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ПРАВО ЗА РУБЕЖОМ
Li Fan*
MARRIAGE LAW PETROGLYPH TEXTS OF NEOLITHIC CHINA
Major Research Projects of China-Russia Strategic Cooperative Research Center
Abstract. I discovered the marriage law petroglyph texts of Neolithic China a few years ago1, and now I will introduce my latest progress on this issue in this article.
There are 9 sets of marriage law petroglyph texts of Neolithic China (10,000—4,500 B.P.) found so far. There are three models of two categories of the texts. Heaven and Earth Mapping Model was adopted in the texts of Early Neolithic China (10,000—7,000 B.P.), Only Earth Model and Cross Marriage Model based on the former were adopted in Middle Neolithic China (7,000—5,000 B.P.). Neolithic Chinese created Ziwei Lunisolar Calendar and established the laws to couple men with women imitating the rules of Ziwei Lunisolar Calendar to match Sun (seasons) with Moon (lunar months). The history of the marriage system of Neolithic China can be divided into three stages, the equivalent polygamy stage, the first phrase of the monogamy and the second phrase of the monogamy. Equivalent polygamy is a form of marriage unknown so far. It requires equal number of men vs. women from different groups to form a marriage unit. Only two combinations of this marriage form have been found so far. One is the form of ten husbands vs. ten wives, and the other is the form of three husbands vs. three wives. The monogamy is a logical result of the evolution of the equivalent polygamy, and consequently they share the common ideas of equality and parity. Freedom and equality are two cores of the thoughts of Neolithic Chinese. Based on distributive justice focusing on giving his due, equality between the sexes in quality and quantity was adopted by them to practice the idea of freedom of everyone; and based on cooperative justice focusing on doing their best, coupling equality between the sexes was adopted by them to practice the idea of common freedom.
Keywords: marriage law petroglyph texts, Neolithic China, Ziwei Lunisolar Calendar, equivalent polygamy, monogamy, freedom, equality, distributive justice, cooperative justice, equality between the sexes in quality and quantity, coupling equality between the sexes.
DOI: 10.17803/1729-5920.2016.120.11.143-154
1. INTRODUCTION
There are a number of petroglyphs of Neolithic China (10,000—4,500 B.P.) as marriage law texts. The petroglyphs are not difficult to identify because they have not only a unique structure model but also a unique interpretation model.
1 Li Fan. Textual Research and Theoretical Analysis University Press, 2012. P. 70—108.
The structure of the marriage law petroglyph texts of Early Neolithic China (10,000-7,000 B.P.) is Heaven and Earth Mapping Model (HEMM), which have the mapping structure of that Natural God (NG) in charge of marriage to couple Sun with Moon in Heaven and Human God (HG) in charge of marriage to couple men with women in Earth.
on China's Marriage Law Culture. Harbin: Heilongjiang
© Li Fan, 2016
* Li Fan, PhD of law, associate professor of law, associate researcher of archeology, law school of Heilongjiang University
[email protected];[email protected] 150080, 74, Xuefu Road, Harbin, China
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But sometimes there is Common God (CG) for Heaven and Earth. The structure of the marriage law petroglyph texts of Middle Neolithic China (7,000—5,000 B.P.) are Only Earth Model (OEM) and Cross Marriage Model (CMM) based on the former because of the part of Heaven omitted.
Interactive Interprecation Model between Shaped Point Number such as •,-,..., V, :: or :: i and Pictures (IIMSPNP) is common in any complete marriage law petroglyph text. Petroglyphs composed of points and pictures are not rare, but the petroglyphs of IIMSPNP are rare.
The core shapes in the pertoglyphs are taken from Ziwei except for a few only in prototype. The word "Ziwei" in this article refers particularly to Purple Forbidden Enclosure of Neolithic China (See Fig.1) unless otherwise stated. And Purple Forbidden Enclosure is called Ziwei Yuan in Chinese.
Ziwei is composed of Enclosures and Beidou (See Fig.1).
