The traditional Chinese legal system Essay Example for Free

The traditional Chinese legal system Essay The traditional Chinese legal system has been designed to keep order, rather than to enforce a system of individual rights and equality. (Orts, 2001) The state is protected by reinforcing a social and moral structure that mirrors relationship within family to the relationship of the individual to the state. (Orts, 2001) At the heart of traditional Chinese thought is the idea that everything is dominated by a cosmic universe of which there are three forces: Heaven, Earth and Man. Worship of a Supreme Being is not part of the traditions beliefs, however the political foundation of the state is based on a supernatural order that Heaven’s representative on earth is the Emperor. (Orts, 2001) The Emperor therefore expected his subjects not merely to follow but to worship. The basis for his rule is almighty, but the laws by which he governs have no divine origin except that they are promulgated by the Emperor. (Orts, 2001) A new dynasty could, and usually did, wipe out the previous Code and establish an entirely new one. Since these laws were valid only to the extent that they had come from the Emperor, it would be difficult for a new dynasty to justify using the previous code. (Orts, 2001) Three major schools of thought dominated the Chinese empire: Confucianism, Taoism and Legalism (Fa Jia). (Orts, 2001) Taoism is both a religion and a philosophy, but since its primary influence is on Chinese art and poetry, it has little to say that is applicable to the legal system. The Confucian and Legalist schools of throughout have competed to dominate the imperial system of justice. (Orts, 2001) As the first â€Å"unified† Chinese imperial dynasty, the Qin dynasty relied on a legalist code of laws to ensure unity, obedience and loyalty to the governing body. (Fu, 1996) The later Han Dynasty maintained the Empire using a very different code derived from the teaching of Confucius. Though both dynasties ruled a vast unified Empire for a number of years, the methods, laws and governments they used were markedly different. The question underlying the contrast between legalism and Confucianism is whether either provides a formula for long-lasting, peaceful imperial rule. Although it was very short, the Qin is one of the most important legal system because it is the closest China came to a purely Legalist system. (Fu, 1996) The best original source on law in the Qin dynasty is from the grave of a Qin official discovered in the 1970s. (Fu, 1996)A set of administrative laws inscribed on sheets of bamboo set out common crimes and their punishments. These range from killing children or slaves without permission (as in later dynasties, a parent could seek approval from the magistrate to kill a child who had failed to obey them) to failure to care for one’s horses or not using the standard weights and measures. (Fu, 1996) The Qin were able to centralize their rule in central-eastern China as the most powerful of the Warring States. (Fu, 1996) Under the Qin, a centralized bureaucracy was established and the separate portions of the Great Wall were unified. The Qin dynasty also saw the construction of a road system, the division of the empire into states, and adoption of a series of standards in currency, weights and measures and an official script. (Fu, 1996) Under Qin ruler Qin Xioagong, Shang Yang wrote a series of reforms that would form the basis for the legal system under the Qin. (Fu, 1996) Although there was little time to implement his reforms before the Han took over, Shang’s reforms are considered the basis of the Legalist approach. In 356 BC, Shang ordered the destruction of documents on Confucian thinking, which unfortunately included volumes of material on the pre-Qin Confucian material such as the Book of Songs, and the Book of Documents. (Fu, 1996)He also organized the military into ranks and implemented Li Kui’s book of law. Six years later, Shang reformed the tax system and a standardized system of land allocation. (Fu, 1996)Shortly after the death of the Qin Xiaogong, Shang found himself the victim of one of the harsh punishments he advocated when he was executed by being pulled apart by four chariots. Following the death of Shang Yang, the campaign against Confucian scholars continued and hundreds of Confucian scholars were buried alive. (Fu, 1996) The Qin dynasty is important in comparison to later systems because despite the substantial success it had in establishing an infrastructure and a solid base of power from which to exert authority, the system collapsed upon itself. (Ren, 1997) The harsh punishments caused revolts by people who had incentive to revolt because they would otherwise be executed. (Ren, 1997) The rule of