Law
The Great Qing Legal Code (《大清律例》) was the last set of Chinese laws where the complete kinship terms were shown. The Qing code not only confirmed the importance of defining kinship relations, but also defined the legal and moral conducts between family relations. Although there was no specific statute in the Qing code to define kinship terms, it specified the mourning attire and ritual appropriate according to the relation between the mourner and the deceased. Kinship relationships also played a crucial role in the administration of justice under the Qing. Penalties were more severe for crimes committed against senior relatives within the family hierarchy. Crimes committed against those outside of the extended family were punished less harshly. Crimes committed by senior family members against their inferiors were least likely to elicit harsh sentences.
Among the 47 statutes added in 1740 under Qianlong Emperor, Statute 2 (Charts/Tables of Mourning Attire, 《喪服諸圖》) and Statute 3 (Code of Attire, 《服制》) dealt with mourning attire completed with charts. According to Qing law, one had to observe a period of mourning when a relative died. The closer and more senior the deceased family member, the longer the period of mourning is dictated by law. The mourning period range from three months to three years. During this period, the bereaved had to stay at home, excuse himself from public service, refrain from celebrations of all sorts, and practice abstinence, among other things.
The "extermination of nine kindreds" (誅九族) is considered one of the most severe punishments found in traditional Chinese law enforced until the end of Qing. The practice of exterminating the kins had been established since Qin when Emperor Qin Shi Huang (reigned 247 BC–221 BC) declared "Those who criticize the present with that of the past: Zu" (以古非今者族). Zu (族) referred to the "extermination of three kindreds" (三族): father, son and grandson. The extermination was to ensure the elimination of challenges to the throne and political enemies. Emperor Wen of Sui (reigned 581–604) abolished the practice but it was reintroduced by succeeding Emperor Yang (reigned 604–617). Not only did he bring back the punishment, but he also extended it to the nine kindreds.
In the first year of the reign of the Yongle Emperor (Ming dynasty, reigned 1402–1424), the prominent historian Fāng Xìao-rú (方孝孺) committed an offense worthy of the "extermination of nine kindreds" for refusing to write the inaugural address and for insulting the Emperor. He was recorded as saying in defiance to the would-be Emperor: "莫說九族，十族何妨！" ("Never mind nine agnates, go ahead with ten!"). Thus he was granted his wish with an infamous case, perhaps the only one, of "extermination of ten kindreds" (誅十族) in the history of China. In addition to the blood relations from his nine-agnates family hierarchy, his students and peers were added to be the tenth group. Altogether 873 people were said to have been executed.
To this day, a three-character term for "death to the entire family" remains a powerful curse in the Cantonese language.
Read more about this topic: Chinese Family, Kinship and Chinese Societies
Famous quotes containing the word law:
“No great idea in its beginning can ever be within the law. How can it be within the law? The law is stationary. The law is fixed. The law is a chariot wheel which binds us all regardless of conditions or place or time.”
—Emma Goldman (1869–1940)
“Judge—A law student who marks his own examination-papers.”
—H.L. (Henry Lewis)
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—G.C. (Georg Christoph)