Judge Bao And The Rule Of Law

Pure, orthodox and incorruptible, Judge Bao has been serving as the preeminent embodiment of justice in China for almost a thousand years, so much so his court case have been adapted as stories, novels and plays over the centuries. Now, for the very first time a series of eight ballad-stories on Judge Bao, dating from the period 1250ndash;1450, are offered in a complete and annotated translation. These texts will provide the reader a complete reflection of the legend of Judge Bao in its earliest phase of development, with an extended introduction placing the ballad-stories in context with the development of the Judge Bao legend. These ballad-stories, in contrast to past plays dating from the same period, present abuse of power and corruption as endemic in the courts and bureaucratic service, and show Judge Bao imposing the rule of law even on the emperor.

Ch. 1. The tale of the early career of Rescriptor Bao -- ch. 2. Judge Bao selling rice in Chenzhou -- ch. 3. The tale of the humane ancestor recognizing his mother -- ch. 4. Dragon-design Bao sentences the white weretiger -- ch. 5. Rescriptor Bao decides the case of the weird black pot -- ch. 6. The tale of the case of dragon-design Bao sentencing the emperor's brothers-in-law Cao -- ch. 7. The tale of Zhang Wengui. Part one. The Tale of Zhang Wengui. Part two -- ch. 8. The story of how Shi Guanshou's wife Liu Dusai on the night of the fifteenth, on superior prime, watched the lanterns. Part one. The story of the judgment of dragon-design Bao in the case of Prince Zhao and Sun Wenyi. Part two.

China as an emerging world power is currently undergoing a tortuous process of reform in its legal system. China's difficulties are rooted in their worldview regarding justice and the supernatural. In contrast to the West, the Chinese do not regard divine powers as law-givers. In their view, since great antiquity laws have been created by human authorities for rulers to effectively control their subjects. This notion of rule by law is fundamentally different from the Western idea of rule of law based on protecting the rights of individual citizens. The Chinese emphasis on criminal justice is rooted in their conception of morality which is tied to their cosmology and supernatural beliefs. This book focuses on criminal justice by drawing upon court cases which appear in historical records. The author has included legendary stories, folk tales and wuxia (martial heroes or knights-errant) novels because they inform us in an interesting manner about the popular beliefs in justice and the supernatural, which guided the day-to-day action of the ordinary people. The author draws examples primarily from antiquity to the Song dynasty (960-1279) when these beliefs could very well be garnered from the rich sources of Zhe Yu Gui Jian (Exemplars in Judging Criminal Cases) containing 395 cases and Yi Jian Zhi (Accounts of Strange Happenings) containing 2,776 episodes, many of which involving the supernatural, as well as the captivating stories of the legendary Judge Bao who lived during the Song. This book concludes with a discussion of continuity and change down to the present in the context of a broad social and political landscape.

"Assesses the evolution and state of legal reform in China covering topics such as judicial independence, judicial review, legal education, capital punishment, and the legal protection of free speech and human rights and how reform contributes to the growing democratization of China"--Provided by the publisher.

China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.

In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.

Regional Literature and the Transmission of Culture provides a richly textured picture of cultural transmission in the Qing and early Republican eras. Drum ballad texts (guci) evoke one of the most popular performance traditions of their day, a practice that flourished in North China. Study of these narratives opens up surprising new perspectives on vital topics in Chinese literature and history: the creation of regional cultural identities and their relation to a central “Chinese culture”; the relationship between oral and written cultures; the transmission of legal knowledge and popular ideals of justice; and the impact of the changing technology of the late nineteenth and early twentieth centuries on the reproduction and dissemination of popular texts. Margaret B. Wan maps the dissemination over time and space of two legends of wise judges; their journey through oral, written, and visual media reveals a fascinating but overlooked world of “popular” literature. While drum ballads form a distinctively regional literature, lithography in early twentieth-century Shanghai drew them into national markets. The new paradigm this book offers will interest scholars of cultural history, literature, book culture, legal history, and popular culture.

"China has an image as a realm of Oriental despotism where law is at best window-dressing and at worst an instrument of coercion and tyranny. The rule of law seems an elusive ideal in the face of entrenched obstacles baked, as it were, into China's cultural and political DNA. In this highly original contribution to the interdisciplinary field of law and humanities, Haiyan Lee contends that this image arises from an ahistorical understanding of China's political-legal tradition, particularly the failure to distinguish what she calls high justice and low justice. Lee argues that the liberal (and, so to speak, horizontal) conception of justice as fairness is quite different from the Chinese understanding of law. In the Chinese legal imagination, she shows, justice is a vertical concept, with low justice between individuals firmly subordinated to the high justice of the state. China's political-legal culture mistrusts law's ability to deliver justice and privileges moral over procedural justice. Lee shows that Chinese literature and film invariably dramatize the relationship between law and morality in ways that emphasize law's concession to moral sentiments and the triumph of moral justice through the discretion of a sagacious judge or the defiance of a vigilante hero. As China rises to global superpower status, its conception of justice can no longer be treated as a pale, floundering, and negligible sideshow to the legal drama of defending liberty and upholding human rights in the West. Lee's book helps us recognize the fight for justice outside the familiar arenas of liberal democracy and in terms other than those furnished by the rule of law"--