law during the Qin dynasty was influenced by the philosophical tenets of legalism. (Fu, 1996)Legalism is a philosophy that advocates strict adherence to law and obedience to authority. The laws in question tend to focus on punishment for disobedience. (Fu, 1996)The characteristics of legalism were necessary for the government to exercise the degree of control that it did, in order to unify China, and administer this large empire. (Fu, 1996)The legal philosophy of legalism defines law as a tool used by the powers that be to enforce behavior demanded of the leadership in question. As such, legalistic philosophy focuses upon the punitive aspect of law, rather than a positive aspect(Fu, 1996). A 1975 discovery of Qin legal documents gave historians their first detailed look at the specifics of administrative and criminal law in the Qin dynasty. (Fu, 1996) In terms of punishment given for offenses, the Qin legal code offered a gamut of severity that included several forms of execution, five types of mutilation, forced labor, shaving of a beard, and any number of monetary fines. (Fu, 1996) Theft of property had many penalties that were predicated on a number of factors. Such factors included the social rank of the perpetrators, the number of participants, and the value of the property stolen (or targeted for theft). (Fu, 1996)Punishments in the category of theft ranged from monetary fines to terms of bonded service. In the area of violent crimes, the penalties are clear and precise. An act of violence against a spouse or child warrants cutting off of a beard, as does mutilation of another in a fight. (Fu, 1996) The killing of children is punished with tattooing and hard labor. This only applies if the child in question is without physical or mental defects; in other cases, it is not illegal to kill a child. Conspiracy to commit murder is punishable by death, as is the murder of a male heir to a relative. Despite the reputation of Qin justice as cruel and arbitrary, investigation of crimes was done in a fairly meticulous manner. (Fu, 1996) Torture of witnesses, for example, had to be documented, and was only allowed in cases where a witness’ statement, freely given, did not make sense or contradicted known facts of the case. (Fu, 1996)It is also noted in Qin law that flogging is not the preferred way to obtain accurate information. In general, the laws of the Qin dynasty, rather than being arbitrary and cruel, reflect a sophisticated consideration of such matters as intent, mens rea, and degree of severity. (Fu, 1996)While the penalties outlined may seem to be quite extreme, they reflect nothing more than the practices and standards of the time and culture in which they were executed. (Fu, 1996) The Han dynasty is recognized for centralizing the Chinese empire and dissolving the noble-run state system. (Perenboom, 2002) In the place of the feudal system, the Han developed a bureaucracy, ostensibly merit-based, which would last for the next two millennia. Although we know less about the Han legal system than we do the later dynasties, the Han dynasty is worth a discussion because of the foundations it laid for physical and political infrastructure. (Perenboom, 2002) The population of the Chinese Empire under the Han was about 50 million. (Perenboom, 2002) It was during this period that the Silk Road, the trade route to the west, was developed. (Perenboom, 2002) Although the Han adopted Confucianism as the official state doctrine legalist influences remaining in the penal emphasis of the system and the formulaic quality of the laws (the crime of x is punished with y). From a Confucian perspective, modeling proper conduct was the best way to maintain order. (Perenboom, 2002) These rules of behavior are called li, a general code of proper human conduct in human society. (Perenboom, 2002) These rules incorporate institutions and relationships that are necessary for harmonious living. Legalists, however, propounded a written law with specific punishments that would deter bad behavior, which is referred to as fa. (Perenboom, 2002) Where li is designed to prevent conflict, fa is designed to punish it, and thereby deter. The school of philosophy based on the teachings of Confucius (551-479 BC) formed the basis of the traditional political system beginning in the Han Dynasty. (Perenboom, 2002) Confucius was from a minor noble family in what is now Shantung province. Although he never obtained an official position of any significant power, his students passed on his teaching on government and social relationships. (Perenboom, 2002) Confucianism recognizes five key relationships in society, each with its correct virtue. One of the most important was the relationship between father and son, and the primary virtue in that relationship