The stars of Beidou in the petroglyphs are not limited to Big Dipper composed of Tianshu (aUMa), Tianxuan (PUMa), Tianji (yUMa), Tian-quan (5UMa), Yuheng (eUMa), Kaiyang (ZUMa) and Yaogyang (nUMa) well known to us today. Beidou can be composed of one star (Yuheng), two stars (Yuheng and Kaiyang) or three stars (Tianquan, Yuheng and Kaiyang), even sixteen stars such as Beidou Xuan (S) Shaped Turtle (See the lower right of Fig. 1 and the SNG2 in Fig. 6). And the most popular one of them is Three Stars of Beidou (TSB) composed of Tianquan, Yuheng and Kaiyang in different shapes.
Neolithic Chinese created Ziwei Lunisolar Calendar and established the laws to couple men with women imitating the rules of Ziwei Lunisolar Calendar to match Sun (seasons) with Moon (lunar months). This is the most important reason to cause the birth of the marriage law petroglyph texts. And it is also the origin of law in China.
The three elements of Ziwei Lunisolar Calendar are Ziwei, Sun and Moon. The key of Ziwei Lunisolar Calendar is to combine lunar months with seasons, and indicating the timing of the combination is the pointed direction of Beidou's handle. "Spring is coming with Big Dipper's handle pointing to the east, Summer is coming with the handle pointing to the south, Autumn is coming with the handle pointing to the west, and Winter is coming with the handle pointing to the north." 2
There are totally 9 sets of the marriage law petroglyph texts of Neolithic China (No.1—9) found so far including 8 complete sets and one incomplete set.
The 8 complete sets include Jiangjunya Marriage Petroglyph A (1JMPA) (See Fig.2) in Jiang-su Province, Jiangjunya Marriage Petroglyph B (2JMPB) (See Fig.3) in Jiangsu Province, Jiangjunya Marriage Petroglyph C (3JMPC) (See Fig.4) in Jiangsu Province, Jucishan Marriage Petroglyph (4JuMP) (See Fig.5) in Henan Province, Donglei Marriage Petroglyphs (5DMPs) (See Fig.6) in Jiangsu Province, Shizitan Marriage Petroglyphs (6SMPs) (See Fig.8) in Shanxi Province, Mandelashan Xu Marriage Petroglyph (8MXMP) (See Fig.12) in Inner Mongolia A. R. and Alxa-zuo-qi Hua-Xu Marriage Petroglyph (9AHMP) (See Fig.13) in Inner Mongolia A. R.. The history of the marriage system of Neolithic China can be divided into three stages. 1JMPA and 2JMPB are in the stage of the equivalent polygamy, 3JMPC, 4JuMP and 5DMP are in the stage of the first phase of the monogamy, and 6SMP, 8MXMP and 9AHMP are in the stage of the second phase of the monogamy.
The incomplete one is Guajiashan Marriage Petroglyph (7GMP) (See Fig.9) in Shanxi Province. Xialama Female Rhino and Man Petroglyph (XFRMP) (See Fig.10) and Xianggendalai Male Rhino and Woman (Fuxi-Nvwa) Petroglyph (XMR-WP) (See Fig.11) in Inner Mongolia A. R. are in the same important station with the former although not MPs as marriage text. All of the three are in the stage of the second phase of the monogamy.
In addition, the marriage community structure of the stage of the monogamy is reflected in Mandelashan Marriage Community Petroglyph (MMCP) (See Fig.7) in Inner Mongolia A. R.. It is in the stage of the second phase of the monogamy, but the interpretation about it will be done with 5DMPs in the stage of the first phase of the monogamy because of they are highly correlated.
There is no any marriage law petroglyph text found so far in the cultures of Late Neolithic China (5,000—4,500 B.P.). However there are 3 sets of complete marriage law petroglyph texts (No.10— 12) in Mugur Sgol Marriage Petroglyphs (10MSM-PA, 11MSMPB and 12MSMPC) (See Fig.14) located at the upstream of Yenisey River and near to Lake Baikal in Russia.
2 Circulation. 5th. Heguanzi. vol.1. All of the quotation passages from Chinese classical books in this article are translated into English by myself.
