ling 令, sub-statutes of the legal code

The fundamental meaning of the word ling 令 is "the sovereign's order to his ministers," and therefore, it resembles the word ming 命 "order, command" (used in concrete situations), but at a lower level with a sense of permanence. The Song-period 宋 (960-1279) dictionary Zengyun 增韻 (i.e., Zengxiu libu yunlüe 增修互注禮部韻略) notes that for essential matters, the emperor used the term ming, whereas for less critical issues, subordinates employed the word ling (da yue ming, xiao yue ling; shang chu yue ming, xia chu yue ling 大曰命，小曰令。上出曰命，下出曰令). The "judicial" character of ling is clear in the seasonal or monthly ordinances (shiling 時令; yueling 月令) concerning agricultural activities that have permanent validity. The modern term mingling 命令 generally refers to "orders, commands".

The word ling first appears in the Classic Shangshu 尚書 "Book of Documents" (ch. Tongming 同命) in the phrase "[the former kings] articulated warnings and issued commands" (fa hao shi ling 發號施令). Xu Shizeng 徐師曾 (1517-1580) elaborates in his literary critique Wenti mingbian 文體明辨 that (written) ling orders put into effect charges (ming 命), speeches (shi 誓), and announcements (gao 誥) (yi ling xing zhi 以令行之).

The enforcement of orders was crucial, as the Hanfeizi 韓非子 (ch. Shixie 飾邪) states, "orders must be executed, and prohibitions must be upheld" (ling bi xing, jin bi zhi 令必行、禁必止). The Xunzi 荀子 (ch. Wangzhi 王制) emphasises that following this principle would perfect the sovereign's affairs (wang zhe zhi shi bi yi 王者之事畢矣).

Ling orders are typically used in specific contexts, such as edicts and orders (zhaoling 詔令), instructions and commands (chiling 敕令), or laws and administrative directives (lüling 律令 or faling 法令). Daily usage differentiated between orders for civilian governance (zhengling 政令) and military commands (junlin 軍令).

In pre-imperial times, and from the Han period 漢 (206 BCE-220 CE) onwards, the use of ling was reserved for the sovereign and high ministers. For instance, Yue Yi's 樂毅 (early 3rd cent. BCE) Ling junzhong 令軍中 "Order to the army officers" and Xiao Hes 蕭何 (d. 193 BCE) Ling zhu dafu 令諸大夫 "Order to the grand masters". The term ling also appears in lower levels of administration, as seen in the official post of ling 令, which refers to the head of districts (xian 縣) or officers with various functions in the central administration.

The Qin dynasty 秦 (221-206 BCE) restricted the use of ling to the Empress (huanghou 皇后) and the Heir Apparent (taizi 太子), while royal orders were called zhao 詔. In later periods, the terms ling or lingshu 令書 continued to be used for orders issued by Empresses and Crown Princes.

From the Wei period 曹魏 (220-265), ling orders became focused on the direct relationship between superiors and subordinates. The use of ling orders was widespread; consequently, many related terms evolved, such as lingshu 令書 "written order", lingzhi 令旨 "imperial order", jiaoling 教令 "instructional order", yiling 遺令 "last will (of the sovereign)", weiling 位令 "order of appointment", zhiyan ling 直言令 "directly (orally) pronounced orders", xuanling 宣令 "promulgated orders", faling 伐令 "order to attack", shouling 手令 "personal order", miling 密令 "secret order", and lingshu 令疏 "order [in response to a] memorial".

The Han-period glossary Shiming 釋名 employs a wordplay to connect the term ling with the word ling 領, meaning "to guide, to lead". This indicates that ling "orders" were intended to "guide" individuals so they would not commit offences.

In the realm of jurisdiction, ling were regarded as supplementary arrangements used for cases where the broader statutory law (lü 律) was insufficient. Despite this supplementary nature, the ling took precedence over the lü in instances of conflict. The social, economic, and administrative complexities of the early empire necessitated a distinction among different realms of ling orders. Examples include the Kenling 墾令, which are "Orders on land reclamation," mentioned in the legalist text Shangjunshu 商君書, alongside the Jinbu ling 金布令 on currencies, Tianling 田令 on field distribution, and Chuiling 箠令, which were whipping orders for corporal punishment (see chi 笞) during the Qin and Han periods. The Han administration was known to compile numbered codices of ling orders, such as Ling jia 令甲, Ling yi 令乙 and Ling bing 令丙.

The use of ling orders in law-making flourished until the end of the Ming period 明 (1368-1644). Although the Da-Ming ling 大明令, as an extra code alongside the Da-Ming lü 大明律, continued to hold significant influence in administrative and judicial affairs, the Qing dynasty 清 (1644-1911) expanded the lü statutes with precedents, li 例, as shown by the Qing Code's title, Da-Qing lüli 大清律例, and employed the term ling solely in the context of case-related regulation ("order").