The book “Chinese Law and Chinese Society” by Mr. Qu Tongzu introduced the “functional theory” research method in the field of sociology into the study of Chinese legal history, innovatively choosing five parts of Confucianism and Taoist thought, i.e., family, marriage, class, witchcraft and religion, to complete the study of Chinese traditional legal society. We call it “typology” in the study of Chinese law. On the one hand, this type of research abstracts the common problems in the traditional Chinese society and law for the past two thousand years, so it has some reasonable and creative points; on the other hand, it also ignores some changing factors in the historical development.

Yao Wei. Analysis of the Controversy of “Typology” Method in the Study of Legal History - On Several Research Methods of Legal History. Academic Journal of Humanities & Social Sciences (2021) Vol. 4, Issue 2: 56-61. https://doi.org/10.25236/AJHSS.2021.040213.

[1] This refers to Chinese feudal society, Shanghai Century Publishing House, 2005, “Social Structure of the Han Dynasty”, Shanghai People’s Publishing House, 2007, “Local Government of Qing Dynasty”, Law Press, 2003.

[2] Wang Jian: “A Study of Qu Tongzu and the History of Law and Society-An Interview with Mr. Qu Tongzu”, “Sino-Foreign Law”, 1998, Issue 4 (Total Issue 58), p. 17.

[3] Qu Tongzu: Chinese Law and Chinese Society, The Commercial Press, 2010, page XII of the introduction.

[4] Wu Wenzao: “The General Preface of Sociology Series”, published in the preface of Chinese Law and Chinese Society, 2010 edition of the Commercial Press.

[5] The "ideal type" here does not conflict with the “functional theory”, but a research method of the “functional theory”. Specifically, under the premise of focusing on the interaction between various elements of society, certain types of concepts are assumed through abstract assumptions to study the state and changes of a certain social element under the influence of other elements.

[6] Chen Jingliang: “Rethinking the ‘Typological’ Method in the Study of Legal History-Another Way of Thinking in the Study of Chinese Legal History”, in “Legal and Business Studies”, May 2004, p.136.

[7] Qu Tongzu: “Chinese Law and Chinese Society”, The Commercial Press, 2010, Introduction Part XIII

[8] Lin Duan: “Confucian Ethics and Legal Culture”, China University of Political Science and Law Press, 2002, p.137.

[9] Chen Jingliang, “Rethinking the ‘Typological’ Method in the Study of Legal History-Another Way of Thinking in the Study of Chinese Legal History”, in “Law and Business Research”, May 2004, p. 139.

[10] [German] Marx Weber, translated by Lin Rongyuan: “Economy and Society” (Volume 1), Commercial Press, 2006, p. 52.

[11] Chen Jingliang, “Rethinking the ‘Typological’ Method in the Study of Legal History-Another Way of Thinking in the Study of Chinese Legal History”, in “Legal and Business Studies”, May 2004, p.137.

[12] [German] Marx Weber, translated by Yue Wen: “Confucianism and Taoism”, Shaanxi Normal University Press Headquarters Co., Ltd. 2010 edition, p. 38.

[13] Su Li: “Rereading Mr. Qu Tongzu in Academic History”, published in “Science of Law”, Issue 12, 2008, p. 86.

[14] Wang Jian: “A Study of Qu Tongzu and the History of Law and Society: An Interview with Mr. Qu Tongzu”, published in “Sino-Foreign Legal Science”, 1998, Issue 4 (Total Issue 58), p. 17.

[15] See Qu Tongzu: “Chinese Law and Chinese Society”, The Commercial Press, 2010 Edition, pp. 103-159.

[16] See [Germany] Marx Weber, translated by Yuewen: “Confucianism and Taoism”, Shaanxi Normal University Press Headquarters Co., Ltd. 2010 Edition, Chapter 6 “The Way of Confucian Life”, pages 194-227.

[17] Chen Jingliang, “Rethinking the ‘Typological’ Method in the Study of Legal History-Another Way of Thinking in the Study of Chinese Legal History”, in “Legal and Business Studies”, May 2004, p. 140.

[18] Chen Jingliang, “Rethinking the ‘Typological’ Method in the Study of Legal History-Another Way of Thinking in the Study of Chinese Legal History”, in “Legal and Business Studies”, May 2004, p.141.

[19] Su Li: “Re-reading Mr. Qu Tongzu in Academic History”, published in “Law Science”, Issue 12, 2008, p. 90.

[20] Fei Xiaotong: “The Fertility System in Earthbound China”, Peking University, 1998, p. 4.

[21] Zhang Zhongqiu: “A Comparative Study of Chinese and Western Legal Culture”, Law Press 2009, pages 406 and 407.