2. STAGE OF EQUIVALENT POLYGAMY
Equivalent polygamy is recorded in 1JMPA and 2JMPB (See Fig.2, Fig.1.1; Fig.3, Fig.1.2-1 and Fig.1.2-2).
Equivalent polygamy is a form of marriage unknown so far. It requires equal number of men vs. women from different groups to form a marriage unit. Only two combinations of this marriage form have been found so far, one is ten husbands vs. ten wives recorded in 1JMPA, and the other is three husbands vs. three wives recorded in 2JMPB. And the marriage form recoded in 3JMPC is monogamy. The monogamy is a logical result of the evolution of the equivalent polygamy, and consequently the common ideas of equality and parity did exist between the two.
In the top right of 1JMPA (on the right side of the separatrix between Heaven and Earth), there are NG, Sun shaped a man's head and Moon shaped a woman's head in Heaven. And in the bottom left of 1JMPA (on the left side of the separatrix), there are HG, ten men and ten women in Earth. In Earth, there are also three logos including a global logo composed of Sun, Moon and the four stars of Beidou in the biggest flower bud, a man logo and a woman logo. NG coupling Sun with Moon is divided into the male NG in charge of Sun (SNG) and the female NG in charge of Moon (MNG), and HG coupling men with women is divided into the male HG in charge of men (MHG) and the female NG in charge of women (WHG). Both NG and HG in 1JMPA are bisexual and divided into male Outer Enclosure and female Beidou. The shape of Iconic Man follows Sun with V but without square cheek, and other men follow Iconic Man represented by V in majority. The shape of Iconic Woman is a flower — bud as head following Moon but without headwear and stem as body, and other women follow Iconic Woman but without so complete image in majority. A baby with X coming from the four eyes of Moon identifies the gender of the women. All of the ten men and ten women in Earth form a marriage unit of ten husbands vs. ten wives.
The seperatrix between Heaven and Earth in 2JMPB is a wide blank line with a boundscript composed of-and one thing like an anchor in the middle of the separatrix. There is CG in exclusive part above Heaven and Earth. CG in 2JMPB is bisexual as same as NG and HG in 1JMPA. There are a huge galaxy as background, Three Suns with • and Three Moons with V in Heaven, and Three Suns vs. Three Moons is the core. There are a man
logo and a woman logo but no global logo in Earth. There are men represented by • and women represented by V as background in Earth corresponding to the galaxy in Heaven, and the core is Three Men shaped heads vs. Three Women shaped heads. And Iconic Woman comes from the women logo in 1JMPA because they are almost identical. All of Three Men and Three Women form a marriage unit of three husbands vs. three wives.
The principles of Beidou Lunisolar Calendar stand for the natural rules, and the marriage laws stand for the freedom rules.
In 1JMPA, the freedom rules are considered as the copy of the natural ones, therefore the strict HEMM emerges as the times require. Gods live on the natural rules, human live on the freedom ones, and human imitate gods. NG is in charge of the natural rules and couples Sun with Moon to produce universe, while HG is in charge of the freedom ones and couples men with women to produce descendant.
Then in 2JMPB, the freedom rules and the natural one are combined into the one, therefore CG emerges as the times require. Human and gods live on the same rules so that to match Three Suns vs. Three Moons in Heaven with the three men vs. the three women in Earth.
The idea of the full equivalence between Three Suns vs. Three Moons and Three Men vs. Three Women induces the birth of monogamy from the equivalent polygamy because there are only one Sun and only one Moon in Heaven indeed.
3. FIRST PHASE OF MONOGAMY
The first phase of the monogamy is recorded in 3JMPC, 4JuMP and 5DMPs (See Fig.4, Fig.1.3; Fig.5, Fig.1.4; Fig6, Fig.1.5-1 and Fig.1.5-2).