was filial piety. (Perenboom, 2002) Another key relationship was that between ruler and subject, where loyalty was the proper attribution. (Perenboom, 2002) Brothers should exhibit, not surprisingly, brotherliness, and between husband and wife love and obedience was paramount. (Perenboom, 2002) Finally, between friends there should be faithfulness. (Perenboom, 2002) The moral feelings and obligations between people generally, and in the five relationships especially, are called jen. In Confucian thought, there is no separation between duties and mores in and to the family and the state. (Rosett, Cheng, Woo, 2003) Although the emperor has the greatest responsibility because he must care for his subjects as his children but he has little accountability to them. (Rosett, Cheng, Woo, 2003) The people’s relationship with the emperor is within the relationship of filial piety, they depend on him to be fair and act in their best interest, but they have no right to expect him to do so, and no recourse when he did not. The emperor was not accountable to the law; he had absolute authority to change and overrule the law on a case-by-case basis. He could also issue edicts to change the laws, and create ex post facto law. The hierarchy of relationships (li) was primary to the codified law (fa), and where the two conflicted the li should triumph. (Rosett, Cheng, Woo, 2003) Individual rights were subjugated to the paternalistic authority of the state. (Rosett, Cheng, Woo, 2003) Adherents to Confucianism were suspicious of an institutional law but accepted it as a necessary evil. Confucianists argued that a legal system of fa would encourage people to act exclusively in self-interest and lead to corruption. (Hucker, 1975) If everyone acted in their proper roles in accordance with the li and in the interest of their family and the state as the two concentric duties, theoretically there would be no need for a legal system. (Hucker, 1975) Practically, however, Confucian officials knew punishment would still be necessary where people failed to obey the li. However, Confucian scholars continued to argue that the moral training of the ruler was more useful to promote harmony than coercion. (Hucker, 1975) In the end, the Chinese legal system had a healthy amount of both. (Hucker, 1975) The first Han Emperor, Gaozu (256-195 BC), was one of only two Chinese emperors to rise from the peasant class. (Hucker, 1975) During the Qin dynasty, he was a low-level police officer in Jiangsu province who was detained in his duty of transporting prisoners by bad weather. According to the laws of the legalist Qin, this failure, even though he was not at fault, was punishable by death. Having nothing to lose, he led the prisoners in revolt. (Hucker, 1975) This group eventually grew into an army and he ended up in position to overthrow the Qin and establish a dynasty of his own. (Hucker, 1975) Although Confucianism was embraced as the official state doctrine, Gaozu recognized the importance of creating a written legal code. (Dull Chu, 1972) The official in charge of the legal code was Xiao He, who had served with Gaozu during the uprising. The code eventually the legal code took up 906 volumes, and was divided into 60 sections. (Dull Chu, 1972) Under Emperor Wu Di, the official Dong Zhongshu required that the verdicts be supported by a rationale which applied the statutes to the facts of the case. (Dull Chu, 1972) It was during this period that the first laws against the killing of slaves appeared. In addition, nobles and officials were not permitted any deference compared to peasants when it came to prosecution and punishment. (Dull Chu, 1972) Dong also imbued the laws with elements cosmic harmony. He believed that the legal system should try to sort out imbalances in yin and yang and reflect the harmony of the five elements: wood, fire, earth, metal and water. (Dull Chu, 1972) Despite the wide application of laws, severe and grisly punishments were still popular. (Dull Chu, 1972) Typical punishments included killing of the defendant’s relatives, facial tattooing (particularly for theft), castration, amputation of the nose or of one or more of the feet, wearing an iron collar, exile, and a variety of methods of execution, such as death by cutting in two at the waist, boiling and beheading. Among the non-capital punishments, minor offenders were often subject to long terms of servitude on state projects. (Dull Chu, 1972) Exile was also used as a common punishment during the Han dynasty. (Dull Chu, 1972) Despite the similarities between Qin and Han law and punishment, the Confuscian philosophy of the Han dynasty became the one from which the rule of future dynasties would derive, while the legacy of the Qin dynasty was largely lost in the annels of history.

