The Treatise on Law

Abstract

The Sui shu ‘Xingfa zhi’ (Treatise on Law), together with the respective treatises of the Wei shu and Jin shu, represents a precious source for our understanding of the history of Chinese law between the Han and Tang, as no other legal documents from this period have come down to us. Of the Five Dynasties (502–618) legal institutions described in the Sui shu ‘Xingfa zhi’, those of the Northern Dynasties are of foremost importance as they directly influenced the content of the Tang Code, the culmination of traditional Chinese law. Considering the uniqueness of this type of source and the objectives of their authors, the ‘Xingfa zhi’ genre must be read with a careful eye. It is necessary to go beyond the moral lessons displayed there so as to grasp essential information on the process in action during this period that led to the consolidation of Chinese law. As such, we will focus on two main issues discussed in the ‘Xingfa zhi’: the portrayal of a good lawmaker and the definition rightful punishments.