Cln3m Introduction To Canadian Law

Kyle Yuncheng Cai Mr. MacKinlay 27/02/2024 CLN3M Introduction to Canadian Law: Importance of the Tang Code.

Law only operates if all citizens agree to follow this code created by society. The rules of the game of society that vary from Canada to China to the USA. However, despite the minute differences, the result of regulation is the same. The code was said to have been “the earliest Chinese legal code that we have in its complete form”. The Tang Code served as a model for all subsequent dynastic codes of law, including those of the Song, Ming, and Qing dynasties” (Wuji, para.1). The idea of law organizing citizens is well demonstrated by the great Tang Code created in 653 AD, which accumulated previous dynasties’ rules and promulgated a

Due to the Tang code being one of the earliest comprehensive and inclusive codes for law, it was unable to entirely complete the criteria for the rule of law. However, it did parallel the ideas of the rule, such as “all persons, institutions and entities, public and private.are accountable to laws that are publicly promulgated”(LexisNexis, para.1). The Tang dynasty watched the short reign of the previous dynasty partially due to the extreme punishments handed out, such as the death penalty for stealing or other simple crimes. Hence in the Tang code, the severity of the punishments followed a system of death, exile, forced labor, beating with a heavy stick, and whipped with a light stick. The worst crime a person may commit according to the Tang code is the ten abominations (), where the crimes follow the Western idea of natural law and the ten commandments of God. For violating the ten abominations, a person is doomed to death. The ten abominations include planning anarchy against the emperor, sexual crimes, and challenging the authority of the state. The ten commandments, although taken partially in Canadian law, vary

For instance, section 1, the section in the Tang code that concerns robbery and theft, has a substantive and procedural part similar to how Canadian law is structured. The severity of the crime increases and decreases due to different factors. Morality may also play a role in the punishment instated. In modern day Canadian law, section 343 outlines the definition of a robbery or robber and subsection (1a) outlines the punishment for the perpetrator if in possession of an illegal firearm and the punishment increases if the perpetrator is found to have repeated similar actions in the past. The Tang code is able to follow this format exactly as in section 1, the code states “In cases of robbery by force, when no property is obtained, the punishment is penal servitude for two years. When the property is valued at up to a foot of silk, the punishment is penal servitude for three years.In cases of robbery by stealth resulting in no gain, the punishment is fifty strokes of the light stick”(Wuji, pg.26, sect.1). The severity of the crime fully dictated the punishment handed out, as theft with no gain and no physical harm to others, resulted in the