Vestiges of the Clan System in Pre-Qin Penal Codes:A Preliminary Study

【摘要】 <正> ,maintains that there were no virtually laws in primitive society.However, people were required to abide by popularly observed rules-customs.With theevolution of a class society from a clan society and the coming into being of the state,old practices such as clan revenge,swearing oaths and divine punishment,and hu-miliation as punishment were still prevalent in China.They were then transformedinto a component part of the law,different in nature and function from what they hadbeen.Similar cases could be found in many other ancient countries.By the War-ring States period,these vestiges of the clan system in the penal codes could hardlykeep abreast of the times and hindered the implementation of a new legal system.As a result,they gradually died out.更多还原

【Abstract】 ,maintains that there were no virtually laws in primitive society.However, people were required to abide by popularly observed rules-customs.With the evolution of a class society from a clan society and the coming into being of the state, old practices such as clan revenge,swearing oaths and divine punishment,and hu- miliation as punishment were still prevalent in China.They were then transformed into a component part of the law,different in nature and function from what they had been.Similar cases could be found in many other ancient countries.By the War- ring States period,these vestiges of the clan system in the penal codes could hardly keep abreast of the times and hindered the implementation of a new legal system.As a result,they gradually died out.更多还原