aboutsummaryrefslogtreecommitdiff
path: root/notes/legal-tradition/last.txt
blob: e9882bf4363996e4668b97ef9ee63a19c53ec41c (plain) (blame)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Judicial systems

Inverted triangle structure:

1 Xian:    One judge only, also serves in executive
2 Fu:      One judge only, also serves in executive, just passes up a level
3 Sheng:   Panel of dedicated judiciary, must verify cases involving e.g. imprisonment and above
4 Xing bu: Final appeals, and death penalty verification
           Reporting to the emperor (unimportant cases: every late April only)
	   Cases not ticked by the emperor are deferred
	   If deferred three times: Xing asks emperor whether they should just be exiled

Judges mostly solve cases rather than interpret the law

"A society with perfect morals will not have litigation"

No explicit protection of personhood e.g. in some cases humans are treated as, uh, beasts?

Only commanders in war can kill soldiers immediately

Goal: Stability, not process




Unicorn - Not tennessee williams lol
West: power, "pure", "noble"
The Sun God in Egypt and shikelang
No judicial proof; based on consensus, no strict scrutiny (ok wrong terminology but the point is there

Justice by results, not proccess