Legal Analysis Of Revenge For Filial Piety In The Han Dynasty

As one of the oldest human social behavior, revenge was a mutual vengeance betweenclans at its original form. Because there was no public power above the clan at that time, theclan community which linked by the natural blood become the mainstay obligation of therevenge. When the clan member was hurt by other tribe, the whole clan would take revengefor him When China stepped into the slave society and the feudal society, revenge wentthrough the process of evaluating from the early regulation of the scriptures to a relativelycomplete legal system. There were many kinds of revenge, such as brotherhood revenge,fraternal revenge and parental revenge. From the perspective of revenge for filial piety, thisthesis conducts a study on the judicial mode which bowed to filial piety in Han dynasty.There are five chapters in this thesis, which mainly discussed the phenomenon of filial piety,the cause of it, the essence of this kind of law and the rationality of it.With purpose of presenting the concept of flexor method for filial piety more clearly,this thesis on one hand gives the definition of revenge and revenge for the filial piety, on theother hand takes the phenomenon of revenge into the research field of law at the beginning.Chapter one first introduces the “for or against “legislation attitude to revenge for the filialpiety in Han dynasty; then illustrates that in Han dynasty, when dealing with the case ofrevenge for the filial piety, officers always made flexor towards the injustice law, reduced thepunishment or even rewarded the avengers. This chapter briefly introduces the judicial andlegislative history of Han dynasty, at the same time, it also explored some cases on arelatively thorough extend. Chapter two mainly analyzes the cause of judicial mode of flexormethod for filial piety hoping to demonstrate that the flexor method for filial piety was thespecific products in the concrete historical environment. Chapter three explores the fact thatthe essence of the phenomenon of flexor filial piety in the Han dynasty was the reflection ofthe conflict between social ritual and law, and it was a powerful impact of the ritual towardsthe law. Chapter four, taking the particular history stage of the Han dynasty into consideration,discusses the rationality of the flexor method for filial piety in Han dynasty. Chapter fivemakes a conclusion to the whole thesis.By summarizing the cases on revenge for the filial piety, this thesis figures out thejudicial attitude towards flexor method for filial piety in Han dynasty. This special judicial mode was formed under the inevitable tension of the Confucian ethical thought in fact withfilial piety standard, and yet there was the era rationality for its appearance and existence.