Reading the Code: Institutions and the Legal Knowledge in Late Imperial China

In 1569, the Longqing Emperor of China’s Ming dynasty ordered a debate among officials on the connotation of the phrase "buy to divorce, sell to divorce," part of an article of the dynastic law code—the Great Ming Code. The debate ended with an imperial edict that finalized the official interpretation. Zheng Rubi and Feng Zi, both officials in the Ministry of Justice, should have been aware of the debate. As legal specialists, they were in the process of writing their commentaries on the Great Ming Code. These commentaries, initially circulated as handwritten copies, were widely read. When they were officially published in 1592 and 1594, their influence grew even further. In both Zheng's and Feng's works, they questioned the imperial edict's interpretation, offering their own views on how this legal provision should be understood and applied. By 1610, Zheng's interpretation had been recognized as the standard, with the imperial interpretation seemingly disappearing from view. When the Qing dynasty adopted the Ming legal system, Zheng's interpretation became the official interpretation of both the previous and new dynasties.

How could the imperial interpretation of a legal article not only be challenged but also replaced by a commentary written by an official? What does this case reveal about the legal expertise of officials in late imperial China? How can this case offer insights into the process and mechanisms behind the production and dissemination of legal knowledge among officials during that period?

Drawing on 36 extant commentaries on the Great Ming Code, 70% of which were authored by officials, this study examines the body of legal knowledge produced by officials in late imperial China. Moreover, it explores how bureaucratic institutions provided the framework for Ming officials to acquire, accumulate, produce, communicate, and disseminate legal knowledge. These institutions nurtured a dynamic community of legal experts, enabling officials to interact with specialists both within and outside of officialdom. It was these institutional arrangements that empowered Zheng Rubi and Feng Zi.

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