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Posted by Pandora on 13. Aug 2011

<div>1. 'Code of Hammurabi" is the earliest ever found, save a complete written the statute book,Established on the basis of legislation in the Sumerian,Based on the basis of two of the most famous,Namely, "An eye for eye, tooth for a tooth" and "let the buyer beware."Criminal cruel, and inequality between people, with modern laws promote the humanitarian spirit, the spirit of equality is different.But "Code of Hammurabi," to the legislation of Western countries was a major impact,For example, there is evidence to conviction,Set of citizens juries, to be placed on file and record all cases.After viewing and reviewing convenience, but also conducive to further study later Babylonian culture, and West Asia Legal History。</div> <div>&nbsp;</div> <div>2. The so-called rule of law, the difference between broad and narrow sense that,Broadly: the rule of law that the legal system, refers to power of social groups according to their own will, through the national government established laws and institutions,Narrow: all participants in social relations, strict and equal enforcement and compliance with the law, the principle of acting according to the law and system.</div> <div>&nbsp;</div> <div>3. As early as the Xia and Shang dynasties in China appeared in the judicial system,The judicial system and its functions, not separated from the administrative, military system and its functions yet, They are basically into one body.Xia and Shang dynasties is of divine law early Chinese era, .The judicial system has a distinct day crusade, God punished ,Characteristics of the gods decision,The main features of the penal system is brutal harsh, random arbitrarily broken,With the justice system of production, as the executing agency of the prison sentence began to appear.Spring and early development of statute law, the state of Chu and Jin, released late Spring and Autumn statute activities to Zheng, Jin important representatives of the two countries."Law &amp; Economics" is the source written the statute book in ancient China, is China's first written the statute book, a more systematic, pre-Qin Legalist "rule of law", "heavy" as the guide, reference, summary, absorbing all previous legislative regime experience, the highest ever achieved legislative success. Legal developments in the history of ancient China, occupies an important place in history. On the later legislation had a profound impact.</div> <div>&nbsp;</div> <div>&nbsp;4 . Plato is the first one to retain the history of Europe under the complete works of thinkers, he believes, because of the different levels to share ideas, and accordingly they were with gold, silver, copper and iron in three different nature, people also have different types and quality of gold &rarr; philosophers &rarr; wisdom, silver &rarr; Warrior &rarr; brave, metallurgy and production workers &rarr; &rarr; restraint, when an individual's three qualities (desire, passion and reason) ,When an individual's three qualities (desire, passion and reason) to run an orderly coordination in individuals, the individual becomes a righteous person. This means that the rational desire for domination, mental control body, so in this sense that Plato's justice is a kind of moral justice, a character of the, has "more good" and "less evil" two part. If a more dominant part of the good, you control the "more evil" that part, he becomes his own master; If he accepts the bad education, or by the bad guys exert a gradual, he will become "slaves of their own." When inflated, Had to submit to external authority, the external authority is the law, the law is a social code of conduct, it is fair and just sign. He said: "If the law is fully able to lead to perfection or at least partially achieve this goal, we should implement these laws." Citizens' education is also to guide them to perform and comply with the law; law must have the authority, state officials the power must be constrained, by the so-called good law enforcement officials to conduct excellent.</div> <div>&nbsp;</div> <div>5. Aristotle believed that the city-state based on justice, that justice derived from the law, to determine the merits of earth.Justice is that people in social relations arising from a virtue . Justice and injustice with two meanings: First, the ability to submit to discipline; ​​The second is made ​​by a person whether he should get something is he should to get. Law is a political conception of justice is world-recognized standards for fair and impartial balance, rational expression, is a contract-style contract.Law include: (1) justice: the law is the embodiment of justice, its all people, including rulers and ruled are equal; (2) variability, changes permitted by law, of course, this change must carefully; (3) must comply . Law is a special kind of social norms, people's conduct, everyone must comply.Role and purpose to the whole city-state is "good business" to "Virtue", in pursuit of "public welfare", to enhance human morality. Some say Plato to give with more passion and ideals to the future generations, and Aristotle left behind more mature system and logic. He respected the rule of law, the rule of law for the mature Western theory of the establishment of great significance.