THE INSTITUTE OF PUNISHMENT FROM POLITICAL AND LEGAL IDEAS OF ANCIENT CHINA
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 2, Issue
Abstract
The article deals with political and legal ideas of punishment in ancient China. The author represented general concepts of punishment of Chinese traditional philosophic schools. In Taoism political and legal ideas are considered in the context of the common world view. Based on the moral principles of non-interference and non-violence, law and punishment are considered as unnatural and inconsonant with Tao. Taoism suggests to give up the punishment and to live according to the decrees of nature. Confucianism is based on the doctrine of harmony and supports traditional religious practices and methods of ascendancy over the society. Confucius denied punishment but considered it as a necessary measure of temporary public control, which is required to achieve the common good. Mohism as well as Confucianism opposes cruel punishment, but does not accept the rituals and considers them as a relic. According to Mohism punishment is a part of a mechanism to support public policy, which must include punishments and rewards. Legists school differed radically from their predecessors. They supported management that was based on the law and cruel punishments. The legists believed that it was the only efficient method of social control. Their philosophy says that people have evil nature and are inclined for crime. According to the concept they created, even a small crime must be punished by death. Legists claimed that it was better to punish several innocents than to release a criminal. Political and legal ideas of philosophical schools in ancient China gave a significant impact on the doctrine of punishment. Eventually Confucians and Legists formed two contrary tendencies. Both of them had an influence on the state punitive practice.
Authors and Affiliations
Р. В. Тищенко
Keywords
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