A History of Chinese LiteratureGiles, Herbert Allen
History
A History of Chinese Literature
Giles, Herbert Allen
Chinese literature -- History and criticism
“Of all trusts, this is the greatest and most sacred. The dead man
can never come back to life: that which is once cut off cannot be
joined again. ‘Rather than slay an innocent man, it were better that
the guilty escape.’ Such, however, is not the view of our judicial
authorities of to-day. With them, oppression and severity are reckoned
to be signs of magisterial acumen and lead on to fortune, whereas
leniency entails naught but trouble. Therefore their chief aim is to
compass the death of their victims; not that they entertain any grudge
against humanity in general, but simply that this is the shortest cut
to their own personal advantage. Thus, our market-places run with
blood, our criminals throng the gaols, and many thousands annually
suffer death. These things are injurious to public morals and hinder
the advent of a truly golden age.
“Man enjoys life only when his mind is at peace; when he is in
distress, his thoughts turn towards death. Beneath the scourge what is
there that cannot be wrung from the lips of the sufferer? His agony is
overwhelming, and he seeks to escape by speaking falsely. The officials
profit by the opportunity, and cause him to say what will best confirm
his guilt. And then, fearing lest the conviction be quashed by higher
courts, they dress the victim’s deposition to suit the circumstances of
the case, so that, when the record is complete, even were Kao Yao[7]
himself to rise from the dead, he would declare that death still left
a margin of unexpiated crime. This, because of the refining process
adopted to ensure the establishment of guilt.
“Our magistrates indeed think of nothing else. They are the bane of
the people. They keep in view their own ends, and care not for the
welfare of the State. Truly they are the worst criminals of the age.
Hence the saying now runs, ‘Chalk out a prison on the ground, and no
one would remain within. Set up a gaoler of wood, and he will be found
standing there alone.’[8] Imprisonment has become the greatest of all
misfortunes, while among those who break the law, who violate family
ties, who choke the truth, there are none to be compared in iniquity
with the officers of justice themselves.
Public-domain text, read in full here on John Shaqi.
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