How we should study law

How do we learn the law
Published time:2006-11-22 8:50:00 Read several times: 48

In September 2nd last year, is the Qing Empire continued in 1300 the 100 anniversary of the abolition of the imperial examination system of the anniversary, Xiamen University Higher Education Research Center held an international seminar, I also join in the fun to participate in the discussion. I join in the fun, not false, to participate in the meeting of more than 100 people, only I am from law school, the other is the Department of history, political system or around the examination center, they told me the subject expressed surprise, "study of imperial examination in the law?" As if I was an alien. Closed and sealed between disciplines is remarkable.

In group discussions, my thesis "the imperial examination system and the Chinese ancient judicial" didn't cause what "sensation", one is they don't know, but the examination of people are not interested in. Of course, I have no interest in understanding their issues, for example, "Hebei Province in a certain year examinations of several scholars", I don't know what is the meaning of this. At that meeting, I feel very "depressed", "lonely".

The morning of the conference ended, I was busy texting, sitting in a beard by foreigners have to me "questions", he opened my thesis, asked a sentence is what mean. I can find the "bosom friend", and then he speak with fervour and assurance. From the way out, about the restaurant, at the end of the plate clip buffet dinner is still talking about, to talk, I feel, "talkative", and he was asked, "health". This referred to the middle ancient scholar crime what privileges, officials have what privileges, it is the masterpiece of me, he is also concentrate one's attention on listening.

Asked about his profession, he was engaged in educational psychology at the University of Pennsylvania, is American Professor, the research of imperial examination, because of him to do psychological effect of examinations on the exam, USA short history, and Chinese it has 1300 years of history of examination, so he turned to the study of the Imperial examination system. I American scholars in this professional spirit immediately register profound respect. I don't know China has engaged in this area of research, Is it right? Also so much effort? I can't say.

After the meeting, we no longer talk.

The meeting over, every man to his tent, back to their countries, all doing.

A few days later, he received a letter from America E-mail, originally is the Chinese America professor named Sun Kaijian, below is the mail, have a look how Americans understand or law, it touched me greatly, I taught the law never thought. (there is a divine judgment and judicial duel slides, the last letter but I won't stick)

Professor Ma Jianhong:
Hello! Very happy and honored to be met in Xiamen. Special thanks to you that day at lunch so patiently to my layman (with Mandarin say impassability) explain the legal system Chinese history. I really benefit not shallow.
I went back to the USA also often think about what you've said, now a little curious, want your advice. You say, in addition to rebel like case, local officials are usually can not be privately judgment and execution; must wait for Dali Temple Tongxu before execution. I also heard that Yang Naiwu of Chinese cabbage cases also by the five instance, until Ci Xi. But I think: this Is it right? Qing Dynasty system have? Such as the Guan Hanqing dower, not as a magistrate, and then executed judgment; without approval from the central government? Guan Hanqing Quju should probably is the description of the system according to the song or?

Once again thank you for your guidance and explanation.
Shun wish
Autumn
As the sun
Doctor of Science in Education
American Penn State University
Professor of Educational Psychology (psychological)

Professor Sun: hello!
   Very glad to receive your letter, you don't have to persistent pursuit of knowledge!
   This problem you mention I've never thought, this is what inspired me to think Chinese ancient code of law and the reality of life in the law have those differences. From the Wei and Jin Dynasty, indeed formed the emperor or the central judicial bodies to the death penalty review system in the Yuan Dynasty, the Mongols, that is the era of Guan Hanqing's life, the law also clearly stipulates, for ordinary criminal, civil cases, staff 57, by the Secretary, County staff decision; 87, there are scattered, state, county government decision; the rod below 107, pacification office, the main house. Exile and death penalty cases, are reported to the central Ministry of penalty. There is a clause in the new imperial edicts, explains why the report of reason, "anyone who commits a crime to the state government, such as the interrogation, the prison into the lines are broken, the dead can not be resurrected, judge can not be continued; official document onerous, instant decisions, in case of error, human life to weight, regret will and what? I really like! In the future all the death penalty, Yang is our real has pushed to ask, with the story, and decided to recruit, Shen Xuan Fu Si, then review, no doubt, a Chancery Zou Wen, has been reported to be executed." Also stipulates, "the prisoners when the production will be reported to who on the death." The Yuan Dynasty also prescribes the death penalty must be submitted to the judicial officer, not to be reported and executions, to be put to death. "Dou eyuan" in Chuzhou Prefecture not be reporting will be executed, is not in keeping with the law, this is one of the reasons causing this case. If he were in accordance with legal procedures of words, will reduce the chance of a formation. However, later Dou father sinus Tianzhang to hear the case, may be executed prisoners, because the Emperor gave him the privilege, "mr.". However, sinus Tianzhang hearing of their daughter's case, in fact and in violation of the law of "avoidance" program, very interesting.
   Guan Hanqing's play is not to publicize laws, may have additional meaning.
I wonder if you would agree with my interpretation? Hope that more contact, I would like to ask you some American legal problems, because I also taught a course, "foreign legal history", a very important part is USA method.
I wish you a happy life!
                           Ma Jianhong

Professor ma:

Once again thank you for your patience guidance. You explain very clearly, you guess his another meaning, the very reasonable. As you say -- Guan Hanqing is likely to be particularly to create an illegal case situation, to enhance the drama of the story and artistic value. This is a rational speculation.

