Ancient Meanings of the Constitution

衔石生 / 汤寿潜Oct 2025

3.9

Word count: 20K words
Chapters: 34

Summary

In China especially, since the Three Dynasties there has been the doctrine that the ruler is honored and the minister lowly; hence the distinction between high and low became strict and the ranks of superior and inferior were established. China takes ritual propriety as the foundation of the state, and so its rites are elaborate and honor the esteemed; Westerners take profit as the foundation of the state, and so their laws are public and equal. Rulers, resenting the inequality of law, brought to bear all their titles and status upon the people, and so the strong in the realm turned their power into rights, while the weak in the realm turned their submission into obligations; accustomed to it and growing more so, the power of the ruler flourished until it could no longer be restrained. This is why the spirit of the people could not be expressed, why the constitution could not be established, and why China has had no dynasty to last several hundred years without interruption, no province to go several decades without disorder. (Mid-autumn, Guangxu 31, printed and issued by Shanghai Dianshizhai Publishing House.)

Editor's review

This book sets “ritual propriety” against “profit” to explain why in China the distinction between high and low became strict and the ranks of superior and inferior were established while no constitution was established. It attributes the growing power of the ruler and the unexpressed spirit of the people to the way the order of status distorted rights and obligations: the strong turned power into rights, the weak turned submission into obligations. The author thereby asks why China has had no dynasty to last several hundred years without interruption and no province to go several decades without disorder, directing the inquiry at the very foundation of the state. The publication information—printed and issued by Shanghai Dianshizhai Publishing House in Guangxu 31—indicates that the work was written as constitutional debate arose in the late Qing. Its comparison of the foundations of the Chinese and Western states tends toward simplification, yet it preserves the characteristic language in which scholars of the time pondered constitutional predicaments. In reading, note how the contrast—ritual propriety described as elaborate and honoring the esteemed, law as public and equal—supports the argument, and read it alongside the views of contemporary constitutionalists to observe how traditional resources were invoked to discuss the constitution.

Who it's for

A good fit for

Scholars and students studying late Qing constitutionalist thought and modern political thought
Readers interested in the relationship between China's traditional order of ritual and law and constitutionalism
Teachers needing primary sources in modern intellectual history for supplementary teaching

Not a good fit for

Readers seeking a systematic constitutional law textbook or exam preparation book
Readers who want contemporary institutional analysis and are not concerned with historical context

Reading tips

First sort out the two contrasts—“ritual propriety versus profit” and “high and low versus fairness”—before entering the specific argument
Understand the book's judgments within the constitutional debates of the late Guangxu era rather than taking them directly as universal conclusions
Excerpt the passages on the transformation of rights and obligations and read them against contemporary newspaper commentary

版权信息
叙
卷一元首之权利
一、君位承继
二、神圣不可犯
三、无责任
四、召集议会，且命开会、停会、闭会及解散之权
五、提议法案、裁可法案、公布法令之权
六、宣战、讲和、结条约之权
七、统帅海陆军之权
八、任官、免官之权
九、爵赏之权
十、恩赦之权
卷二议院之权利
一、立法权
二、监财权
三、议员资格
四、代表全国
卷三国民之权利
一、言论自由
二、出版自由
三、集会自由
四、迁徙自由
五、尊信自由
六、产业自由
七、家宅自主
八、本身自主
九、书函秘密权
十、赴诉权
十一、鸣愿权
十二、服官权
十三、参政权
十四、赋税义务
十五、服兵义务

FAQ

What does “ancient meaning” in the title refer to?

According to the material, the book attempts to trace, from the ritual-governance tradition since China's Three Dynasties, the roots of why a constitution was not established. “Ancient meaning” does not mean a textual study of ancient constitutional provisions; rather, it uses the traditional order of ritual and law to explain the relationship between status distinctions and rights and obligations—a usage situated in the context of modern intellectual history.

Is the book's analysis of Chinese-Western differences objective?

The book sets “ritual propriety as the foundation of the state” against “profit as the foundation of the state,” a comparative framework common among late Qing scholars. Such generalization is simplifying; readers should regard it as an argumentative strategy under specific historical conditions rather than a complete description of Chinese and Western systems.

Is it suitable as a course reading for modern history?

It is suitable as supplementary material. Its length and language carry the flavor of modern classical Chinese; it is best if the instructor provides background explanation and pairs it with sources on the constitutional movement, so that students understand the book's problematics rather than memorizing conclusions in isolation.

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About the author

衔石生 Author

Xianshisheng is the author of the book Guyi of Constitutional Law (Xianfa Guyi). The author's real name, nationality, and dates of birth and death are not clearly recorded, and publicly available information is very limited. What can be confirmed is that the library holds one work by this author, namely Guyi of Constitutional Law, which is generally classified under law. Judging from the title, the book centers on the theme of constitutional law and adds the phrase "gu yi" (ancient meanings), suggesting that the author may focus on the historical origins and traditional interpretations of constitutional ideas, attempting to trace their original meaning within the context of Chinese and foreign constitutional thought, or to explain the fundamental spirit of constitutional law through traditional scholarly approaches. Because direct materials on the author's life and the background of the book are lacking, it is difficult to determine the author's motives or scholarly stance, and excessive speculation about the book's views is inadvisable. For readers studying constitutional doctrine, the book may serve as a textual clue for understanding related issues, while its specific content and influence remain to be further verified.

汤寿潜 Author

Tang Shouqian is a figure worthy of attention in modern China, though his biography and place of origin remain limited in publicly available sources and call for further verification. As far as can be seen, one work is attributed to him, titled Ancient Meanings of Constitutional Law, classified under law. Judging from the title, the book centers on constitutional law, while the phrase "ancient meanings" suggests that the author may have sought to trace the origins of constitutional law in traditional classics and earlier institutions, interpreting the present through the past and seeking indigenous foundations for modern constitutional ideas. Such an approach was not uncommon in legal writings of the late Qing and early Republican periods, reflecting the tendency of scholars of the time to draw on traditional resources when introducing Western legal and political thought. Since only this one work is held in the collection, it is difficult to assess the author's overall style or scholarly profile; his life, intellectual development, and the specific content and influence of the book await corroboration from further sources.