A History of Chinese LiteratureGiles, Herbert Allen
History
A History of Chinese Literature
Giles, Herbert Allen
Chinese literature -- History and criticism
“My master’s judicial capacity was of a remarkably high order, as
though the mantle of Pao Hsiao-su[46] had descended upon him. In very
difficult cases he would investigate dispassionately and calmly,
appearing to possess some unusual method for worming out the truth; so
that the most crafty lawyers and the most experienced scoundrels, whom
no logic could entangle and no pains intimidate, upon being brought
before him, found themselves deserted by their former cunning, and
confessed readily without waiting for the application of torture.
I, indeed, have often wondered how it is that torture is brought
into requisition so much in judicial investigations. For, under the
influence of the ‘three wooden instruments,’ what evidence is there
which cannot be elicited?--to say nothing of the danger of a mistake
and the unutterable injury thus inflicted upon the departed spirits
in the realms below. Now, my master, in investigating and deciding
cases, was fearful only lest his people should not obtain a full and
fair hearing; he, therefore, argued each point with them quietly and
kindly until they were thoroughly committed to a certain position, with
no possibility of backing out, and then he decided the case upon its
merits as thus set forth. By such means, those who were bambooed had no
cause for complaint, while those who were condemned to die died without
resenting their sentence; the people were unable to deceive him, and
they did not even venture to make the attempt. Thus did he carry out
the Confucian doctrine of respecting popular feeling;[47] and were all
judicial officers to decide cases in the same careful and impartial
manner, there would not be a single injured suitor under the canopy of
heaven.”
The following is a specimen case dealing with the evil effects of
superstitious doctrines:--
Public-domain text, read in full here on John Shaqi.
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