The Mixed Han-Tang-Song Structure and Its Moral Ideal

Abstract

In this chapter, the author replies to Su Li's account of the constitution and the political order of ancient China. Su Li proposes an idea of the constitution that is different from the Constitution or constitutional law. According to the author, Su Li has made a methodological turn from constitutional text to effective constitution, which overcomes the conventional approach of legal interpretation that treats Western constitutions as models for the Chinese constitution. The author expresses his reservations regarding Su Li's functionalist approach, noting that the classical constitution of China cannot be reduced to a set of structural-functional relationships appealing to the taste of modern social sciences. The author offers his own approach by citing the evolution of ancient China's cosmology and system of beliefs and knowledge, which he insists are also active forces that shape political life and can help us understand the cultural foundation underlying Chinese institutions.