- The Connection between The Rule of the Head of the Family
and Imperial Rule in China: he cultural tradition of paternalistic
rule in China was fortifying imperial rule at the same time
that the prevailing philosophical system (Confucianism)
and imperial legislation that had adopted Confucianism were
buttressing paternalistic rule. Thus, the following four
factors: 1. Paternalistic rule. 2. Imperial rule. 3. Confucianism.
4. Imperial legislation. mutually strengthened each other.
In order to govern one's subjects, one must 'program' them,
lead them to believe that it is both fitting and advantageous
from their perspective to obey their rulers, and disadvantageous
for them to overthrow their government. A government will
only be stable if its subjects do not seek independent sovereignty
because they believe that, both religiously and culturally,
they all constitute one entity, and that no differences
between them warrant a group of them seeking independence.
Economic and social distinctions - differences that necessarily
exist in any human society - are in fact proper and even
desirable distinctions. It is advantageous that people will
develop a sense of allegiance to a small intimate unit,
and that these units will in turn develop ties with other
units and broader circles, and between these circles, with
loyalty ultimately focused on the leader, which in China
was the emperor. In the West, this translates into a network
of political parties with internal organizations based on
narrower smaller factions and local leadership. In China,
however, there were even more intimate associations of nuclear
and extended families and tribes, and of trade unions in
the cities. Chinese emperors built this intricate system
of allegiance with great wisdom and foresight, despite a
very diverse population and vast size. They definitely played
a role, but their success was not due to certain extraordinary
talents, but a result of the distinctive Chinese culture,
structure, and beliefs. Chinese system of law and government
constituted an important foundation, as well as the network
of intellectuals and bureaucrats, philosophers, among them
adherents of Confucianism, and the non-aggressive Buddhist
religion, and traditional religions whose gods were chosen
by the emperor. Daoism, too, even though it was not one
of the institutionalized religions, posed no threat to the
imperial form of government. Chinese Buddhism, which came
to China at the end of the Han dynasty, and spread with
the dissolution of this dynasty, during a period in which
there was no centralized government, was a Northern trend
of Buddhism that had come from India via central Asia. This
form of Buddhism did not cultivate a class of monks who
would stand between its followers and the religious experience,
but called upon each individual to endeavor through his
own personal strength to fulfill the religious commandments
and to enjoy the emotional succor that Buddhism provides.
In this respect, this sect paralleled Protestantism, and
it differed from the Southern more "Catholic"
sect in which the individual relied on the monks to intercede
the gods on his behalf. Another characteristic - or additional
consequence - of this Northern trend of Buddhism that dominated
in China - was that no powerful class of priests-monks evolved
that could pose a political threat to the government. In
fact, the form of Buddhism that developed in China prior
to the Tang dynasty, between the years 618-907, the philosophy
of Confucianism, as well as the system of law, all supported
the imperial government. Buddhism even managed to integrate
with the two state religions that preceded it, Daoism and
regional paganism. All the imperial dynasties in China worked
towards establishing one uniform system of law for all the
people under their rule, and in conjunction with this goal,
to creating a detailed legal constitution. Even before the
establishment of imperialism, there were those, and in particular,
Shang Yang in the country of Qin in the year 338 during
the second half of the 4th century BCE, who pursued this
goal. The essentials of most of these codes of law whose
influence continued even when the ruling dynasty changed,
have been lost. One code that was preserved and continued
to exert influence until the end of the imperial age (in
the year 1911) was the code of the T'ang dynasty, an unusually
comprehensive code. The reason for this is linked to the
philosophy of Dong Zhongshu (who lived in the 2nd century
BCE), which developed in China during the rule of the Han
dynasty. According to this philosophy, man and nature constitute
a holistic unity, with man's actions influencing nature
and the emperor's actions affecting both man and nature.
