1. In Confuciuss Analects, the Master says A gentleman is not a pot (OR: A gentleman is not an implement).
a. Briefly explain what you think this means.
b. What aspects of Confucian values are reflected in this statement?
c. Pick a literary character who represents the Confucian gentleman from one of our literature readings this semester, and explain how that character illustrates the way a Confucian gentleman is not a pot or, alternatively, pick a non-Confucian literary character from our readings, who illustrates acting like a pot. Use a quotation from the literature reading to support your answer.
Section #3
Extra credit. Discuss one similarity or difference between the rationale behind the treatment of murder cases in Qing China and the rationale concerning murder cases in the United States today.
Section
1. Assume that you are acting as a Qing magistrate. What would be your decision in the following case? What statute or substatute would you be applying, and what would be the sentences you would recommend for Chao-S and Chao-M? Remember, Tang-S died in prison! Hint: you must apply the substatute mentioned below, plus a statute from Huangs Manual; and also you must analyze the case the way we did the 3 assigned Bodde and Morris cases:
Facts: At the suggestion and instigation of Tang-S, Chao-S and Chao-M joined with Tang-S in an assault on Li-H and Chang-K, which resulted in the deaths of Li-H and Chang-K. Chao-S struck the death blow to Li-H and Chao-M struck the death blow to Chang-K. Tang-S died in prison from illness while awaiting trial.
Law: According to a recent substatute, if several persons planned an assault that caused the death of 2 or more persons not of the same family and if the original contriver dies while in prison from illness, then the death of the original contriver would be accepted as fit retribution for the deaths caused; the one who struck the death blow would get a sentence 1 degree less than the sentence normally required by statute.
The Crimes (who was killed and who did the killing):
Was there a contriver or instigator in this crime, and if so, who?
What kind of murder is this?
According to Huangs Manual, what punishment would Chao-S get?
According to Huangs Manual, what punishment would Chao-M get?
According to Huangs Manual, what punishment would Tang-S get?
According to the substatute mentioned in the case above, what are the punishments for Chao-S and Chao-M, since Tang-S died in prison?
Section
1. Comparing murder charges and punishments (10%):
d. What is the penalty for killing with intent?
e. What is the penalty for giving the death blow in an affray?
f. Which penalty is considered worse in Qing China, and why?
Section 6
1. Pick a case from the 3 cases we analyzed in Bodde and Morris, or the Woman Wang case from Huangs Manual for Magistrates, and answer the following questions (up to 15%):
g. Briefly summarize the case, including the parties, facts, and purported crime.
h. Briefly explain the law that is applicable to the case that you have chosen. Remember that the applicable substatute (li) will probably be summarized in Bodde and Morris, while the statute (l) will be referenced in Bodde and Morris to a different translation from the one we used. You might find the statute in the Qing Code materials on BB or in my White Binder (in the English Department mailroom).
i. In what way does the outcome of the Qing case differ from your understanding of the principles of American justice or law, and in what way is it similar? Use specific examples or quotations. Generalities (such as Qing law is Confucian) are not acceptable for credit.
please within 2 pages those questions answer shortly
