The Unaesthetic Complexity of the Image of Xiezhi in Representing the Jurisprudence in Ancient and Modern China

Abstract

In ancient China, an unaesthetic, fierce-looking mythical animal, Xiezhi, is regarded as an iconic symbol of the Chinese judiciary system based on moral and intuitive judgment. Despite its gruesome and ferocious image, the emblem of Xiezhi has become the modern Chinese icon of law enforcement and judgment, as evidenced by its common presence in the form of statues in many universities and law courts at all levels in China. Unlike the symbol of justice in the Western legal tradition, for instance, the ancient Greek goddess, Themis or Justitia, an aesthetic angel-like figure who is blindfolded, carrying a sword to defend what is just and an equipoised scale to balance available evidence, Xiezhi is a fierce unaesthetic imaginary unicorn-like beast in China aiming at punishing wrongdoers by instinct, severely and relentlessly. For over two millennia, the symbol of Xiezhi has evolved from the traditional legendary beast with the divine instinct that can distinguish right from wrong to become the modern Chinese symbol of jurisprudence. This article traces and analyzes the underlying principles and rationale why the bimillennial-old symbol, Xiezhi, is still commonly used nowadays to denote some distinct features of the legal system in modern China. Its compatibility and conformance with the Chinese culture support the long-term perseverance of this symbol with the Confucian emphasis on “the interaction between Tian (commonly perceived to mean “heaven and nature”) and Ren (human)” (Tian Ren Gan Ying). Show more