From your explanation, there are second possibilities: real code is the central government and local officials may be. While Guan Hanqing is in the description of the reality of local officials.

From your explanation, I also got a clue. You mentioned Jianyuan edict refers to that one of the documents. If you said is Kublai Jianyuan edict, why would he said "anyone who commits a crime to the state government, such as the interrogation, the prison into the lines are broken, the dead can not be resurrected, judge can not be continued; official document onerous, instant decisions, in case of error, human life to weight, regret what will be the"?If from the Wei and Jin Dynasties, not yet broken, but local officials always abide by the law, that this edict on the debate, not redundant? From speculation, is likely to be the local officials, in reality, not to follow the law, leading to the central government to repeat the debate. While Guan Hanqing is in the description of reality.

(I think you say Jianyuan letters may be Jianyuan emperor years under the edict, but I think that if there is no state system. )

I actually legal history to be utterly ignorant of the America is. Only know a little bit of common sense and common law. If you would have me you find information, I am very happy to help.
I wish
Ankang
Sun Kaijian

Professor Sun: hello!
   You mentioned in the letter in the "real code of the central government and local officials may be different," is what I want to say. "After the" central to local officials read slanting, the China ancient and now all is the common matter. I often think, 200 years after the Chinese if from our current laws and institutional analysis, some think that we are a nation of laws now, but the reality is not so
I said "Jianyuan edict" refers to the Yuan Dynasty, from the "Yuan Shi. Criminal annals". Death reporting system was established in the Wei, in the "Romance of the Three Kingdoms. Book of Wei. Sima Zhi" records: "the death penalty is at the head table should be, must be submitted to". While in the Eastern Han Dynasty, even the magistrate has the right sentenced to death
  In Chinese history has many system is long, but has some dynasties interruption, like the imperial examination system of waste complex, so there will be the emperor Zhao stressed from time to time underground
   I wonder if you would agree with my interpretation?
   I am watching these days (Main Currents in American Thought), is the version, an important role in the formation of American Puritan system of democracy and freedom is on, there is no dogmatic religious Chinese are difficult to understand. There do not understand, I will promptly please teach you!
I wish to teach!
                         Ma Jianhong

Professor ma:

Not much of American legal history knowledge I, but the religious influence in this respect the law is a point. America law is follow the European influence, and European law by medieval (MEDIEVAL) truth integrity concept. In the middle ages, the most common is the legal concept of ANGLO-SAXON. In this sense, the main problem is not the defendant is guilty, but between the defendant and the plaintiff, who speak the truth who lie. The trial method is to use a cruel methods hurt the defendant (burn or scald), after three days if wound recovery, it shows that this man is not lying, because God (Lord GOD) will protect people who tell the truth. This method is called TRIAL BY ORDEAL (from the painful trial). There is in the ordinary people. The trial of nobility, than the sword or gun method, called TRIAL BY COMBAT (from the struggle of trial). The principle is the same: God will protect on the side of the truth.

Even the image letter written on a few pieces of pain and struggle of the trial judge.

Sun Kaijian

Full name.The melody Time:2006-11-22 10:42:00

We can come into contact with history is unitary, besides the Historical School of isolated facts, interpretation is wishful thinking on history in the socialist ideology under the China characteristics. Perhaps historians also have other colors, but in our education are excluded. These graduates, if you can understand the thinking and analysis of history, just want to thank god.
Coincidentally, the philosophy course in middle schools don't teach critical thinking, but we will be regarded as a theory of truth. At that time I was very strange, why I like the humanities, in the classroom have become so boring, so unbearable.
I know law philosophy course the biggest harvest is what? Ha ha, I began to have a little bit of an idealist intellectually logic. I don't think it wrong to materialism, but I hate when I am not in judgment and choice of the circumstances, the materialism completely into my head. Of course, this theory really enough powerful and perfect, so that I can not from the mind other opposition. It was too much, even if the final acceptance of materialism, but also in understanding the basis of other world outlook on their logic, comparison and judgment, and then select.