This research considered the development of laws in ancient China. He gathered information about this matter and applied it to the nature of the practice of the playful Goddess. Through careful consideration of what has been written about law and order in ancient Chinese society, we will gain a better understanding of how these issues affect the development of modern society. In addition, by examining the specific context of law and order in ancient Chinese society, he will be able to relate these questions to the practice of the Goddess Judge.
Law and Order in Ancient China-An Overview
Critically reviewing what has been written about the development of law in modern China, researchers note that many Western scholars have thought that modern law and order in China was the result of the imposition of Western ideologies on social development (Peerenboom, 2002). This assertion is often encountered because Western scholars have not paid enough attention to the historical development of law in China’s imperial era. As such, when Westerners look at the law and order system in China, many fail to see the direct correlations that exist between Chinese society and its past. Often, Chinese historians are admired in the dark by Western scholars.
Peerenboom (2002) goes on to note that the oldest known theories of Chinese law and order are classified as lizhi and fazhi. The main difference here lies in the context of li and fa. Li is defined by traditional rites or rituals, while fa is defined by law. Although there are specific distinctions between li and fa, both are considered integral to the development of law and order in the state. Peerenboom tries to pin down these differences, making the following observations:
Lizhi is traditionally associated with Confucianism, the political order predicated on it and prevailing primarily refers to li or rites, that is, traditions, customs, manners and norms. On the other hand, fazhi is associated with Legalism, political order is achieved primarily through reliance on fa or laws, that is, publicly promulgated, signed standards based on general applicability. on the coercive power of the state (p. 28).
What this effectively demonstrates is that the processes of law and order that arose in modern China derive from both religion and legal mandates. This question is critical to exploring the development of law and order in society.
The importance of religion in the development of law and order, Peerenboom specifically examines the context of lizhi which can be found in the fundamental tenets of Confucianism. Under Confucianism, Peerenboom asserts that the following arguments were made about law and order: “Lead the people by the laws of government and set them up with the penal law (xing), and they will avoid punishments but will be without shame. Lead them by force and perli, and you will have them through shame, and moreover they will become men of good character” (p. 28). When placed in this context, it will be clear that the imposition of law and order in ancient Chinese society is a mechanism for thinking that is an element of social understanding that makes everyone aware of a greater obligation to the community. Through the development of shame and its association with the process of maintaining law and order, Chinese authors had psychological weapons to combat the development of deviance. character.
While the basic tenets of Confucianism were developed as a means to impose the preeminence of the social order, researchers note that at the same time legal philosophers make a strong case for establishing the fa means. to ensure law and social order (Yao, 2000). Specifically, Yao notes the main differences between li and fa in the context of how to govern the state. “Within the application of Legalism, universal laws punish all those who violate them in order to maintain social order; for Confucianism, universal virtues lead someone who learns and practices to good” (p. 70). Legalism also provided the principal method for the state to acquire wealth and power. Therefore it is not surprising that jurisprudence quickly became a powerful force in the government of the state during the imperial era in China. Yao argues that legalism could rival Confucianism for several years.
Although Confucianism and the use of li were dominated by the structures of legalism, students working in the Confucian tradition attempted to modify Confucianism to allow this practice to better meet the concrete needs of society. In their examination of the development of Confucianism and law and order in China, Bell and Chaibong (2003) make the observation that, as Confucianism began to decline in the imperial era, scholars quickly worked to restore the practice so that it was more relevant. issues and problems facing society at that time. As such, when China began to modernize and formally establish its Constitution, the principles of Confucianism that had been established toward the end of the imperial era had a great influence on specific practices with respect to legal issues. “They discuss how people relate to each other and define their place in the family and society according to li. In so far as li for East Asians…names, a normative universe, or structure of meaning…a structure of meaning according to which people interpret their experience and direct their action” (p. 47).
When this is set in context, it becomes quite clear that the event li is intended to develop social awareness for each individual in society. Confucian teachings support the belief that more than just laws are necessary to foster the well-being of society. When the context of li media is used as a means of connecting individuals in society, the specific methods of legalism that are necessary become almost non-existent. The reason is that when individuals realize the importance of their role in society and follow this role, they can develop understanding and awareness. which is honest right. Confucianism saw this as critical to the development of law and order in society. Without this arrangement, the legal context loses a critical aspect that is necessary for the state to maintain some degree of control over social development.
As China’s journey to modernization has been challenging enough to create a stable social order. Corrin, Grasso and Kort (1991) report that since 1800 the Chinese began to translate ancient texts to establish law and order in modern society. These efforts culminated in the development of the modern legal system, which was very different from those that arose in the West. As noted by these authors, the legal system in China does not function as it does in the West today, where it is well understood that civil. The Code governs the relations between men and the lawprotecting individuals against not only the crimes of other citizens, but against the abuses of the state. In China, the law was strictly subordinated to the interests of maintaining order” (p. 24). These authors note that the central context for the development of law and order in China is predicated on Confucian principles: “Confucian principles according to which the state justified its existence rooted in a dualistic world vision which recognized that secular politics should be subject to higher moral standards” (p. 25).
