By listing the penalties, the state is telling you what it doesn't think should be included. If, for example, the state wants universal and unselected loyalty of the younger to the older, it will already tell you by the very list of actions that are considered violations of such loyalty, how it understands this loyalty. When it sets appropriate punishments for a particular violation, it will carefully consider by the ratio of their severity which element of loyalty is more important for it and which is less important.
In this sense, it is difficult to overestimate the importance of the great Chinese criminal code of the Tang Dynasty (618-907) "Tang lu Shu yi" for enriching and clarifying our ideas about the spiritual life of traditional Tang China, about the system of priorities of that time, about the ideas of the individual and his rights and duties, about ideal, manifest social and legal values. values.
Criminal regulations. The famous "Tang lui shu yi" - "Tang criminal regulations with explanations", or, in common parlance, the Tang Code, as we know it, did not appear immediately: It was preceded by a centuries-old tradition and the painstaking work of Tang theorists that lasted for many years. The formation of Tang law began with the orders of the founder of the Tang dynasty, Gao-tsu, issued during the final establishment of his power (618), when he, as soon as he established control over the capital of the country, ordered the abolition of the most odious laws of the Sui Dynasty that he overthrew; traditionally, it is believed that the cruelty of its last ruler, and therefore laws, caused general indignation. Gao-tzu reserved the death penalty only for criminals guilty of murder, robbery, desertion, and treason (Tszyu Tan shu, 1936, tsz. 50, p. 1a).
Soon, Gao-tzu ordered his closest associates to draft a criminal code, using as a model the code of laws adopted during the reign of Kai-huang (589-600) in the Sui state , which was replaced under Sui by the much m ...
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