There are a paratactic NG and a separated HG in 1JMPA. But only one paratactic CG in 2JMPB and only one separated CG in 3JMPC. The birth of the monogamy of Neolithic China breaks through not only the model of Heaven up and Earth down but also the rank order of God-Heaven-Earth in 1JMPA and 2JMPB. In 3JMPC, SMCG vs. MWCG are also a couple, which is same as Sun vs. Moon and Man vs. Woman, and they are parallel and cross mapping. The boundaries of Heaven and Earth are relatively vague. Sun with V follows Sun in 1JMPA and Three Suns in 2JMPB. Moon with X follows Moon in 1JMPA. Woman with : is new. And the shape of Woman follows the one of Woman Logo in 1JMPA and the one of Iconic Woman in 2JMPB.
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Only one Sun and one Moon with a background of scattered stars in Heaven and only one Man and one Woman in Earth with a background of man represented by V and women represented by : . Man and Woman in Earth form a marriage unit of one husband vs. one wife. So the monogamy of Neolithic China appears.
The model of Earth up and Heaven down in 4JuMP overturns all of the previous models.
The MNG and WHG in 1JMPA and the MWCG in 2JMPB are all composed of TSB. The MWCG in 3JMPC is just the TSB of Tianquan-Yuheng-Kaiyang style with Yuheng-Xuanji as a turning handle. The structure of God in 1JMPA , 2JMPB and 3JMPC is just Enclosure except for Beidou. Both the NG1 and the HG1 in 4JuMP are Enclosure shaped vulva. And they also stand for Heaven and Earth respectively. The HG1 is not any more in charge of men, but the HG2 in charge of men and women. There are Man who is the taller one on the right and Woman who is the shorter one on the left and they are hugging in Love Woods at the top of the part of Earth. The NG1 is not any more in charge of Sun, but Beidou is divided into SNG and MNG. The one corresponding to Man is in charge of Sun, and the other corresponding to Woman is in charge of Moon. The two have a commom handle composed of TSB, but the head of SNG shaped a hopper to one direction and the head of MNG shaped a cup to the opposite direction. All of the two are composed of seven stars of Beidou but different. Seven stars of Beidou are far more than one version. The most important changes are the birth of love woods (Shelin) and marriage community. Love Woods for love and wedding still existed in Spring and Autumn Period. "Lake Zu is in Yan just like Woods Sajik in Qi, Woods Sang in Song and Lake Yunmeng in Chu. They are the places where men and men meet together for love and wedding."3 "In this time (Love Days), the spouses without official wedding are not forbidden by the authorities."4
From then on the proportion between Enclosures and Beidou is closer to the actual in MPs and not like almost the same size between the two before.
The traditional isomorphism of NG and HG is changed because of the emphasis on the difference between Heaven and Earth in 4JuMP. NG is still composed of Enclosure and TSB, but TSB is divided
into two which are in charge of Sun or Moon respectively. And HG is only composed of Enclosures. The structure of NG is inherited in 5DMP, and the structure of HG is inherited in 6SMPs and 7GMP.
The birth of the monogamy induces both an idea revolution and a system revolution. After long-term accumulation, the construction of ideology and social system has made a landmark progress, which is mainly embodied in the Main of 5DMPs.
On the ideological construction, 5DMPs is a great integration of tradition and innovation. In the Main of 5DMPs, Heaven is above Boundscript and Earth is below Boundscript. On the one hand, the isomorphic tradition of NG and HG composed of Enclosure and Beidou is restored in 5DMPs, so they have the same constituent elements roughly. On the other hand, the new idea of the difference between Heaven and Earth is emphasized, so they have quite different shapes. The composition of NG is very complex, which is divided into eight parts. The Sun and Moon community is composed of NG1-NG4 including District Tree (Huagai) as Sun House, Left and Right Districts (Middle and Inner Enclosure) and Moon House (Beidou). Both SNG1 and SNG2 are in charge of Sun, and both MNG1 and MNG2 are in charge of Moon. SNG1' in the Attachmen of 5DMPs is used to explain Sun carried by phoenix and the relationship between SNG1 and MNG1 and their connections with the SNG and MNG in 4JuMP. It's just a comment rather than a text. SNG1 and MNG1 express more clearly the meaning of TSB divided into two, so the obstacle on shape to combine the two into one is cleaned in 6SMPs. One pair of phoenix carried Sun in the part of SNG1', the other pair of phoenix carried Moon in the part of NG4. This is the origin of Chinese Phoenix, and the original Chinese Phoenix just look like ordinary birds. Both the phoenix carried Sun and the phoenix carried Moon are found in Hemudu Culture (7,000—5,000B.P.) (See Fig.6), and they look specific, so the time of 5DMPs should be earlier. And at the same time roughly, in Yangshao Culture, the bird carried Sun or Moon is single rather than couple, and it looks ordinary or abstract, so it also shows that the time of 5DMPs should be earlier. The styling of HG is more imaginative. HG is Goddess. Huagai is her head, and the other of
