Abstract
Abstract The rule of ‘Li’ (De-Zhi), which embraces the spirit that morality and law are one, historically underpinned China’s legal institution. Even though it is no longer recognised in Taiwan’s legal institutions, it still influenced judges when they had to decide whether a court-ordered apology should be constitutional. A critical analysis of Judicial Yuan Interpretation No. 656 [2009] through the lens of Hans Kelsen’s pure theory lays bare the quandary facing the judiciary in a Confucian society, that whilst the judiciary appreciated the merits of the rule of law, it hesitated to tell the people that morality is not law.
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