Theimage of the emperor played a critical role, in this
system, and any slight to his honor was viewed as a threat
to the entire world order since it would necessarily result
in terrible catastrophes. According to this philosophy,
five forces of one type within the holistic system (the
sun, male, imperial mercy, spring, and summer) oppose five
other forces (the moon vs. the sun, the woman vs. the man,
the death penalty vs. imperial mercy, the autumn vs. the
spring, the winter vs. the summer). Everything in this system
is based on the number five: there are five colors, five
directions (the middle is the fifth). When man sins, he
must be punished in order to restore balance to the holistic
universe, and his punishment must fit his crime, since both
excessive stringency and excessive leniency prevent the
restoration of holistic equilibrium. It is the job of the
emperor to mete out appropriate punishment and to restore
equilibrium. It is essential that the judge will impose
a punishment in exact accordance with the code established
by the emperor-legislator, and that there will be uniform
penalties throughout the empire. This is why a person who
falsely accused another would receive the exact punishment
that the accused was to have received, and similarly why
confession to theft and restoration of the stolen property
obviated the need for punishment. Since the emperor held
the most important position and link between man and the
natural world, any crimes against the emperor and his family
were considered the gravest offenses and resulted in the
punishment of the offender's entire family, and the annulment
of all standard procedural safeguards. The result of all
this was that the position of the emperor was secure. There
were later periods in which it was not the emperor who governed,
so much as the ruling circles who in effect ruled in his
name (officials, intellectuals, and others), but none of
this changes the fundamental fact that imperial rule wielded
great influence, was involved in even relatively minor matters
in the vast kingdom, and was aided by an intricate and large
bureaucratic network. Power was centralized, except for
periods in which the central government was weak, and the
'rules were broken' temporarily until the government regained
its strength and vitality. This system - of a strong centralized
government entrusted in the hands of one ruler - was essential
if the emperor was to restore nature's balance. Therefore,
comptrollers were appointed whose job it was to insure that
the law was implemented and that judges who erred in their
application of the law were themselves punished. China considered
itself pivotal in maintaining all of mankind and nature's
balance. It viewed itself as responsible for the entire
world, with the emperor having the greatest responsibility.
As a result, both the system of law in China and compliance
with the law were highly venerated. Whoever failed to conform
to this system and with the authority of the emperor was
considered uncultured and boorish. The legal code in China
served as the basis for the legal systems in Japan, Korea,
and even Vietnam. China's influence over neighboring countries,
undoubtedly stemmed in great measure, from the reputation
they had earned as an enlightened people which itself resulted
from the role Confucianism had played in shaping their legal
system. In light of the stability of their legal system
which all the Chinese learned to protect, the emperors introduced
into the legal judicial code and the system of law, elements
that would reinforce imperial rule, in particular - Confucianism,
a philosophy that from the time of the Han dynasty was introduced
into every new territory that an emperor gained control
over. Confucianism demands that a son and servant respect
their father and master. It is a system of obligations far
more than a system of rights, discipline, and other factors
that insure societal stability and prevent objections to
economic and political differences. This philosophy was
essential for Chinese emperors, and was the factor that
prolonged their rule and enabled the legal code from the
T'ang dynasty to survive for close to 1300 years. Man didn't
dare implement changes in precise detailed laws that were
responsible for preserving the world's equilibrium. Imperial
Chinese laws secured the privileged status of those in positions
of power in government as well as those that held these
positions in the past or had inherited a title of nobility
(all government officials - including judges). Every official
had a certain number of points, up to thirty, according
to his rank and achievement. In lieu of a punishment, he
was permitted to trade in his rank, and in certain instances
pay a fine, options that is not exist for a person who was
not an official. He lost his position only temporarily,
the length of time determined in accordance with the severity
of the crime, anywhere between one to six years. Even during
his period of suspension, he maintained his exemption from
taxes and national service, two general civic obligations.