3 On Ghosts III. 31st. Mozi. Vol. 8.
4 Official Matchmaker. Land Official Situ. 2nd. Zhou Li.
the right Middle Enclosure is her body. The other half of HG is her seat. The Goddess in 5DMPs is an evolution result of the Vulva in 4JuMP, and the HG in 6SMPs combines Goddess in imagination with Vulva in reality. The Seat Top is TSB in charge of men, and the Seat Bracket in charge of women is a shape like a fire composed of Yuheng, Tianji and Xiang. Goddess carried by an animal of Liangzhu Culture (See Fig.6) in Late Neolithic China more directly comes from the Goddess and her Seat.
On the social system construction, 5DMPs is a great innovation. It is mainly embodied in two aspects: the innovation of marriage ontology system and the innovation of marriage organizational system. The marriage ontology system of Neolithic China includes spouse system (equivalent polygamy or monogamy) and wedding rites. Before 4JuMP, the marriage law petroglyph texts only are involved with marriage ontology system. The first appearance of marriage organizational system is in 4JuMP where marriage community and district tree are established. The great innovation of marriage ontology system in 5DMPs is that wedding should be presided over by a priest, bride and groom should make marriage vows before Marriage Earth (△), which makes the love and the marriage can be clearly separated. The great innovation of the marriage organization system in 5DMPs is more outstanding because of the establishment of the marriage community system and the marriage settlement system. The following explanation will be in conjunction with MMCP (See Fig.7). Before Goddess, district trees and wedding rites are showed, but marriage communities are not showed. In Heaven, Ziwei is regard as a Sun and Moon community. Comparing with MMCP, it is easy to discover that the structure of District Tree, Left District and Right District of the two is all the same. In MMCP, there are the Right District for love and marriage (the wedding here is exactly the same as the one in 5DMPs) and the Left District for sacrifice and affairs. And in MMCP, District Tree and Story Column as Sun House are corresponding to Titan in 1JMPA, and the right small column as Moon House is corresponding to Beidou. The gods in the sacrifice area include NG (NG1 and NG2) and HG (MHG and WHG). The whole marriage community is just like a fresh marriage law text. At the bottom of the Main of 5DMPs, the four groups, which are represented by four totems, form a marriage settlement organization around a center. The shape of the settlement center is just the font of the Chinese hieroglyph of "Yi" ( it means town, city or capital).
According to the principles of marriage law, Neolithic Chinese not only constructed the marriage community, but also constructed the marriage settlement, thus formed the non-political society at that time. In Late Neolithic China, the society was transferred from non-political to political. Thus, both non-political society and its marriage law petroglyph texts were dead.
The general philosophical characteristic of this stage is the promotion of the freedom rule. In 3JMPC, freedom rule is equal to natural one. In 4JuMP, Earth up and Heaven down shows that freedom rule is the highest part of natural rule, and human is the soul of the universe. In 5DMPs, it is not only recognized that freedom rule is similar to natural rule by the isomorphism of HG and NG, but also emphasized that they are different and divergent by HG personified and NG not personified. In 5DMPs, the previous ideas of freedom rule and natural rule are actually integrated in compromise.
4. SECOND PHASE OF MONOGAMY
The second phase of the monogamy is recorded in 6SMPs, 7GMP, 8MXMP and 9AHMP (See Fig.8, Fig.1.6; Fig.9; Fig.12, Fig.1.7; Fig13, Fig.1.8-1 and Fig.1.8-2).
