WDW101Y1 Lecture : WDW300 March 29 2012.docx

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Role in world history; dominant power but also isolated from europe until the 17th century. Understanding theory and practice - danger of orientalizing. Confucianists 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 people"s relations and to keep this balanced; law should reflect crimes regarding social relations. Issues 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. Punishments as having more of a function; gradation of punishments, like western law.

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