Crime and punishment MIDTERM EXAM

Mandate of Heaven

• Ancient Chinese philosophical concept justifying imperial rule.

• Stated that rulers governed by divine will but could lose legitimacy through misrule, leading to rebellion.

• Foundational to governance from the Zhou Dynasty (1046–256 BCE) onward.

Confucianism

• Ethical system founded by Confucius (551–479 BCE) emphasizing moral virtue, filial piety, and social harmony.

• Promoted governance through ritual (li) and ethical persuasion rather than strict legal codes.

• Qing Dynasty (1644–1912) deeply integrated Confucian principles into its legal system.

Legalism

• Philosophy advocating clear laws, harsh punishments, and absolute state control.

• Prioritized order over morality, with law (fa) as the primary tool of governance.

• Strongly associated with the Qin Dynasty (221–206 BCE) but later blended into the Tang and Qing Codes.

Ritual (li)

• Confucian concept of social customs and moral conduct for maintaining order.

• Encouraged behavior through tradition and hierarchy, rather than strict enforcement.

• Key component of governance from the Han Dynasty (206 BCE–220 CE) onward.

Law (fa)

• Codified legal system that often contrasted with Confucian ritual (li).

• Legalists viewed fa as absolute, while Confucians believed it should be applied with moral discretion.

• The Qing Code balanced these two approaches.

The Ten Abominations

• List of the most severe crimes, including treason, rebellion, and patricide.

• Considered direct threats to moral and political order and carried the harshest penalties.

• Included in major legal codes like the Tang and Qing Codes.

The Eight Deliberations

• Special legal privileges for nobles, officials, and their families.

• Allowed for reduced or delayed punishment in certain cases.

• Formalized in the Tang Code (7th century).

The Five Punishments

• Standard legal penalties in ancient China, evolving over time.

• Tang Code punishments: beating (light/heavy stick), penal labor, exile, and death.

• Qin Dynasty also used mutilation as a punish

Judicial Torture

• Used to extract confessions since a confession was critical for conviction.

• Tang and Qing Codes regulated it, but abuses still occurred.

• Included beatings, stretching limbs, and pressing fingers in wooden frames.

Analogy (bi)

• Legal principle allowing magistrates to apply existing laws to new cases.

• Helped maintain justice in complex legal scenarios but also introduced subjectivity.

• Commonly used during the Qing Dynasty.

Mourning Degrees

• Determined legal obligations and punishments based on family relationships.

• Crimes against closer relatives received harsher penalties to reinforce filial piety.

• Codified in the Tang and Qing legal systems.

Six Ministries (Six Boards)

• Central government departments handling administration.

• Included Personnel, Revenue, Rites, War, Punishments, and Works.

• The Ministry of Punishments oversaw legal cases and judicial administration.

The Rule of Avoidance

• Prohibited officials from serving in their home provinces to prevent corruption.

• Ensured impartial governance but often isolated magistrates from local customs.

• Strictly enforced during the Ming and Qing Dynasties.

Examination System

• Primary method of selecting officials, testing candidates on Confucian classics.

• Ensured a meritocratic bureaucracy but favored the wealthy.

• Existed from the Han Dynasty until its abolition in 1905.

District (county) Magistrate

• Chief local official responsible for administration, taxes, and legal cases.

• Acted as the "father-mother" of the people, but was often overburdened.

• Key figure in local governance and justice.

Yamen

• Office and residence of a district magistrate.

• Served as the legal and administrative center of a county.

• Housed clerks, runners, and other staff.

Runners

• Low-ranking legal enforcers assisting magistrates with arrests and punishments.

• Underpaid and corrupt, often relying on bribes.

• Played a vital but problematic role in the legal system.

Clerks

• Administrative staff in the yamen, responsible for record-keeping and legal documents.

• Controlled case outcomes due to influence over legal paperwork.

• Like runners, they were prone to corruption.

The Tang Code

• 7th-century legal code blending Confucian and Legalist principles.

• Provided detailed punishments for various crimes.

• Served as a model for later dynastic laws.

The Washing Away of Wrongs

• First known forensic science manual, written by Song Ci in 1247.

• Instructed magistrates on examining corpses and determining causes of death.

• Marked a significant advancement in legal medicine.