The Scouting Program :: Exploratory Essays Research Papers

The Scouting Program  Ã‚  Ã‚      Scouting is one of the most rewarding and fun organizations that boys can be a part of. The program focuses on the morals and character of the boys, and tries to teach them everyday skills that are basic to living in the world today. It seems that in our schools today there is more and more fear and our kids are becoming, in some cases, almost anti-social. This fear is not the fear of doing well or failing a test, but it is a fear of their fellow students. In our attempt to teach our children in a world that continues to be increasingly hectic, we may be failing at our job of providing them with the means of developing the basic human traits that build character. This training is desperately needed in our schools, but the school system does not have the time or resources to do this task alone. In the Webelos Scout Book the Scouting Oath reads:    On my honor I will do my best To do my duty to God and my country And to obey the Scout Law; To help other people at all times; To keep myself physically strong, Mentally awake, and morally straight.    This appears to be a tall order, but in the teachings of the Scouts, you can start out at a simpler level by teaching about respect, pride, and friendly acts like offering others a smile or a kind word. Scouting helps gives our boys the knowledge and skills they need to become vital and caring members of the community.    The Boy Scouts of America was incorporated on February 8, 1910. Their first headquarters was opened in a YMCA office in New York. This group had developed from and idea that Robert Baden-Powell, a war hero from England, had when he saw the interest that boys took in a book he had written about tracking and stalking. The book had been written for his regiment while he was in the service, so he changed its contents somewhat and called it Scouting for Boys. Ernest Thompson Seton , a naturalist, artist, author, and founder of the Woodcraft Indians, a boys organization in the United States, became the first Chief Scout of the Boy Scouts of America.

Mecca Silk Conditioner a Research Paper

Abstract Generally, the study wanted to make a homemade conditioner from eggyolk, flour, malunggay oil extract, cucumber juice and calamansi juice and Shall be called â€Å" MECCA Silk Conditioner. † Specifically, it tries to find out if oregano leaves eggyolk, flour, malunggay oil extract, cucumber juice and calamansi juice be made into a conditioner. Among the treatments, which one are the best proportion for the homemade conditioner and if there is a difference between the newly produced MECCA Silk Conditioner and the commercial one in terms of smell, appearance and shining effect.The materials were gathered and prepared. Cucumber was peeled, cut and pounded to get its 20 ml. juice. Calamansi fruit was also cut and squeezed to extract the 20 ml. juice. Twenty ml. detergents were measured. Three grams of Malunggay Leaves was boiled in 50 ml. vegetable oil. The beaker was covered and removed only when boiling starts. It was boiled for 3 minutes. It was then cooled for 5 minut es and strained in clean containers. Thirty ml. water was poured in a 100 ml. flour and stirred until well- blended.Two medium-sized egg yolk were beaten until sticky. Measured Malunggay oil, detergents, cucumber and calamansi juice were added little by little and stirred continuously. The mixture was added to the flour and mixed thoroughly until it looks whipped. Poured in a clean container, label its name, use and expiry date. The contents of the chosen ingredients which are carefully studied by the researchers and the positive effects to the respondents made the newly produced product to be an alternative conditioner for the commercial one.Aside from the availability of materials in the environment, it is also easy to prepare. Treatment B, came out to the best proportion for the produced deodorant as a result of the series of experimentation and through the application and evaluation of the five respondents. MECCA Silk Conditioner appeared to have shining effect, smooth and manag eable in appearance . It last for a day therefore it is acceptable and comparable to the commercial one. IV. Research Plan a) Materials and Methods

The Striking Of A Legal Deal Example For Free - Free Essay Example

Sample details Pages: 3 Words: 1009 Downloads: 1 Date added: 2017/06/26 Category Business Essay Type Analytical essay Tags: Influence Essay Did you like this example? Whenever we try to influence another person through an exchange of ideas we are negotiating. Most of us knowingly or unknowingly are involved in one or the other form of negotiation. Examples include: drawing up contracts, fixing your salary for job, purchasing from roadside vendor etc. Don’t waste time! Our writers will create an original "The Striking Of A Legal Deal Example For Free" essay for you Create order Even deciding on where to have lunch also uses negotiation process. This is the instance of a business deal going on where the representatives of two different firms are present. Negotiator 1 is the representative of company A and Negotiator 2 is representative of company B. Company