Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, TortureLea, Henry Charles
History
Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture
Lea, Henry Charles
Ordeal; Torture; Wager of battle; Wager of law
The superstition which we here find dignified with the forms of
Christian faith manifests itself among so many races and under such
diverse stages of civilization that it may be regarded as an inevitable
incident in human evolution, only to be outgrown at the latest periods
of development. In this, however, as in so many other particulars,
China furnishes virtually an exception. Her arrested thought exhibits
itself, in the King or sacred books collected by Confucius five hundred
years before the Christian era, in nearly the same form as is found
in the orthodox opinion of to-day. In this, religious belief is but a
system of cold morality, which avoids the virtues as well as the errors
of more imaginative faiths. In the most revered and authoritative
of the Chinese Scriptures, the Shu-King, or Holy Book, we find a
theo-philosophy based on a Supreme Power, _Tai-Ki_, or Heaven, which
is pure reason, or the embodiment of the laws and forces of nature
acting under the pressure of blind destiny. It is true that some
forms of divination were practised, and even enjoined, but no fuller
expression of belief in direct interposition from above is to be found
than that contained in the saying attributed to Muh-Wang (about 1000
B. C.) in his instructions to his judges in criminal cases: “Say not
that Heaven is unjust; it is man who brings these evils on himself. If
it were not that Heaven inflicts these severe punishments the world
would be ungoverned.”[821] It is, therefore, in strict compliance with
this philosophy that in the modern jurisprudence of China there is
no allusion to any evidence save that of facts duly substantiated by
witnesses, and even oaths are neither required nor admitted in judicial
proceedings.[822]
Public-domain text, read in full here on John Shaqi.
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