A Comparison Of Babylonian And Chinese Conceptions — страница 2

society from Hollywood to the death penalty. And it is this basic human impulse that influences a lot of Hammurabi s code. It shows the infancy of the concept of justice and how human emotion was confused with what is justice at that time. Hammurabi s laws are no doubt stern and effective in its maintenance of order, but it leaves no room for the small inconsistencies that we call morality. This reflects a society whose social values were imposed upon by the beliefs of one or a few men. And since its source is deemed to be divine and hence infallible the people under this social rule were not allowed individual thought and hence their entire belief system is fashioned in that sense. The Babylonian system represented what the basic necessity was for maintaining order. Though today

we may say it is barbaric and inhumane, it still provided the basis that maintained social order and laid foundation upon which our system of laws evolved. Another early civilization that displayed a complex system of law and order was the Chinese. In contrast to the Babylonians, the Chinese did not necessarily have a written code. Instead they relied upon virtue and morality to govern. Crimes were more often a moral issue and left up to interpretation rather then by the stern word for word enforcement as seen in Babylon. Of course that is not to say that the most basic rules for social order were not enforced. The Chinese relied on the wisdom of the ruler and the trust that passed between them as virtuous and moral beings. The Announcement to the Prince of Kang reveals that the

Chinese were humble and did not believe whatever legal system that was in place was supreme. Instead they pursued wisdom from across the land in order to rule their people more wisely. When you go to Wei, seek out among the traces of the former wise kings of Yin whatever may be of use in protecting and caring for the people. Also, you must study the accomplished men of Shang, so that you may study your heart, and learn how to teach people. Further still, you must seek out what can be learned from the wise kings of Heaven, so that munificent virtue will be displayed through you. The whole belief at the time was that the King was an embodiment of wisdom, and that he is to use all his abilities to govern justly and fairly his people. One of the greatest difference observed between

Babylonian and Chinese laws are the degree of punishment for crimes. The Babylonians as mentioned before were extremely harsh and relied too much on the eye for and eye concept. The Chinese on the other hand had a much more evolved sense of crime. The Chinese sense of what is crime has more to do with the malignant intent of the wrong doer and not so much upon helping the victim get even. All people who willfully commit crimes, robbing, stealing, practicing villainy or treason, or who kills others or do violence to them to seize their property, who are capable of any infamy even under penalty of death such people are abhorred by all. And unlike the Babylonians, the Chinese saw grave punishment only as a last resort, Apply heavy sentences or the death penalty only when it is just

to do so; do not warp the laws to serve your own inclinations. The Chinese enforced the concept of punishing a wrong-doer while Babylonian law focused more on alleviating harm for the victim. The Chinese exhibited a more developed sense of what is moral or just but did not overlook the basics needed to maintain social order. The King was not supreme and human inclination towards self was also questioned. Do not seek leisure, nor be fond of idle pleasures thus may you care for your people. I have hear it said Discontent is caused not so much by things great or small, as by whether the ruler is magnanimous or not, or by whether he exerts himself on behalf of the people or not. In contrast to Hammurabi, King Wen was not directed support by Gods, but rather earned the approval of god

through his just rule and influence. The role of the Chinese king is to serve the people and maintain order peace and most importantly harmony, as not seen in Babylonian culture. I would say that Chinese society was more aware of the ideas of morality and the what ifs that may occur with simply enforcing an inflexible code. That is not to say that the Chinese systems of laws were not infallible. They did have an outline of what is basically considered wrongdoing and most deserving of punishment. But unlike the Babylonians, these laws reflected a sense of honor and high morals. An example would be the passages that talk about the duties of a son to honor his father and those of a brother to respect his elders. These basic ideals were thought to be the rules given by Heaven. And it