A wants to sell a very precious piece of Art and has to pay a bank loan of Rs 5 lacs. Company B wants to buy the art but they have a budget constraint of Rs 5 Lacs above which they cannot pay. For company A itacirc;â‚ ¬Ã¢â€ž ¢s urgent to repay the loan, so they cannot dismiss the deal and for B also the art is of absolute necessity and they must have it. The two negotiators are asked to negotiate as much as they can and come to a deal in 10 minutes. Given is the maximum bargain range is Rs 1 Lacs to Rs 10 Lacs. But after 2 minutes into the game, suddenly the two negotiators get some message from their companies regarding the deal. A informs that due to delay in loan payment there has been a pe nalty of 0.5 lacs and asks its representative to sell the art at not less than Rs 5.5 Lacs. B informs that due to high expense in other operations of the company their budget has reduced by Rs 0.5 Lacs and they cannot pay beyond 4.5 Lacs. The game was played twice between two different sets of people. In the first round all the information were public, so the player knew what are the constraint of the other player and what circumstances have changed. In the second round all information was private, so the player had no clue about other player except the fact that he wants to buy/sell a piece of art. Findings of the study and Generalization: Round 1. (All information Public) Deal Price: Rs 4.9 Lacs In round 1 all the information were given to both the players. This also included the information given in between the game, which was announced to both players. The discussion went ahead very well as the first negotiator started with an offer of 7 Lacs to sell. The second negotiator demanded the art at 4 lacs saying the budget constraint and miscellaneous expenses. Finally after much discussion the deal was struck at 4.9. Round 2 (All information Private) Deal Price: Rs 5.3 Lacs In this case the information only specific to the company one belongs was passed to the players. The net result was that the first player asked for a price of 9 Lacs while player 2 was ready to give only 2 Lacs. It also must be noted that in this case people were very stubborn on their standings and it took a lot of time to reach to a final deal price. And finally the deal was struck at Rs 5.3 lacs. Below are the various findings i n both the cases In round one, players were not very stubborn and they were ready to alter their stand. It was easier to come to a deal in round 1. And also it took lesser time to fix the deal. In round 2 the deal value is a lot biased towards one end. While in round one the deal price is almost the mean price of both players. The initial offer was too high/low in the second round compared to the first. Implications: Round one seems to be a good example of integrative negotiation. In round one because players knew about the constraints of others they were flexible and also the expectations were not very high. This is substantiated with the low initial offers made. Round two seems to be a case of distributive negotiation. This is substantiated by the very high/low initial offers. Also it took a lot of time to come to a deal and each party was trying to achieve the maximum gain without thinking about the other. Generalization: It is clear from the experiment that when each party discloses its constraints and the negotiation starts in a friendly note the outcome is preferable for both parties. Here generally the negotiators are open with their constraints and as a result the final deal is more aligned towards mutual benefit. Here the deal ends in a positive note and it gives a very good chance to build a relationship. Therefore integrative negotiation is always a better form of negotiation and it can be achieved with proper negotiation skills. Implication of Group work: Generally while working in a group a lot of conflicts arise. But there could be circumstances where all members involved in the conflict could have their own justifiable reason. In this case good negotiation skills will ensure that the individual differences are resolved and the team focuses back on the primary work. Also in case of integrative negotiation the team performance rises as there is a sense of caring and mutual understanding in the team. Contribution to OB: The study in this report tries to analyze the various types of negotiation and their implications. It tries to prove that with proper techniques how two parties in the negotiation table can make a better deal for both of them. In the end it also strengthens the belief that Integrative Negotiation being a case of win-win situation should be the essential mode of negotiation. It gives an example as to how a negotiation can be moved towards integrative negotiation with proper sharing of information. Conclusion: Negotiation is a tool of human behaviour, a tool anyone can use effectively. And in our daily life there are hundreds of instances where we knowingly or unknowingly negotiate. Proper negotiation skills will give us the required advantage in real life. Therefore the definitions of negotiation is not only coming to a mutual agreement but coming to a mutual agreement where both party get benefitted with long term relationship.