Generally, after his suspension, he was demoted to a lower
position. A job-related offense generally earned him a milder
punishment than one that related to his personal life. In
general, officials received lighter sentences than common
citizens for the same crimes, except in cases of deliberate
burglary, abduction, bribe taking, and distortion of the
law. Lower classes received more severe sentences than the
average citizen. According to the accepted social structure
of the T'ang dynasty, there existed three classes: higher,
middle, and lower. In addition, there was a class of slaves
and indentured servants. Crimes committed by a member of
the middle class against a member of the lower class were
considered one degree milder than those same crimes committed
against a member of the same class. Similarly, crimes committed
by a member of the lower class against a member of the middle
class were considered one degree more severe than the same
crimes committed against a member of the same class. The
same rule applied, with the difference of one additional
degree, to offenses between a member of the middle class
and a slave. Slaves and indentured servants were only allowed
to marry a member of their own class. A slave who married
a middle class woman was sentenced to a year and a half
of hard labor. If the slave's master made his slave's wife
part of his household staff, the master was sentenced to
life long exile to a distance of 3000 li. This law was in
accordance with the law's general perception of slaves as
chattel. A member of the middle class who married a slave
woman received a lighter punishment than the above case.
In cases of intermarriage, it was always the man and not
the woman who was punished, whether he was a slave or a
member of the middle class. A woman and her family were
punished if she was found guilty of witchcraft or of beating
her husband. Crimes against the emperor, the state, religion,
or one's family (e.g. mourning customs for one's parents)
were considered most serious of all. Collective punishments
to one's entire family were meted out to those guilty of
rebellion or attempted rebellion (including accessories
to the crime). First-degree male relatives could be sentenced
to death even if they had no prior knowledge of the crime.
Other relatives were exiled and their property confiscated.
There existed a wide range of punishments for these crimes,
but the basic objective was as described above. The following
law exemplifies how valued the family unit was, surpassed
only by the importance of safeguarding the position of the
emperor: a person was permitted to conceal a relative's
crime, and even warn him of a government investigation taking
place, as long as his crime did not involve the emperor.
This law strengthened the family unit and encouraged family
loyalty. If family members jointly committed a crime, such
as theft, the oldest male was put to trial. Stealing from
a family member was considered a relatively minor crime,
particularly if it was a close relation. Therefore, a son
who stole from his parents would not be punished unless
the value of the stolen object exceeded a certain sum, and
even then the punishment was mild. What happened to nature's
equilibrium when a person was convicted and punished, and
then it emerged that he was falsely convicted? How did nature
restore its balance? One thing is clear: if a person was
falsely executed, nature simply had to bear the trauma,
not only because there was no way to restore the man to
life, but also because the emperor was by definition infallible,
and death sentences were not executed without the emperor's
consent. Thus, since the emperor could not have erred, clearly
no disturbance to nature's equilibrium occurred and there
was no need for repair. In other cases, the court acknowledged
its error and the falsely accused person was compensated,
not by actually awarding him money from the Chinese coffers
but by granting him tax exemptions. If he would have been
eligible for a tax exemption for some other reason (e.g.
his entire district received tax exemptions because of a
drought), then his exemption was extended by a year. In
order to reinforce internal family social order, the T'ang
dynasty code of law established that a son who hit his father
or grandfather or designed to kill one of them was beheaded,
and that a son who attempted through unlawful means to gain
possession of the family's wealth during his father or grandfather's
lifetime was sentenced to three years of hard labor. One
of the only crimes that resulted in collective punishment
was the practice of Black Magic, or "Ku" (even
by a woman), which resulted in the death of another or his
going mad. Rebellion against the emperor also resulted in
collective punishment. According to the judicial code, the
emperor equaled heaven and earth; he was the father of all
his subjects. Thus any revolt against him was comparable
to a natural disaster, which could be averted only by uprooting
the source of the mutiny and this included the insurgent's
entire family. This punishment had exceptional deterrent
force, since eradication of the family was the harshest
conceivable punishment in Chinese culture. Thus the punishment
for not participating in mourning rites for one's parent
or grandparents was life long exile to a minimum distance
of 2000 li. In order to strengthen the family structure,
assault of an adult numbered among the top ten most serious
crimes in the T'ang code. The five degrees of family relation
that pertained to mourning rites also constituted the basis
for establishing different levels of punishment for crimes
within the family. Even cursing a family member constituted
a criminal offense. Laws regarding crimes against bureaucratic
officials and religious figures were derived from laws relating
to crimes against elder family members. Though wives and
concubines were considered inferior according to the judicial
code, from relatively early on and continuing until the
11th century (when their status again declined, their status
began to improve. The woman, and not her husband, managed
all family and work matters. Mourning customs for women
were identical to those for men. The restrictions on women
primarily related to where they were allowed to go, a distinction
drawn, according to some, only to protect them. One possessed
the right to appeal a family ruling, but such appeals were
extremely rare. As long as the families were relatively
small and lacking political power, the family served as
a center of loyalty and strength towards the government.
