xiānlì: 先例 - Precedent, Prior Example

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Summary: 先例 (xiānlì) is the formal Chinese word for “precedent,” referring to an earlier action or decision that serves as a guide or justification for future ones. Crucial in legal, political, and business contexts, understanding 先例 helps learners grasp how past events are used to shape future actions in Chinese society. Whether it's about setting a new precedent (开先例) or following an established one, this term is key to understanding formal decision-making in China.

Pinyin (with tone marks): xiān lì

Part of Speech: Noun

HSK Level: HSK 6

Concise Definition: An earlier event, action, or decision that is regarded as an example or guide for subsequent similar circumstances.

In a Nutshell: Think of 先例 as the “first example” that sets the rules for everything that comes after. It's a serious and formal concept. When a court, a company, or even a parent does something for the first time, they are creating a 先例. People will look back at this “first case” to decide how to act in the future. This can be a good thing (a positive model to follow) or a bad thing (a mistake one doesn't want to repeat or allow).

先 (xiān): This character means “first,” “before,” “earlier,” or “in advance.” Pictorially, it can be seen as a person (儿) walking forward (止), signifying being ahead or coming first.

例 (lì): This character means “example,” “case,” or “rule.” It's the same character found in a more common word for example, `例子 (lìzi)`.

The characters combine literally and logically: 先 (first) + 例 (example/case) = a “first example” or “precedent.” It is the case that came before all others of its kind.

In Chinese culture, which places a high value on history and established order, the concept of a 先例 is extremely important. While China's legal system is primarily based on civil law (written statutes) rather than common law (judge-made precedents), the informal power of a 先例 in social, political, and business spheres cannot be overstated.

Comparison to Western “Precedent”: In Western common law systems (like the US or UK), “precedent” (stare decisis) is a formal, binding doctrine that courts are required to follow. In China, a 先例 is often less of a legally binding rule and more of a powerful guiding principle or social expectation. A decision made by a person in authority (a leader, a manager, a senior family member) creates a strong expectation that the same decision will be made in the future.

Related Values: The fear of “setting a bad precedent” (开一个坏的先例) is a common motivation in Chinese decision-making. This reflects a desire for stability, predictability, and harmony. Breaking from the past or creating a new, unproven path is seen as a significant act that requires careful consideration. It connects to the cultural value of learning from history and respecting the actions of those who came before.

Formality: 先例 is a formal word. You will hear it in news reports, legal discussions, and business meetings, but rarely in casual conversation with friends.

Business Context: When a company makes a major decision for the first time—for instance, offering a four-day work week or a new type of employee bonus—it is said to be `开先例` (setting a precedent). Managers are often cautious about this, as employees will expect the same treatment in the future.

Personal Context: While less common, it can be used in serious family matters. For example, if parents buy the eldest child a car upon graduation, they are setting a 先例 for the younger siblings, who will likely expect the same.

Legal Binding: Remember that a Chinese 先例, even in a legal context, does not carry the same automatic, binding force as a “precedent” in a common law country. It is better understood as a “guiding case” or a “strong reference point” rather than an unbreakable rule.

例子 (lìzi) - The common, everyday word for “example.” It lacks the formality and pattern-setting implication of 先例.

案例 (ànlì) - A “case” or “case study.” Often used in legal, medical, or business fields to refer to a specific, documented instance. A 先例 is the first 案例 of its kind.

榜样 (bǎngyàng) - A positive role model. While a positive 先例 can function like a 榜样, 榜样 usually refers to a person's behavior to be emulated.

惯例 (guànlì) - Convention, custom, usual practice. This is what develops after a 先例 has been followed for a long time.

史无前例 (shǐ wú qián lì) - An idiom meaning “unprecedented in history.” The most direct and powerful way to say something has never happened before.

前车之鉴 (qián chē zhī jiàn) - Literally “a lesson from the overturned cart in front.” It refers to a negative precedent, a past failure that should serve as a warning to others.

常规 (chángguī) - Convention, routine, the normal way of doing things. The opposite of breaking a precedent.