Although Confucianism has found its way into the development of modern law and order, researchers note that since the beginning of the 20th century, movements have begun to limit the use of Confucian thought in the context of law and order (Michael, 1986). Michael notes that the main attack against Confucianism came in 1919 with the so-called May Fourth Movement, when Chinese students, first in Peking and then throughout the country, protested Chinese humiliation at the end of the Versailles peace treaty. World War I…” (p. 186). When the Chinese government began to act both internal criticisms of Confucianism and external pressure to develop a new political ideology, Michael Confucianism in the context of Chinese culture began to slip from grace;
The whole history of the Chinese was forced into the bed of Procrustean doctrine, and thus China was transformed from the ancient society of slavery by the first emperor to feudalism. As a result, Confucius was portrayed as a reactionary in defending slavery against the feudalism introduced by the first emperor, showing how far historical doctrine could prevail (p. 213).
As such, China’s modernization has brought with it a miserable abandonment of the principles of li, which were once seen as critical to the development and maintenance of law and social order.
What the early history of the development of law and order in China clearly shows is that, until the twenty-first century, Chinese rulers embraced the Confucian ideal of li. Although this principle was clearly dominated by legalism, it is clear that Chinese scholars tried to reconcile Confucianism and legalism in an attempt to create a morally correct society. Although the history of China’s modern development shows that the Confucian principles of li have fallen by the wayside in recent years, it is clear that the tradition of li remains an integral part of Chinese culture. Hu (1960) argues, “Although Confucianism was only one school of thought that developed during the remarkable period of Chinese philosophy between the sixth and third centuries B.C., it can truly be said to have been a truly central element in Chinese intellectual life for over two thousand years of Chinese history.” .. (p. 2).
Practice of the Judge Goddess
With the basic context of law and order in China developed, this information can now be applied to Judge Dea’s practice. Judge Dea is a fictional character created by Robert van Gulik in the late 1950s. In The New Gulik, Judge Dee presides over court cases in Ming Dynasty Ancient China. The character of the Judge Goddess was created in the life of Ti Jen-chieh, who was an official in the Tang Dynasty. In each novel, Gulik described Judge Dee as a newly appointed member of the state court. As such, Dee was free to examine specific situations in the context of universal ideologies rather than the specific cultural norms present in the city (Judge Dee, 2006).
According to Kahn and White (2003), the specific works that have been created with respect to Judge Dee’s character tend to focus on specific cases with related arguments in which Judge Dee and his staff are forced to examine the case “to undertake the free movement of involvement in the investigations they have” (p. 382) In a general survey of the cases encountered by Judge Dee, Kahn and White go on to provide a chronology of early works produced by Gulik.
– The Massacre of the Bell of China. In this text, which was published in 1958 and is set in 1714, the Judge of the Goddess encounters a heinous massacre that took place in the Pooyang region.
– Without Gold Murders: This text was published in 1959 and is set in 1715. In this story, the Judge of the Goddess Peng-lai appointed China as a magistrate. Questions arise when Dee’s predecessor is killed, his bride disappears and a village villain is killed.
– The Monkey and the Tiger: This novel was published in 1965 and took place in China in 1717. This novel is a A collection of two short stories which follows a judge as detectives find the killer of a certain tramp murdered in a certain way.
– The Lacquer Screen. Published in 1970, this text follows Deam in 1717 in China to the court of another magistrate. The overlapping crimes make it difficult for the Goddess to decide who to kill. The goddess soon discovered that the wife of the magistrate had been killed.
Although Gulik published several stories about Judge Dee, these provide an overview of the general storylines that were covered in these stories.
While the specific contexts of Gulik’s stories are similar in many instances, Hurst (1996) notes that a wide range of characteristics in the use of stories combined with the various lines of stories used to expand the understanding of Chinese society provide a dynamism that often leaves. the reader wondering how Judge Dea can respond in the way he does. Specifically, Hurst notes that, “God, who is a rational man, thinks it fair to maintain a society unjust at its foundation…” (Robert van…). Hurst argues: “Goddess’ society is one in which women are oppressed – polygamous wives are kept secret, prostitutes are normal, the sale of daughters to meet debts is common. Contrary to Confucianism, order is emphasized and the continuity of the family provides some certainty (Robert van…) Thus, although some of the decisions made by Dee may seem unusual to the reader, in the end Dee tries to use the social context of the Confucian social order as a means to make the decision.