Family institutions' support for the government completed
the reciprocity in the positive relationship between the
family on one hand and the law and government institutions
on the other. Government positions were established by the
emperor's court, upon the recommendations of local citizens
and dignitaries, recommendations that were based upon the
candidate's loyalty and respect for his parents, obedience
to one's father, and level of education. Since these positions
were awarded based on one's performance on exams in law,
philosophy, and religion, it was common in many families
to finance the studies of one child who seemed particularly
talented, in order to enable him to earn a government position,
thus glorifying the family's early ancestors. Studies were
financed in part by a government-awarded exemption form
certain taxes, thus establishing semi-subsidized education.
It was common practice to use undividable family assets
to fund quasi pensions to all family members above the age
of 59. Villages in Imperial China were generally created
by a few founding families who then formed the village's
government. In the cities, the situation was similar, except
that during certain periods, the government was run by local
trade unions whose members were obligated to obey their
union's leaders. The leaders of the various unions in the
cities, along with government officials and prominent authors
created a form of local nobility that assumed responsibility
for all that took place in the city. In this respect, there
was a kind of internal democratic rule. No civic book of
law existed in China [only judicial law and administrative
laws of the administrative government] perhaps because the
imperial government wished to leave the reins of the family
leadership in the hands of the heads of the families and
the leadership of the villages in the hands of the leadership.
It preferred to see civic issues resolved through compromise
and agreement between senior members of the family or families.
Within the context of this approach of family and group
responsibility, collective punishments were established
also within the framework of the trade union. How did the
Chinese relate to the differentiation and discrimination
of different social classes that was written into the code
established by the emperor? In this lies the key to the
Chinese system. Since: 1. The emperor was the only being
who knew the secrets involved in the dangerous and delicate
work of balancing between nature and man. 2. He had been
responsible for this task for many generations. 3. The system
worked. 4. No other being had the power to prevent the terrible
calamity that would befall them if the emperor would desist
from his holy work. 5. And the emperor had God-like status.
The Chinese accepted his rule and his way. The alternative
was to rebel against the emperor and bring about utter devastation
to the world. In order to avoid such terrifying consequences,
the Chinese were willing to pay the price of accepting the
imperial system and justice. Revolts definitely took place,
but powerful elements worked to suppress them, elements
that were strengthened by Confucian ideology that trained
the Chinese to obey and submit to authority and by social
forces of family and intellectuals who mollified and placated
revolutionary spirits. It is possible and entirely justified
to suggest that Confucian values that emphasized order and
hierarchy in the family and society were thoroughly assimilated
into Chinese thought and accepted as part of the natural
order. The more profound question is why did this take place?
Evidently, by basing their code of law on Confucianism,
the Chinese joined the social interest for which Confucius
had created his system, with the imperial ruling interest,
all alongside Chinese tradition which was deeply rooted
in worship of one's ancestors and the status of the father
and tribal head. The connection between the imperial government's
interest and philosophy and law was highlighted during the
establishment of the Ming dynasty in 1368, when the emperor
chose to base his rule on the neo-Confucian system since
it supported the imperial government.
