Celebrated Cases of Judge Dee - Essay Example

Order 283672 Celebrated cases of Judge Dee Introduction: Judge Dee stories provide the reader with a clear picture about the intricacies of the Chinese Legal System. The action in the stories takes place during the Tang Dynasty and the cultural details and clothing are based on the Ming Dynasty. The stories hold the mirror which provides the accurate view into traditional Chinese legal systems, method and dispensation of justice, reformation attempts and the punishments meted out to the accused and the prisoners. How people felt assured about getting proper justice from the upright judges, who carried out their duties with ruthless efficiency. They saw to it that the perpetrators of the crimes did not go unpunished. One can also see the healthy integration of Confucian rites in the Chinese judicial procedures. The dispensation of justice: This detective novel based on an actual character, Judge Dee, a Chinese magistrate who lived around 700 A.D. and whose job responsibilities involved solving local crimes. This book details how Judge Dee and his aides solved three interlocked cases: The Case of the Double Murder at Dawn, The Case of the Strange Corpse, and The Case of the Poisoned Bride. The contribution of the Judge for the wellbeing the society was extraordinary and Robert Van Gulik observes, “One upright magistrate means the happiness of a thousand families. The one word “justice” means the peace of the entire population. The exemplary conduct of Judge Dee, magistrate Chang-ping, is placed here on record, for the edification of the reading public.” (Gulik, 1976, p, 5)When the dispensation of justice is fair and assured, the people trust the system and respond positively. Judge Dee is not a fictional character; he is the real person, a famous magistrate and statesmen of the Tang dynasty. Even today Chinese consider him as their master detective and he is often compared to Sherlock Holmes of the westerners. In those times, for being appointed as the Judge, one required extraordinary qualities. That you judge is no doubt important; but the process of judging was more important. The qualities and acumen demanded of an individual aspiring for the position of Judge were extraordinary. “The honesty of a magistrate does not only consist of negative qualities like not accepting bribes and not doing harm to the people; it also implies positive qualities such as, in serving the State, doing what others can not or dare not do, and, in ruling the people, rectifying wrongs that others cannot or dare not rectify.”(p,5-6) How one specific set of social, political or moral anxieties/issues is raised? As you read the book you are introduced to the history of China during the period under report, Chinese law and procedures. Proper methods for torture and punishment for the investigation of the crimes were laid down. In one of the stories, Gulik describes how the torture procedure was applied: “Judge Dee banged his fist on the table, and shouted in a thundering voice to the constables to apply the "great torture." They brought in an iron pan with glowing coals, and thereon laid several feet of thin chain. When these chains had become red-hot, they picked them up with a pair of tongs, and threw them on the floor. Then they stripped off Shaos trousers, and holding him his arms, made him kneel on the chains. Shao emitted piercing shrieks of agony. The stench of burnt flesh filled the court hall. Then his screams changed to moans, and he fainted.”(p,139) The pattern of the stories followed the post-crime procedure. The crime is committed first and Judge and his team investigated and found out how it was done and by whom. Intriguing conversations took place. The reformation and rehabilitation programs often discussed about the prisoners of the modern day were practiced by Judge Dee with great results. What were the antecedents of his four trusted lieutenants? The two former highwaymen said respectfully before Judge Dee, who gave them a good talking, that greatly moved them, “the two of us have resorted to this despicable occupation only because we found the Empire in turmoil, and wicked ministers in charge at court. We, having nothing in this world, but our able bodies and our knowledge of the martial arts, and finding no one who would employ us, thus had no other course open to us than to become highwaymen. But since Your Honor has now so kindly spoken to us, our only desire is to be allowed henceforward to follow your whip and hold your stirrup, in order thus to sow our gratitude for your Honor’s favor.”(p,9) The operating aspect of the Chinese system of jurisprudence then may astonish western judges or barristers. The Chinese penal code was very strict. Confession was an important part of the case before applying the closure and who secured the confession? The Judge did it in the open court as per the prescribed procedure. He had the legal mandate to order the torture. Crime scene was properly investigated. Rigorous forensic approaches were followed. Strangely, supernatural events were taken into cognizance and their happenings bolstered the interpretation of various important aspect of the case by the Judge. Clues arrived from the spirits manifesting in graveyards. Dreams played an important role; the parishioners were interrogated instilling in them the fear of the supernatural. The Judge was a multi-dimensional judicial personality with several tough responsibilities. He was the prosecutor, the judge, the jury and the executioner when the situation demanded it. He can interrogate anyone, use the third-degree methods to extract confession, beating torture of the worst type were order of the day. But he functioned from the perilous precipice. If a magistrate erred in execution, and if it was later found out that the victim punished with death sentence was innocent, the Magistrate was executed. On the face of it, the Chinese judicial system looked harsh. But the dispensation of the justice was fair to all. One was punished according to the severity of the crime and no extraneous considerations interfered in transmitting justice, like