Personal relationships and the state in Qin and Han China

Abstract

When studying the history of the Qin and Han Dynasties, the clarification of personal relationships in village society will not only elucidate one of the unique characteristics of the period, but also offer an important topic related to the formation of the ancient Chinese state. While following the conventional research focus on martial arts-related chivalry （renxia 任侠） and peerage system, as well as regional and kinship ties, this article analyzes the existing documentation （both excavated and compiled） in order to identify what constituted breaking the law and the principles by which relationships between lawbreakers and those saving them to justice were formed.
　 The author begins with an examination of legal codes recorded in the bamboo document collections Shuihude Qinmu Zujian 睡虎地秦墓竹簡， unearthed from a Qin period tomb in Hubei in 1975, Yuelushuyuanzang Qinjian 嶽麓書院藏秦簡， Qin period sources held by the Hunan University Yuelu Library, and Ernian Luling 二年律令， which contains early Han period legal codes, in order to confirm that those relationships were indeed personal, either kinship or other types of affiliation （suozhi 所知）, meaning that lawbreakers were closely tied to their relatives and acquaintances.
Next the author ascertains from the legal sources that the state entrusted only kin and acquaintances with the precarious tasks of apprehending lawbreakers, confirming that the structure of kinship and other forms of affiliation in the Yuelu collection can also be observed in the writings of Mozi 墨子．
The author then turns to such Mohist influenced works as the Lushi Chunqiu 呂氏春秋 compendium of pre-Qin philosophy and Sima Qian’s Shiji 史記， which extols the art of chivalry, in order to confirm that the personal bond involving risking one’s life in repayment of gratitude was an indispensable element of acquaintanceship （zhi 知）. He concludes that the Yuelu collection shows the impact of the Qin Dynasty’s incursion into regions heavily influenced by Mohist and chivalry motifs.
Finally, the author confirms from the Qin legal sources that policy directions pursued in state governance fully embraced interhuman relationships based on zhi acquaintanceship, showing that small groups organized in eastern and southern rural communities according to kinship and chivalry-based affiliation were perceived by the state as the foundation of society and providers of its legitimization to rule.