In this stage, the part of Heaven is omitted (Sometimes, Boundscript was used to remind its existence), and totems are popular while the totems in 5DMPs just firstly appeared. All of the spouses in the marriage law petroglyph texts of the stage of equivalent polygamy and the first phase of monogamy are humanoid. And they are not totems because they are not required of the function distinguishing one group from the other such as the spouses in 4JuMP and 5DMPs. All of the spouses in this stag are in totem shape.
4.1. PERIOD OF GODDESS GOING ON IN TEXTS
6SMPs are composed of Part I (left) and Part 11 (right). Goddess as HG is in Part I. Her female shape painted vermilion is in imagination in Ziwei, but her vulva painted white in reality in Ziwei. The top seven points are taken shape from the senven stars of Jiang the bottom six points are taken shape from the six stars of Tianchuang, and Goddess is corresponding to Enclosures. A couple is in Part N. The big hind whose back is shaped a fire and a fawn is on stands for a woman of Group Deer Ma-
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jor, and the fawn is Beidou Xuan (like number 8) Shaped Fawn similar to Beidou Xuan Shaped Turtle in 5DMPs. The female rhino in XFRMP and the male rhino in XMRWP own a Magic Xuan respectively. The small buck with a huge penis stands for a man of Group Deer Minor. Man is with the ten points taken shape from the second ten stars of Beidou—Tianxuan, Tianji, Taiyangshou, Xiang, Tianshu, Tianquan, Yuheng, Kaiyang, Shaowei and Youshu, and Woman is with the one point taken shape from Yuheng. The rod taken shape from TSB and held by the two is a token of marriage. The idea of one into two of TSB in Heaven part of 4JuMp an 5DMPs is reversed to the idea of two in one of TSB in human part of 6SMPs. The part of HG is only composed of Enclosures and the part of human is only composed of Beidou, and the two parts are the relationship structure of mutual complement.
1JMPA is the beginning of equivalent polygamy, while marriage law petroglyph texts and HEMM. 3JMPC is the beginning of monogamy. And 6SMPs is the beginning of OEM.
7GMP is the beginning of CMM evolved from OEM. Goddess as HG is in the center of 7GMP. On the right, Man of Group Square Head Person couples with Woman of Group Human Face Animals. On the left, Woman of Group Square Head Person couples with Man of Group Human Face Animals. We call this a cross marriage. However a cross marriage should not be understood that the spouses of one group only come from the other group, because whether a large group or a small group may make a cross marriage with multiple groups in view of the objective factors such as group size and the subjective factors such as marriage diversified sources.
4.2. PERIOD OF GODDESS VANISHING IN TEXTS
CMM is popular in Alxa marriage petroglyphs.
There is a cross marriage in XFRMP (See Fig.10) and XMRWP (See Fig.11). In the former, the rhino holding a baby with its mouth on the left is Woman of Group Rhino, the feathered head person feeding the baby with a dipper on the right is Man of Group Feathered Head Person, and they are a couple. In the middle of the latter, the rhino with a huge penis on the left is Man of Group Rhino, the feathered head person on the left is Man of Group Feathered Head Person, and they are also a couple. This is a piece of irrefutable evidence of a cross marriage.
In fact, the cross marriage is also put into practice in HEMM and OEM. But in marriage law petroglyph texts, it only refers to a marriage unit between Men or Man of a solar characteristic group and the same number of Women or Woman of a lunar characteristic group. It will cause confusion to show a cross marriage in HEMM, and it has already the essential space conditions to show a cross marriage in OEM.
Both 8MXMP and 9AHMP are complete marriage law petroglyph texts of CMM.
There is a boundscript composed of two symbols in the lower right of 8MXMP or in the upper right of 9AHMP to show the part of Heaven not abolished but omitted.
In 8MXMP, the HG is composed a Xu (it means foot) taken shape from Inner Enclosure and TSB. On the left the group with • taken shape from Di (Beiji2) is Group Sun. Of them the big is its Man and the small is its Woman. On the right the group with : taken shape from Yuheng and Kaiyang is Group Moon. Of them the round is its Man and the bent is its Woman. There is a cross marriage here.
