "mid-spring moon runner can't help but be forbidden" was actually a kind of "natural law" at that time, that is, a kind of ritual.

The whole set of social system norms in "Zhou Li" is designed and constructed on the basis of such principles of justice (the principle of legitimacy and the principle of suitability).

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