Tierney 2-1 The Law of the Land

In our Government and Law unit, we learned about several ways to run a society. Which of the methods do you think are best? Which do you think are the worst?

Breaking the rules and receiving the punishment depends on when and where you are. Running a society is a big task because people will naturally break the rules and laws provide structure but defining the laws are challenging. The most inhumane laws were in China under the Shi Huang government with the Han Dynasty as a close second. These governments viewed legalism necessary because people were basically evil but could be guided towards goodness. Han Fei Zi, a legalist scholar, contributed ideas to form concepts or laws, called Fa Shu Shi. Hans Fei Zi burned books in order to keep people from learning about Confucianism. He also murdered scholars to maintain the countrys ignorance. These people had few civil rights or any personal freedoms, because the rules stated that the country comes first, not an individual. And in contrast to Confucianism they did not suggest there were questions about the purpose of life. Confucius taught that there was a law that is ordained by the heavens and there is a natural order to things. Confucianism is the moral compass of man and requires civilized behavior. Confucianism and Legalism are still considered part of Chinas system today. In England, in medieval times, William The Conqueror started feudalism, and everyone owed his or her support to the king. Monarchies allow for power to be with a single person, usually a king or queen. Nobles were granted uses of lands that are given by the king in exchange for their loyalty. To prosper one would need to find favor with the king or monarchy and them when problems arise and the kings favor is reversed, leaving a person without. Power remained with the monarchy and the country was ruled by his or her whims. Villagers were at the mercy of their landowner and the monarchy. In 1780 BC, Hammurabi was able to approach fairness with written law. Hammurabis Code now sits in the famous Louvre in Paris and is an oblong stone with millions of marks that has historically become the first written law code. During the Old Babylonian period, Hammurabi presented this Code, these fundamental laws, as the structure for basic living. His Code provided the earliest example of presumption of innocence and allowed for both the accused and the accuser to provide case evidence. However, under Hammurabis Code, women did not fair well. Defined as the first true democracy, the Athenian people did not elect representatives; the people governed themselves. The Athenian people put ideas and problems to vote and they formed their own rules. There were no real politicians, lawyers or judges so ultimately stability of power became a problem. Because men could vote, they would have considered this a democracy, but perhaps women or slaves would not have considered it a democracy since they were not allowed to vote and therefore could not represent their position. The Roman Republic allowed for their citizens to vote for their leader, and the Romans established a balance of power that is recognized in democracies today. Voters were only adult male landowners, so woman and the poor were not represented in their government. They used the twelve tables as the basis for the Roman legal system.

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Mixing Athenian democracy and the Roman Republic will begin to form the best government, and then including the basis of Hammurabis Code and Confucianism you would build the best society.