</div> <div>&nbsp;</div> <div>6. The so-called lynching: Illegal to use without permission to punishment people, but also refers to the Penalties unauthorized to punishment people. China's "lynching", as early as the Shang Dynasty existed, "mob justice" in the name, from the Apocalypse in the late Ming Dynasty. Tyranny of the Qing Dynasty more absurd, very cruel, heinous.1940 the National Association for the Advancement of Colored Americans, referred to as NACCP proposed that the definition of lynching that has the following four factors: 1, there must be evidence that someone was killed; 2, the victim was illegally put to death; 3, more than three people involved in the killing; 4, to maintain or traditional justice as an excuse. However, this definition lead to disability and lynching attempt to exclude, it has not been recognized by the U.S. Department of Justice.Some scholars have proposed a definition of lynching behavior of the other four common features: 1, in general, thugs on the evidence of guilt or innocence of the victims do not care; 2, its behavior is where the community support or acquiescence, not by law enforcement institutions to implement; 3, lynching is not only for the purpose of implementation of individual punishment, but the method is to defend white supremacy; 4, contains a number of lynching highly ritualized form of torture, such as castration genitals. That lynching is a relatively common human social behavior, with examples to prove: Back in 1644, some scholars use the lynching (lynch)France, a mob attacked three public officials ; 1769, in Ireland, A mob informant to the police dismembered, and then nailed a piece of the prison door; in China, the 18th century there had been mob to kill the shaman's event, 19th century burn thieves when their alive. "Private criminal law" can be traced back to the Bible, religious practices, which replaced the law. Lynching is a set of racist and sadistic punishment for the cruel one. Most lynchings were shot and killed or hanged with a rope, or both. Some hands-lynching explained that "lack of confidence in the courts" is one of the reasons leading to lynching.</div> <div>&nbsp;</div> <div>&nbsp;</div> <div>7. What is justice, justice: a fair, legitimate reason, justice, and help people help the society. Justice is that people in order to overcome the current evil is ultimately in order to maintain harmony and happiness of human moral behavior. Christian ethicists is that the body should pledge allegiance to the soul is justice, Plato believed that people should do according to their level to do that justice, Kelsen said: "Justice is a subjective value judgments." Social justice is generally considered the noble human values​​, is a fair, rational point of view, behavior, activities, ideas and institutions. Justice is a relative concept, a different society, different classes have different concepts of justice. Law and justice are interlinked and mutually reinforcing, the development of the law of justice played a certain role. Legal pursuit of justice as the highest goal, is to distinguish good laws and bad law as draconian standards, the evolution of the spirit of the law has always been the driving force. Moreover, the law is an important means to achieve justice, justice is to limit the minimum requirements for any violence. Mandatory use of state law, to protect the legitimate interests of the social body, through the ruling disputes and punishing illegal acts of injustice. But if the violence and crime go unpunished, justice can not be achieved, the evidence can not prove, can we just call the lynching as a another weapon ? Cold law,cold as ice, which above all can not be profane, profound meaning ,behind the crime, religion, beliefs, morality, justice, what is justice? True justice, development of human civilization to the present, has always been a confused, Ratchett selfish, cold-blooded, cruel, but he also scared, fear, fear for death, he does not believe in God before, but the more the performance of his fear of death, want forgiveness and protection, the more the weakness of human nature displayed in the dark , lowly and grovel to begging forgive from God, will lead you to some extent a trace of sympathy for this despicable wretch, triggering what is justice? If the law is not justice, if they're really good people but can not get the truly fair, then lynching will have legitimacy? Rationality? It become another way of punishing crime of violence? This new film "Murder on the Orient Express (2010)" compare "Murder on the Orient Express1974", David Suchet is really a good actor, every time the detective in "The Queen" Agatha Christie's works so vivid interpretation. The film has deepened the inner conscience of torture, directed at the suffering of human civilization, Mr. POIROT no longer revel in proud of his "gray brain cells", and in he insisted before the law for many years there's faint anxiety confusion and anxiety, from the begining of Istanbul appear lynching, actually he has a deep touch of civilization, of life, to think of fairness and justice, ending Dear Mr. POIROT left alone in the windy snow, he's tears are too heavy, too complex, thought-provoking, inner struggle, persist for many years of legal doctrine, philosophy, and a little cover for the Offenders , and inner repentance. . . All so that the whole Murder on the Orient Express (2010) "has a new bright spot.By comparison, the old version in logic to win, but the new version, a more in-depth reflection and exploration of human nature, the film's moral point of view is expressed "to punish the perpetrators who should be punished", "do the what u think is right",lynchings and legal in fact, not conflicting, but many loopholes in the judiciary, the lack of morality, distrust of the law, to seek legal justice, but disappointment, so people want to go through another channel to complete their inner justice, but if rationalize lynching, or legalized, then the civilized society of today, but also to build on what basis? Turn back to the wild savage of society, deprived of life, instead of the law, then the legislation what is the point? Lynching blasphemous justice? No one has the right above the law, the film's moral and legal game, legal defeat , last ,this article end of the classic dialogue by Mr. POIROT : "the rule of law, it must be hold high! And if it falls, you pick it up and hold it even higher! For all society, all civilized people will have nothing to shelter them if it is destroyed!"</div> <div>&nbsp;</div> <div>&nbsp;Again to the detective, "the Queen 'Agatha Christie Tribute!</div> <div>&nbsp;</div> <div>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Princess Ping Nan</div>


1 Comment

  • Shasha Garden

    Trying to understand where all these came from I googled your post and I discovered a site full of free books that is NOT blocked in this part of the planet, like all the other sites I used till now! Thanks!!!! :)

    13 August 2011

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