A Study of Zheyu Guijian (The mirror for adjudication) = 《折獄龜鑑》研究

Abstract

 The Song Dynasty (960-1279) is a period with vibrant development of legal literature. This is not only reflected by the frequent legislative activities of the government, but also by the active contribution of the private sector in various genres of legal writings. Casebooks are one of those which have attracted scholarly attention. There are three representative casebooks published in the Song Dynasty, namely the Collection of Doubtful Cases (“疑獄集”), the Mirror for Adjudication (“折獄龜鑑”) and the Parallel Cases from under the Pear Tree (“棠陰比事”). The Parallel Cases, being highly commended by Emperor Lizong of Song (宋理宗, 1205-1264), translated into English and circulated in Japan and the western world, is considered the most influential among the three. This dissertation focuses on the less discussed Mirror for Adjudication. It will first offer a brief account of the previous academic work relating to the casebook and an introduction of the author, followed by a detailed examination on the different aspects of the casebook, including its versions recorded in historical texts, format of content organisation, sources and types of cases, writing style, methods and ideologies introduced and legal traditions reflected. By careful reading of the author’s commentaries attached to the cases, it is found that the author intends to convey the ideal qualities for a compassionate, merciful and just judicial official, and some of the concepts conveyed are still relevant under modern legal standards.