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Unless otherwise specified, the descriptions of sources in this section are extracted from Pierre-Etienne Will and collaborators, Handbooks and Anthologies for Officials in Imperial China: A Descriptive and Critical Bibliography, 2 vols., Leiden: Brill, 2020
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Description
documentTypeBook
TitleXiangxing gujian 祥刑古鑑 [An Ancient Mirror of Auspicious Punishments]
Topic1. Code and commentaries
CountryChinese
Year1864
AuthorSong Banghui 宋邦僡 (Z. Huiren 惠人)
Publication typeWoodblock
Abstract

A treatise on moderation in applying punishments, set in sixteen rubrics, namely: (j. 1) “One must be careful when setting precedents” (修例宜慎); “One must be fair and lenient in handing down judgments” (定讞必平恕); “Investigating tirelessly in order to get the right facts” (耐煩聽察務得確情); “Warning against the excessive use of torture” (戒濫刑); “One cannot have a priori view when accepting a complaint” (受訴不可有成見); “Exactness is important when deciding on a case” (決獄貴有斷制); “Sincerely guiding in order to make the small folks repent” (至誠開導令愚民悔悟); “One must conclude cases quickly in order to avoid protracted complications” (案宜早結以免拖累); (j. 2) “Being strict on statuses” (嚴名分); “Being prudent in doubtful cases” (慎疑獄), “Warning against implicating [relatives]” (戒株連); “Redressing unjust judgments” (平反冤獄); “Preventing tampering with documents” (杜舞文); “Practicing the benevolence beyond the law” (體法外之仁); “Pitying prisoners” (恤囚); “Reading the Classics one can penetrate the meaning of the law” (蒙讀書可以通律意). Each rubric includes three sections preceded by a short introduction, viz. “instructions from the Classics” (jingxun 經訓), with occasional commentaries by “former Confucians”; “maxims” (geyan 格言) from previous emperors and officials, occasionally quoting from official handbooks; and “concrete examples” (shishi 事實) culled from historical and encyclopedic works (without indication of the source). The last two are arranged chronologically. Essays by such authors as Wang Huizu, Liu Heng, Yang Jingren or Yuqian are appended to some of the rubrics. Three texts are appended to the work: the Xingjie 刑戒 by Lü Kun, the Jianyan zonglun 檢驗總論 from the Xiyuan lu (q.v.), and a short prescription to cure wounds by blades entitled Shenmiao jinchuang yaofang 神妙金瘡藥方. The author spent years as an official in the ministry of Justice. He explains in the fanli that he borrowed much materials from Jiang Yi’s Chenjian lu and Yang Jingren’s Jingshi bian (qq.vv.), whose format he has indeed followed in this work.

Comment

A treatise on moderation in applying punishments in 16 rubrics: (j. 1) “One should be careful when setting precedents” (修例宜慎); “One must be fair and lenient in handing down judgments” (定讞必平恕); “Tirelessly investigate in order to get the right facts” (耐煩聽察務得確情); “Warning against excessive use of torture” (戒濫刑); “One cannot have an a priori view when accepting a complaint” (受訴不可有成見); “Deciding by oneself is important when adjudicating a case” (決獄貴有斷制); “Sincerely guide ignorant folks to make them repent” (至誠開導令愚民悔悟); “Cases must be concluded quickly to avoid complications” (案宜早結以免拖累); (j. 2) “Be strict on statuses” (嚴名分); “Be prudent in doubtful cases” (慎疑獄), “Warn against implicating [relatives]” (戒株連); “Redress unjust judgments” (平反冤獄); “Prevent tampering with documents” (杜舞文); “Practice benevolence beyond the law” (體法外之仁); “Pity prisoners” (恤囚); and “Reading the classics one can penetrate the meaning of the law” (蒙讀書可以通律意). Each rubric includes three sections preceded by a short intro.: “Instructions from the classics” (經訓), with occasional commentaries by “ancient Confucians”; “Maxims” (格言) from previous emperors and officials, occasionally quoting from official handbooks; and “Historical examples” (事實) culled from historical and encyclopedic works (without indication of source). The last two are arranged chronologically. Essays by such authors as Wang Huizu, Liu Heng, Yang Jingren, Yuqian and others (see their works in this bibliography) are attached to some of the rubrics. Three texts are appended: Lü Kun’s Xingjie 刑戒; “Jianyan zonglun” 檢驗總論 from Xiyuan lu (q.v.); and a short prescription to cure wounds caused by blades titled Shenmiao jinchuang yaofang 神妙金瘡藥方. The author, who spent many years as an official in the Ministry of Justice (see below), explains in the fanli that he borrowed much material from Jiang Yi’s Chenjian lu and Yang Jingren’s Jingshi bian (qq.v.), the format of which he followed in the present work.

SubjectLaw
LanguageChinese
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