Justice and Law
Further information: Traditional Chinese law and Bao QingtianOne of the duties of scholar-officials was hearing judicial cases in court. However, the magistrates and prefects of the Song period were expected to know more than just the written laws. They were expected to promote morality in society, to punish the wicked, and carefully recognize in their sentences which party in a court case was truly at fault. It was often the most serious cases that came before the court; most people desired to settle legal quarrels privately, since court preparations were expensive. In ancient China, the accused in court were not viewed as fully innocent until proven otherwise, while even the accuser was viewed with suspicion by the judge. The accused were immediately put in filthy jails and nourished only by the efforts of friends and relatives. Yet the accuser also had to pay a price: in order to have their case heard, Gernet states that they had to provide an offering to the judge as "a matter of decorum."
Gernet points out that disputes requiring arrest were mostly avoided or settled privately. Yet historian Patricia Ebrey states that legal cases in the Song period portrayed the courts as being overwhelmed with cases of neighbors and relatives suing each other over property rights. The Song Dynasty author and official Yuan Cai (1140–1190) repeatedly warned against this, and like other officials of his time also cautioned his readers about the rise of banditry in Southern Song society and a need to physically protect self and property.
Read more about this topic: Society Of The Song Dynasty
Famous quotes containing the words justice and, justice and/or law:
“Woe to you, scribes and Pharisees, hypocrites! For you tithe mint, dill, and cumin, and have neglected the weightier matters of the law: justice and mercy and faith. It is these you ought to have practiced without neglecting the others.”
—Bible: New Testament, Matthew 23:23.
“The good judge is not he who does hair-splitting justice to every allegation, but who, aiming at substantial justice, rules something intelligible of the guidance of suitors.”
—Ralph Waldo Emerson (18031882)
“When shot, the deer seldom drops immediately, but runs sometimes for hours, the hunter in hot pursuit. This phase, known as deer running, develops fleet runners, particularly in deer- jacking expeditions when the law is pursuing the hunters as swiftly as the hunters are pursuing the deer.”
—For the State of Maine, U.S. public relief program (1935-1943)