Contents

Volume 1

Note to the Reader

Section 1.1 Acknowledgments

Section 1.2 Chinese Dynasties

Section 1.3 Recognized Rulers of the Qin and Han Dynasties and the Xin Period

Section 1.4 Equivalents for Weights and Measures Mentioned in the Zhangjiashan Legal Texts and Other Parallel Texts

Section 1.5 Early-Han Orders of Rank Mentioned in the Zhangjiashan Legal Texts

Section 1.6 Official Titles Mentioned in the Zhangjiashan Legal Texts

Section 1.7a Place-Names Mentioned in the Zhangjiashan Legal Texts

Section 1.7b Map of Place-Names Mentioned in the Zhangjiashan Legal Texts (Boundaries, 187–186 BCE)

Section 1.8 Types of Punishments and Associated Crimes in the Zhangjiashan Legal Texts

Section 1.9a Placement of Slips in the Statutes and Ordinances of the Second Year Text

Section 1.9b Placement of Slips in the Book of Submitted Doubtful Cases Text

Introductory Study

Section 2.1 Discovery, Conservation, Publication, and Previous Studies of the Zhangjiashan Texts

Prologue

Discovery

Conservation

Publication

Previous Studies

Section 2.2 Principles of Translation and Working Methodology

Principles of Translation

Working Methodology

Section 2.3 Introduction to the Statutes and Ordinances of the Second Year Text

Placement of the Text in the Tomb

Reconstruction of the Order of the Slips in the Text

Methodology for the Reconstruction

Implications of Attention Marks Made on the Slips by Copyists/Readers

Dating

Relationship of the Statutes and Ordinances of the Second Year Text to the Qin Statutes

Intended Readership of the Statutes and Ordinances

Section 2.4 Forms of Legislation and Their Enactment

Early Chinese Legislation

Qin Legislation

Legislation in the Other Warring States

Early-Han Legislation

Section 2.5 Introduction to the Book of Submitted Doubtful Cases Text

Structure and Dating

Source of the Original Material and Point of Authorship

The Text and Its Audience

Section 2.6 The Judicial Process in a Criminal Case

Judicial Personnel and Jurisdiction

Liability, Denunciation, and Accusation

Arrest, Detention, and Restraint

Investigation and Interrogation

Trial and Sentencing

Judicial Review of Criminal Cases

Reinvestigation

Section 2.7 Punishments

Types of Death Penalties

Banishment

Hard Labor

Mutilating Punishments

Caning

Fines

Redemptions

Reprimand

Amnesties

Section 2.8 Conclusions

The Function and Effectiveness of the Laws in Early Imperial China

The Place of the Zhangjiashan Legal Texts in the Development of Traditional Chinese Law

Bibliography

Index

Volume 2

Note to the Reader

Translation, Part One Statutes and Ordinances of the Second Year (Ernian lüling 二年律令)

Key to Transcription Symbols and Punctuation

Section 3.1 “Statutes on Assault” (Zei lü 賊律)

Section 3.2 “Statutes on Robbery” (Dao lu 盜律)

Section 3.3 “Statutes on the Composition of Judgments” (Ju lü 具律)

Section 3.4 “Statutes on Denunciations” (Gao lü 告律)

Section 3.5 “Statutes on Arrest” (Bu lü 捕律)

Section 3.6 “Statutes on Abscondence” (Wang lü 亡律)

Section 3.7 “Statutes on Impoundment” (Shou lü 收律)

Section 3.8 “Statutes on Miscellaneous Matters” (Za lü 襍律)

Section 3.9 “Statutes on Cash” (Qian lü 錢律)

Section 3.10 “Statutes on the Establishment of Ocials” (Zhili lü 置吏律)

Section 3.11 “Statutes on Equalizing Transportation” (Junshu lü 均輸律)

Section 3.12 “Statutes on Food Rations at Conveyance Stations” (Zhuanshi lü 傳食律)

Section 3.13 “Statutes on Agriculture” (Tian lü 田律)

Section 3.14 “Statutes on [Passes and] Markets” ([Guan]shi lü [關]市律)

Section 3.15 “Statutes on the Forwarding of Documents” (Xingshu lü 行書律)

Section 3.16 “Statutes on Exemption from Taxes” (Fu lü 復律)

Section 3.17 “Statutes on Bestowals” (Ci lü 賜律)

Section 3.18 “Statutes on Households” (Hu lü 戶律)

Section 3.19 “Statutes on Checking” (Xiao lü 效律)

Section 3.20 “Statutes on Enrollment” (Fu lü 傅律)

Section 3.21 “Statutes on Establishment of Heirs” (Zhihou lü 置後律)

Section 3.22 “Statutes on Ranks” (Jue lü 爵律)

Section 3.23 “Statutes on Levies” (Xing lü 興律)

Section 3.24 “Statutes on Government Service” (Yao lü 徭律)

Section 3.25 “Statutes on Finance” (Jinbu lü 金布律)

Section 3.26 “Statutes on Salaries” (Zhi lü 秩律)

Section 3.27 “Statutes on Scribes” (Shi lü 史律)

Section 3.28 “Ordinances on Fords and Passes” (Jinguan ling 津關令)

Translation, Part Two Book of Submitted Doubtful Cases (Zouyan shu 奏讞書)

Key to Transcription Symbols and Punctuation

Section 4.1 The Absconding Indigenous Conscript

Section 4.2 The Absconding Female Slave

Section 4.3 The Eloping Lovers from Qi

Section 4.4 A Mutilated Man Unwittingly Marries an Absconder

Section 4.5 Sword Fight between a Runaway ‘Slave’ and a Thief Catcher

Section 4.6 Beating to Death an Illegally Held Slave

Section 4.7 A Crooked Widow Tries to Cheat Her Runaway Slaves

Section 4.8 A Male Slave Escapes and a Border Guard is Punished

Section 4.9 Falsifying the Account Books (1)

Section 4.10 Falsifying the Account Books (2)

Section 4.11 Counterfeiting a Horse Passport

Section 4.12 A Delay in Forwarding Documents

Section 4.13 A Small Bribe Results in a Large Fine

Section 4.14 A Judiciary Scribe Harbors an Unregistered Person

Section 4.15 A County Magistrate Robs Grain

Section 4.16 A County Magistrate Orders the Murder of a Judiciary Scribe

Section 4.17 A Successful Appeal of a Conviction Gained by False Accusation and Torture

Section 4.18 The Benevolent Magistrate and the Chu Insurgency

Section 4.19 Shi You Solves the Case of Hair and Grass in the Lord’s Food

Section 4.20 An Assistant Scribe Robs Grain and Confucian Principles

Section 4.21 A Scribe of the Commandant of the Court Overturns a Sentence for Illicit Intercourse

Section 4.22 A Cunning Scribe Solves a Robbery and Attempted Murder