One of the most prominent characteristic of being called a civilization is having a legal system. Three significant basis for legal systems are culture, equality, and maintaining order. This is seen through China, Rome, and Mesopotamia respectively. The way these civilizations created their legal systems helped their specific societies accomplish the goals of their rulers and helped them build up into great empires, one of which remains to this day. The first and earliest legal system between the three regions addressed is China. It is stated by Charles Chao Liu that the origin of China’s legal system dated during the reign of Emperor Fuxi around 2853 BCE. The earliest laws were discovered in bronze inscriptions that were constructed during Fux’s reign. Following him, China, was under the rule of the Xia dynasty who integrated the legal concept of the writings during Fuxi’s reign. Each dynasty …show more content…
Disorder and weakness (of a state) spring from the disregard of it.” This excerpt explains Han Fei’s philosophy, that a strong government is structured based on a strong/harsh legal system. He prescribed a book on governance and earned respect from the kings in various Chinese states. The book promoted strict laws which he believed was the most appropriate way to govern the region. Another prominent legal system that worked well to accomplish the goals of their rulers was Mesopotamia. During the years 2000 – 1600 BCE, all across the Mesopotamian region was in complete war and chaos. Civilizations were in desperate need of order to keep them from destroying themselves. Around 1800 BCE the ruler Hammurabi seized control over Babylon and all across the city-states of the Mesopotamian region. He proclaimed that the gods gave him the right to make laws to instill order and justice to help benefit the people, thus he created his laws “Hammurabi’s
Hammurabi was the sixth king of the first Amorite dynasty of Babylon. He supposedly ruled from 1792-1750 BC. During his rule, he wrote a code of law, which was the first to be translated from cuneiform. The code was written on several stone tablets so that all people could see them. It had a prologue, an epilogue, and 282 articles, and included rights for women, even though they didn’t have as many rights as men did.
Hammurabi’s Code provides evidence for early documents that signify law and order. For instance, Hammurabi’s says in his code if a man wrongs another with his false accusations, he shall be subjected to death (1, 3). His laws illustrate a judicial system in which someone has to pay someone that they wronged in either the same way that they wronged him or through money depending on the person’s social status. It is also said in his code of law that there were penalties for those who disobeyed his laws. For example, Hammurabi says, “If that man do not pay attention to my words…may the great god, the father of the gods, ...
The foundation of a good civilization is based upon many different elements. Each element has an important part in our growth in life. But the three most important elements that makes a good civilization are the writing system, the surplus of food and government.
Hammurabi is best known for his succession in writing down the first complete set of laws, titled Hammurabi’s Code. He strived as a king to bring protection, fairness, and justice to the weak of society using laws from the God of justice, Shamash. Hammurabi’s Code was written on a large stone pillar called a stele. In addition to writing a set of 282 laws, he expanded the territory of Babylon northward and westward, encouraged agriculture, and oversaw the erection of many buildings and temples. One may argue that since Hammurabi changed and eliminated some of the laws before he published the complete set, he was changed by the times. However, revising some of the laws was necessary to ensure the best protection and fairness for the people. Overall, King Hammurabi laid the foundation for the laws that we have today and his legacy continues on in our justice
It has been said that Legalism takes after Daoism, borrowing some of its well-known ideas such as non-action or the usefulness of being empty. Though Legalism is typically grouped with the other early Chinese philosophers, it is actually quite a different system. Han Feizi’s Basic Writings, an exemplary text of Legalism, is aimed at how to successfully run an empire, and caters to one person in particular: the ruler. On the other hand, writings like the Dao de Jing are aimed more towards the individual and are personable. Still, it’s interesting to note that both texts talk about what it takes to be a good leader. In examining relations between Laozi’s Dao De Jing and Hand Feizi’s Basic Writings, one can extract both similarities and differences between Legalism and Daoism when it comes to how a leader should govern. Daoism and Legalism are similar in the fact that they both believe the leader should practice non-action and emptiness, believe that there should be a natural
Qin conquered Yan in 226, Wei in 225, Chu in 223, Qu in 221. Now, in 221, it ruled the entire Chinese world and was ready to make that world over in the image of Qin" (Wills 41). Many of the Legalist ideas were quite thought provoking and praiseworthy; they believed in equality for all and government according to merit. However, the system gained a rotten reputation according to the ruthless rule of the First Emperor. Confucianism thus became the official philosophy, gaining wide acceptance in China.
These laws promote the welfare of his people, their land and property, much like many governmental structures around the world today. Hammurabi states that he created these laws to maintain an equal balance to insure “that the strong might not oppress the weak.” King Hammurabi strongly believed that he was chosen to by the gods to bring “justice to the oppressed.” This is much like the role of Moses in The Book of Exodus, who was also summoned to provide justice and protection. By creating these laws in a way he tried combat violence with fear. If the individuals know what will happen if they break these rules, they will become hesitant to commit the crime. While his consequences may seem inhumane and cruel today, this historic document allows us to view what life might have been like in the city-state of Babylon during this time and made way for varies other types of governmental structures that formed in the following
The Code of Hammurabi was written by King Hammurabi, who began ruling the Babylonian Empire in about 1800 BC. Hammurabi came to power using his strengths as a military leader, conquering many smaller city-states to create his Empire. Hammurabi believed that the gods appointed him to bring justice and order to his people, and he took this duty very seriously. Not long after his ascent to power, he created his Code, 282 laws written to define all relationships and aspects of life in the kingdom. The laws were displayed in a public place so that all the people could have the opportunity to study them. The laws applied to everyone, though application of the laws and punishment differed according to social class. The punishments for disobeying the laws were swift and harsh, further encouraging compliance.