9AHMP is very complex. We should firstly find out the two couples. On the left of XMRWP the two heads are a couple. Of them the left is no neck with left blank, and the right has a neck with center blank. They just are corresponding to the two heads on the left of 9AHMP. Certainly, the two heads on the right of 9AHMP is the other couple. Then we should distinguish their gender. According to wife left and husband right of the two couple from Group Rhino and Group Feathered Head Person and the orientation of the two heads on the left of XMRWP, we can decide that the top is wife and the bottom is husband of the left couple in 9AHMP. And the top is husband and the bottom is wife of the right couple in 9AHMP. At the same time, we can draw the same conclusion according to the head of the top right of 9AHMP similar to the HG1 and Man Logo in 1JMPA. And the left couple is with two nine-point-circles, the right couple is with two hands. Thus, in the center of 9AHMP is HG composed of a flower centered, a foot up and a point down. The flower has eight disc with a base. And only the nine stars of Huagai are such shape in Ziwei. The flower is taken shape from Huagai, the foot is taken shape from Inner Enclosure and the point is taken shape from Yuheng of TSB. The two nine-point-circles are corresponding to the Hua (it means flower) and Huagai (it means a constellation like a flower in Ziwei), the big hand and the small hand are corresponding to the foot and the point respectively. Huagai usually holds an important
even core position in the components of NGs and HGs in MPs except for 3JMPC, 6SMPs and 8MXMP.
Flowers centered archaeological culture is Yangshao Culture (7,000 ~ 5,000B.P.) of Middle Neolithic China.
In Alxa marriage petroglyphs, the image of HG is no longer woman. And According to the archaeological cultures in the same time, HG is still female. So the disappearance of Goddess in the marriage law petroglyph texts of Middle Neolithic China does not reflect the status changes of Goddess, Which should be caused by technical reasons of simplifying the text.
In this stage, the part of Heaven is omitted in either OEM or CMM. Natural rule is only a metaphor of freedom rule, and the freedom rule's status get an unprecedented increase.
The changes of the distribution of marriage law petroglyph texts mark the changes of the center of Neolithic China. And the 3 sets of law petroglyph texts in MSMPs (See Fig.14) made by the dissident from Late Neolithic China mark the end of the era in Neolithic China.
Freedom is one core of Neolithic Chinese's ideas, the other is equality.
Based on distributive justice focusing on giving his due, equality between the sexes in quality and quantity was adopted by them; and based on cooperative justice focusing on doing their best, coupling equality between the sexes was adopted by them. Equality between the sexes in quality and quantity was the implementation of the idea of freedom of everyone. The most surprising is that although the insurmountable natural differences between men and women is sexual difference, but they made a special emphasis on equality between the sexes in quantity such as Ten Men vs. Ten Women, Three Men vs. Three Women and Man vs. Woman. Coupling equality between the sexes was the implementation of the idea of common freedom. Marriage is the most typical area of cooperative justice. It is natural that the idea of coupling equality between the sexes came from the marriage law practice of Neolithic China up to 5000 years. The lunar months and the seasons can be combined into Ziwei lunisolar calendar only by a reasonable united form. Only by a reasonable united form, a man and a woman can combine into a free, equal and happy couple.