What is perhaps most interesting about Judge Dea’s actions is that they force the reader to look beyond the specific context of Western ideas of society in order to truly understand what is happening in Chinese society. The context of Confucianism as it relates to the larger context of Chinese society is difficult for many Westerners to understand. Only by examining the actions of Judge Dea in the context of the historical development of ancient Chinese society is it possible to fully understand the decision-making process at Gulik in the new. Hurst, in his examination of the world in which Judge Dee lives, notes that the social order has been established to create a stark paradox. details;
In many ways Judge Dee’s world was totalitarian because everything reinforced the social order. There is no escaping that. All who lived within it were free, but without it there was no freedom, and again it makes a wonder into this world, to show that it can remain even while the forces that have undermined other cultures thrive in it.
The only way Gulik had to overcome these issues was how this company worked in real life. Through the acts of Judge Dea, the reader is presented with a clear picture of how order and social law are maintained in Confucian rules.
Synthesis of Information
When the ancient history of Chinese society is examined in its historical context, it becomes clear how law and social order were promoted and maintained in ancient China. Although some Chinese scholars have argued that it is a purely legalistic system, something similar to what currently exists in the West, many scholars believe that law and social order contain a moral element that is developed in each and every civilization. As such, Confucian scholars have worked to formulate Confucianism that allows for the development of a social order based on specific moral issues that are preached character inherent in each individual. While this process has some appeal in the context of making a more equal and just society, what is revealed from the use of Judge Dea is a paradox created due to the imposition of Confucian thought.
To illustrate this point, Hurst notes that Deam is portrayed as an analytical and logical person in the stories. Despite this disposition, the Goddess often makes decisions that seem out of order with this analytical attitude. What is concluded from the comparison of the logic of the Goddess with her actions corresponds to the higher calling of the Confucian principles that were established in the development of law and social order in China. In many ways it seems like Gulik was trying to highlight how Confucian thought stood in direct opposition to the analytical mindset of the thinker. Although it is clear that Gulik is trying to highlight the difference that exists between Chinese and Western ideologies of law and order, his first clear and logical commentator, it is clear that Gulik is also trying to explain the implications associated with them. how to live life which followed the Confucian teachings of li. An examination of this paradox is critical if individuals are to fully understand the true nature of law and order, which was founded in the context of ancient China.
Conclusion
Ultimately, Gulik’s creation of the playful Goddess provides an integral and necessary insight into the manner in which the basic principles of law and order are shaped by Chinese social constructs in China’s development. Judge Dea’s actions clearly demonstrate issues that arise in the context of adhering to a larger moral code that cannot be effectively dictated from the context of a legal statute. In many cases, Judge Dee had to decide on a moral dilemma based on the Confucian code that served as the basis for the development of society. When this was done, Judge Dea had to put aside his own emotions for logic and reasoning. Only by putting these questions out of the way could Dee’s judgment be made, which would essentially fit into the larger framework of moral aptitude developed by society.
The complexities revealed in Judge Dea’s character go some way to illustrating why Chinese society had to develop a more structured legal code to maintain social order. As China responded to international pressure to modernize in the early twentieth century, it began to lose its proper context for applying moral codes to challenge law and order. This is especially true in the context of the communist framework that was later imposed by the Chinese leaders. In short, the complexity of modernization made it too difficult for China to maintain the paradox that had been created under the ancient system of Chinese law and order. Therefore, it is not surprising to find that it was modernization that ultimately served as the basis for destroying the roots of Confucian thought in the practice of law and order.
Finally, it is clear that the moral codes developed and instituted in the context of ancient China are an integral part of the culture that exists in China. However, it is also clear that the legalistic system that the ancient scholars prevailed in the early years of China has finally developed. He will enjoy the Super, if this system is and continues, the only main system of governing in such a large, diverse and complex society.
References
Bell, D.A., & Chaibong, H. (2003). Confucianism for the modern world England: Cambridge University Press.
Corrin, J., Grasso, J., & Kort, M. (1991). Modernization and Revolution in China. Armonk NY: M.E.
Judge of the Goddess (2006). Wikipedia. Accessed on April 18, 2006 at: http://en.wikipedia.org/wiki/Judge_Dee.
Hu, C. (1960). China: Its People, Its Society, Its Culture. Newport, CT: HRAF Press.
Hurst, L.J., (1996). Robert van Gulik judge Goddess Stories. VECTOR: British Journal of Science Fiction Society. Accessed on April 18, 2006 at: http://dspace.dial.pipex.com/l.j.hurst/gulik.htm.
Kahn, M.A. (2003). Tagged Justice: Legal Thriller in British American and continental courtroom literature. Westport, CT: Praeger.
Michael, F. (1986). China Through the Ages: A History of Civilization Boulder, CO: Westview Press.
Peerenboom, R. (2002). Chinese Long March Rule Law England: Cambridge University Press.
Yao, X. (2000). An Introduction to Confucianism. England: Cambridge University Press.
