During the Míng Dynasty could local authorities make laws?
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Accepted answer
Compared to modern legal systems, the scope of the Ming (and similarly Qing) legal system is extremely limited, primarily as a means for the Imperial court to govern its bureaucracy of scholar-officials, down to the local magistrates. The Imperial court was not concerned about governing citizens directly, rather it was through layers of hierarchy, from officials to clans and from parents to their children.
The legal code itself was a list of hundreds of crimes and punishments, and local magistrates could only apply them in cases, and not make new ones. Civil law existed but was poorly codified, and magistrates had tremendous leeway in how they ruled, taking into account aspects such as propriety, local customs and precedents. Nevertheless, all rulings by local magistrates must be tied to an existing statute within the code. If none could be found, they were advised to find an analogous statute to apply. This application would then become precedent and affect future rulings.
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