rank, gender or age. How the Judge did not show any scope for emotions is explained in the following incident. When, after severe torture, Shao confessed and said, “This is the whole truth. I crave Your Honors leniency since I still have my mother to support.” Judge Dee shook his head, and said: “Also Liu Guang-chi and the carter Wang [the victims] had parents to support. I rule that in this particular case this circumstance shall not be considered." (p,140) Judge Dee attached greatest importance to the careful study of the ancient Chinese handbooks of detection, Hoong. It is repeatedly stated in it with great emphasis, that the first step of murder investigation needs to ascertain the character, habits and daily life of the victim. Murdered man’s personality often supplies the key. Social issues and great reverence for their traditions had always been the major issues for the Chinese rulers and the Chinese society throughout the history of China, though the viewpoints for its perseverance and growth invariably differed and clashed. On many occasions they led to bloody conflicts and violence. Chinese philosophers like Confucius (551-479 BC) “emphasized the preservation of tradition and moral cultivation. They were closely rivaled at the time by Mohists and Legalists, the former emphasizing frugality, discipline, and universal love, the latter law and statecraft.”(Ebrey, 1993, p, 2) The procedure adopted and the line of investigation followed by Judge Dee and his associates is more or less identical for all the three cases detailed in the book. The Case of the Double Murder at Dawn: At the first glace it looks simple. An argument amongst the traveling silk-merchants leads to brawls that result in death. The Case of the Strange Corpse: This is a mysterious case from the beginning, relating to the sudden death of a man year ago. The odd behavior of the widow creates suspicion. The Judge takes great risks as per the strict Chinese penal code—unfairly question the widow and exhume the body. If not guilty, the Judge and his assistants would pay with their lives, as per the law. The Case of the Poisoned Bride: This concerns a newly wed couple. They retire to the bed-chamber and the bride dies during the night. The suspicion falls on a young scholar. The author has provided the historical background of a Chinese detective novel, and how the Judges swore by the strict Chinese penal system while administering justice. Judge Dee was the real-life judicial authority of the seventh century. Investigation of the complicated cases was a life or death situation for the Judges as well, as one wrong execution would mean offering Judge’s own neck to the noose. But in the investigating process, the Judge had the benefit of several drastic tools to conduct investigation and complete the prosecution like, complex tactics of harsh accusation, torture to achieve the solution, and threat. To assist him, there were constables, besides his trusted lieutenants. The local authorities helped the Judge. He invoked guidance from dreams and ghosts. The Judges were both detectives and investigators. According to the translator Robert Van Gulik, "it was in his function of judge that the district magistrate displayed his talents as a detective" (p. IX). An interesting perspective of judicial system and operation of the proceedings of the court and the vivid description of the pre-modern Chinese culture during the seventh century is detailed in the book. The book gives account of the Chinese society in general. Many illustrations authenticate the information provided. Mention about the Chinese dress code makes an interesting reading. They wore no pigtails. Men tied their long hair up in a topknot. Donned caps both inside and outside the house. Tobacco and opium were never used. Conclusion: Throughout the 8000 years old Chinese history, governance through laws as per traditions and culture had been the concern of the kings of various dynasties. The people of China have gone through many convulsions. To cite one example from the ancient Chinese history, “ sometime soon after 2000 BC, there emerged out of the diverse Neolithic cultures in the north China plain a more complex bronze-age civilization marked by writing, metal-working, domestication of the horse, class stratification, and a stable political-religious hierarchy administering a large territory from a cult centre.”(Ebrey, 1999, p, 22) The wise saying goes, “Justice delayed is justice denied.” In the prevailing system of jurisprudence, in most of the countries, the cases linger on for years together. If the aggrieved party does not get justice well in time, faith on judiciary becomes a questionable issue. The Chinese judicial system, as represented in the cases solved by Judge Dee, indicates the serious concern of the judiciary for quick and appropriate punishment for the criminal. Such a system goes a long way to restore peace in the society. “Next to being a loyal servant of the Throne, Dee Jen-djieh was also a wise magistrate, a great gentleman who combined remarkable acumen with a benevolent and justice-loving disposition and who, as a district magistrate, succeeded in solving an amazing number of strange and puzzling criminal cases.”(p, 8) The writer succeeds in provide us with the remarkable details of the 7th century Chinese judicial procedures as well as the socio-cultural life of the people. ============ Works Cited Gulik, Robert van (Translator): Book: Celebrated Cases of Judge Dee (Dee Goong An) (Detective Stories) Paperback: 237 pages Publisher: Dover Publications; Unabridged edition (June 1, 1976) Language: English ISBN-10: 0486233375 ISBN-13: 978-0486233376 Ebrey, Patricia Buckley (Editor): Book: Chinese Civilization: A Sourcebook, 2nd Ed (Paperback) Paperback: 524 pages Publisher: Free Press; 2 Rev Exp edition (May 10, 1993) Language: English ISBN-10: 002908752X ISBN-13: 978-0029087527 Ebrey, Patricia Buckley: Book: The Cambridge Illustrated History of China (Cambridge Illustrated Histories) Paperback: 352 pages Publisher: Cambridge University Press (May 13, 1999) Language: English ISBN-10: 052166991X ISBN-13: 978-0521669917 Read More