This chapter discusses the dynamics of law in society. The specific law is created by combining li (reason) and qing (circumstances) for each case through a trial. Law is not objectified as a judicial rule. However, not everything is individual and temporary. Above all, social regularities exist within society that can be called “family law” and “land law.” Furthermore, li within the minds is also considered a universal entity. In what ways were those shared in society? Section 8.2 discusses this issue by examining customary practices and demonstrating how individual actions create and limit this sharing. In Sect. 8.3, we examine the pacts formed in local communities and argue that the unification of standards of behavior among people is also not achieved by establishing and enforcing objective norms but by unifying the peoples’ minds. Finally, we conclude that the overall order is achieved through competition and cooperation between unifying powers.

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Law in Society

  • Hiroaki Terada

摘要

This chapter discusses the dynamics of law in society. The specific law is created by combining li (reason) and qing (circumstances) for each case through a trial. Law is not objectified as a judicial rule. However, not everything is individual and temporary. Above all, social regularities exist within society that can be called “family law” and “land law.” Furthermore, li within the minds is also considered a universal entity. In what ways were those shared in society? Section 8.2 discusses this issue by examining customary practices and demonstrating how individual actions create and limit this sharing. In Sect. 8.3, we examine the pacts formed in local communities and argue that the unification of standards of behavior among people is also not achieved by establishing and enforcing objective norms but by unifying the peoples’ minds. Finally, we conclude that the overall order is achieved through competition and cooperation between unifying powers.