It is thus rational for us to question the validity of preconditions upon which these ideas were acquired and the legitimacy of the ideas; and later but more importantly, how did the Legalists become the only classical thoughts had its teaching adopted as the sole official doctrine of a regime ruling all China and bring about the unification of China; and lastly, the association of the all-too-soon collapse of the ephemeral Qin Dynasty and the Legalists thoughts.
This may surprise you but the meaning of justice and punishments for not following the law do not change over time. Started in 3,500 B.C.E., the Babylonian empire was part of Mesopotamia after the Akkadian empire. One of their kings, Hammurabi, came to power 4,000 years ago. Today we know him best because he wrote a set of laws called Hammurabi's Code of Laws. We know that he is famous today for his set of laws that he wrote at around 1754 B.C.E, but not a lot of us know if Hammurabi's Code of Laws was fair so the question is: Was Hammurabi's set of laws fair to all the people of his empire? Fair means reasonable to everyone. Hammurabi's Code of Laws was fair to everyone in his empire because three sections of his Code of Laws proves that all of his laws were unbiased.
The divine way of ruling was rooted before 2300 B.C.E., beginning with the story of Gilgamesh, and proceeded to carry on through Sargon, Hammurabi, and even Moses. Men would follow their leaders into battle based on belief and to conquer. Thus, bringing matters of post war which lead to consolidation of cities, and to pacify people with fair and justified laws from their King so that civil uprising would not ensue. Hammurabi’s Code is based off of three key elements that are belief (polytheism or religious), leadership (divine or conventional), and justice (fair but firm). Furthermore, these elements might be subtle, but essential for stability amongst the populous, and when juxtaposed with a keen eye they became clearer than the water.
1. The warring states of China were united through a combination of philosophical and religious traditions. One of the first answers to the problem was Legalism. Legalism was created by Han Fei, who believed that an empire would only succeed if it imposed strict laws on its people to discourage bad behavior. Legalism quickly fell out of favor after the end of the Qin Dynasty because of its harshness. The successor to the Qin Dynasty, the Han Dynasty, adopted Confucianism. Confucianism was not really a religion, but more of a philosophical outlook on life. Filial piety, social harmony, and ethics were now emphasized. The final major school of thought that integrated Chinese culture was Daoism. Daoism was based on the concept of nature, and urged people to "disengage in public life" and to seek out nature instead.
...ther religions since they never really comitted to one main religion. Han China spread Confucianism by leading Confucius lives, they used Confucius ideas for their law codes and taught Confucius ideas to their children. The Confucian ideas spread by the Han helped rulers like Wudi have long reigns of power by embracing rule by morals and ethics. It also helped spread written exams as ways to determine peoples places and jobs in society based off of merit as opposed to putting anyone anywhere just to give people jobs. China also had a growing population of Daoists who believed in the power of nature. As time progressed both of their societies changed their religions. Rome slowly progressed from a basic Hellenistic polytheism to the once persecuted Christianity. Meanwhile China, which was mainly a Confucian and Daoist led society began to accept and embrace Buddhism.
The roots of Western Civilization trace back to the city-states and kingdoms of Mesopotamia established more than five thousand years ago. The Egyptians to the west excelled at applying arithmetic, geometry, and astronomy to real world situations. The Sumerians developed complex irrigation systems, bronze tools, and separated themselves into social classes, each with various legal rights and responsibilities. In this region the Babylonian King, Hammurabi, laid down the first set of laws. This code of conduct and the Hebrews Ten Commandments provided frameworks for maintaining stable communities.
Aristotle once stated, “The rule of law is better than that of any individual.” The essential characteristics of rule of law are: the supremacy of law, meaning both the government and individuals are subject to the law; a concept of justice that emphasizes interpersonal adjudication, based on importance of standards and procedures; restrictions on discretionary power and exercise of legislative power by the executive; independent judiciary, judicial precedent and common law methodology; prospective, not retrospective legislation; and underlying moral basis for law. (Cooray) In China, the justice system has been based on rule “by” law, also known as “rule of men” instead of rule “of” law. In other words, law has been an instrument of the government, which holds itself above the law as opposed to law being supreme. The goal of laws here are to protect the interests of the state, not the individual, and to keep stringent social control. China’s leaders are beginning to realize that establishing the “rule of law” is critical to China’s ability to sustain its rapid economic growth. The lack of legal knowledge and transparency, the complex judiciary and legislative system and cultural barriers rooted deeply in society are just a few main reasons responsible for an inadequate rule of law in China. Due to the lack of tradition of rule of law and the Chinese Communist Party rejection of the kind of liberal democratic government associated with it faces multiple challenges in its establishment. Understanding the importance of modernizing Chinas culture has had leverage on the political and economic level have substantially increased the progress of reform towards the use of rule of law.