WDW300 March 29 2012.docx

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Woodsworth College Courses
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William Watson

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Lecture 11March 29 March2912 1510 PM Confucius 551479BC Introducing China role in world history dominant power but also isolated from Europe until the 17th centuryconcepts of religion law philosophy understanding theory and practicedanger of orientalizingThe Legalists and the Confucianists debate what are the key differencesConfucianists had an educational role in the state to teach before punishing legalists believed in maintaining discipline through vigorous and consistent punishment maintain duties from subject to subject and from subject to emperor issue of how status should be included in punishment although for legalists the ruler is above the law Confucianists are opposite laws maintain harmonious social relations and must take into account peoples relations and to keep this balanced law should reflect crimes regarding social relationsissues of penalties not opposed to punishment but had to be of a certain severity had to reinforce moral lessons learned from the law in theory in favour of less harsh punishments how did they work in practice how important is this debate reallypunishments as having more of a function gradation of punishments like western law issue of confessions who can testify against whom ie brother confesses for brother brother gets the legal advantage of confessing emphasis on confession for Confucianists importance of making people confes
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