Figure 1.0-1 Chinese Names and Their International General Names of Stars within Ziwei
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Figure 2 Jiangjunya Marriage Petroglyph A (1JMPA)
Figure 1.11JMPA Age's Ziwei
Figure 3 Jiangjunya Marriage Petroglyph B (2JMPB)
Figure 1.2-1 2JMPB Age's Ziwei1 Figure 1.2-2 2JMPB Age's Ziwei2
Figure 4 Jiangjunya Marriage Petroglyph C (3JMPC) Figure1.3 3JMPC Age's Ziwei
Figure 5 Jucishan Marriage Petroglyph (4JuMP) Figure1.4 4JuMP Age's Ziwei
Figure 6 Donglei Marriage Petroglyphs (5DMPs)
Figure 1.5-1 5DMPs Age's Ziwei1 Figure1.5-2 5DMPs Age's Ziwei2
Figure 7 Mandelashan Marriage Community Petroglyph (MMCP)
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Figure 8 Shizitan Marriage Petroglyphs (6SMPs)
Figure 1.6 6SMPs Age's Ziwei Figure 9 Guajiashan Marriage Petroglyph (7GMP)
Figure 10 Xialama Female Rhino Figure 11 Xianggendalai Male Rhino and Woman and Man Petroglyph (XFRMP) (Fuxi-Nvwa) Petroglyph (XMRWP)
Figure 12 Mandelashan Xu Marriage Petroglyph (8MXMP) Figure1.7 8MXMP Age's Ziwei
Figure 1.8-1 9AHMP Age's Ziweil Figure1.8-2 9AHMP Age's Ziwei2
Figure 13 Alxa-zuoqi Hua-Xu Marriage Petroglyph (9AHMP)
Figure 14 Mugur Sgol Marriage Petroglyphs (10MSMPA, 11MSMPB and 12MSMPC)
БИБЛИОГРАФИЯ
1. Li Fan. Textual Research and Theoretical Analysis on China's Marriage Law Culture. — Harbin: Heilongjiang University Press, 2012. — P. 70—108.
2. Heguanzi. — Vol.1. — Circulation. — 5th.
3. Mozi. — Vol. 8. — On Ghosts III. — 31st.
4. Zhou Li. — Land Official Situ. 2nd. — Official Matchmaker.
Материал поступил в редакцию 15 января 2016 г.
РОССИЙСКО-КИТАЙСКИЙ СТРАТЕГИЧЕСКИЙ ОБЪЕДИНЕННЫЙ ИССЛЕДОВАТЕЛЬСКИЙ ЦЕНТР КРУПНЫХ ИССЛЕДОВАТЕЛЬСКИХ ПРОЕКТОВ
Брачное право в петроглифических текстах Китая эпохи неолита
ЛИ Фан — Профессор права, младший научный сотрудник в области археологии, Юридический факультет, Университет Хейлудзян
[email protected]; [email protected] 150080, 74, Xuefu Road, Harbin, China.
Аннотация: В настоящее время известно о 9 сводах петроглифических текстов Китая эпохи неолита, формулирующих нормы брачного права (10.000 — 4.500 до н.э.). Существуют три модели в двух категориях текстов. Картографическая модель рая и земли используется в текстах раннего неолита (10.000 -7, 000 до н.э.).
№ 11 (120) ноябрь 2016 LeX RUSS1CA 153
LEX HUSSICA
имени О.Е. КУТАФИНА
ПРАВО ЗА РУБЕЖОМ
Непосредственно модель земли и модель смешанных браков, основанная на ней, стали использоваться в эпоху среднего неолита (7.000 -5, 000 до н.э.). Лунно-солнечный календарь Цзы Вей неолитического Китая установил закон, по которому мужчины и женщины образовывали пары, имитируя календарь, где Солнце—Времена года сочетались с Луной — лунными месяцами. Историю брачной системы неолитического Китая можно разделить на три этапа: равноправная полигамическая система, первая стадия моногамии и вторая стадия моногамии. Равноправная полигамия — это форма брака, которая до сих пор не изучена. Необходимо, чтобы равное число мужчин и женщин из разных групп образовали брачный союз. Сегодня известны только две формы подобного брака: одна форма — это десять мужей и десять жен, вторая — три мужа и три жены. Моногамия - это логический результат эволюции равноправной полигамии, а соответственно, она разделяет идею о равноправии и равенстве. Свобода и равноправие — это две ключевые идеи неолитического Китая. Основанное на идее справедливого распределения благ равенство полов, как в количестве, так и в качестве, стало использоваться и в принципе равенства для всех. Основанный на принципе кооперации, т.е. на максимальных совместных усилиях в достижении целей, принцип взаимодействия между полами отражал идею всеобщей свободы.
Ключевые слова: брачное право в петроглифических текстах, неолитический Китай, лунно-солнечный календарь Цзы Вей, равноправная полигамия, моногамия, свобода, равенство, справедливость, справедливое распределение благ, принцип кооперации.
