Social development in most countries is predicated upon the history and tradition of the country in its early years of development. In other words, the direct issues of law and order that have become a part of modern social discourse can be traced back to the historical development of the state. As such, an integral understanding of a countries laws and social customs must give some consideration to the historical context in which the country developed. On by considering this process can the true nature of law and social order be delineated. With the realization that the historical context of the development of law and order must be taken into consideration when examining the modern discourse of a particular country, there is a clear impetus to examine how history has shaped modern conceptions of law and order. Using this as a basis for investigation, this research considers the development of law in order in ancient China.
[...] All who lived within it were free but there was no freedom without it, and again it makes this world strange by showing that it could continue even while forces which have undermined other cultures thrived within it. The only way for Gulik to reconcile these issues was to portray how this society worked in real life. Through the actions of Judge Dee, the reader is given a clear picture of how social order and law are maintained in the context of Confucian rules. [...]
[...] Practice of Judge Dee With the basic context of law and order in China elucidated, it is now possible to apply this information to the practice of Judge Dee. Judge Dee is a fictionalized character created by Robert van Gulik in the late 1950s. In Gulik's novel, Judge Dee presides over court cases in the Ming Dynasty of Ancient China. The character of Judge Dee was created based on the life of Ti Jen-chieh, who was a magistrate during the Tang Dynasty. [...]
[...] Bell and Chaibong (2003) in their examination of the evolution of Confucianism and law and order in China make the observation that as Confucianism began to decline in the imperial era, scholars quickly worked to redevelop the practice, such that it had more relevance for the 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 during the end of the imperial era had a significant influence on the specific practices developed with respect to legal issues. [...]
[...] Corrin, Grasso and Kort (1991) report that as early as the 1800s, the Chinese began translating ancient texts to establish law and order in modern society. These efforts culminated in the development of a modern legal system that was notably different than what had been developed in the West. As noted by these authors, The legal system in China did not function as it does in the modern West, where a well-developed civil code regulates relations between individuals and law is viewed as protecting the individual against not only criminal acts committed by other citizens but against abuses by the state. [...]
[...] What this effectively demonstrates is that the processes of law and order that have been developed in modern China derive from both religion and legal mandates. This issue is critical for examining the development of law and order in the society. Given the importance of religion in the development of law and order, Peerenboom specifically examines the context of lizhi which can be found in the basic tenets of Confucianism. Under Confucianism, Peerenboom asserts that the following arguments about law and order were made: “Lead the people with government regulations and organize them with penal law (xing), and they will avoid punishments but will be without shame. [...]
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