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Are The Ten Abominations Redeemable

  • Author:

    Chan Chun-Keung, Kao Tzu-Hsuan

  • Page Number:

    31:243-269

  • Date:

    2017/06

  • Cite Download

Abstract

The redemption system in Tang dynasty consists of Status privilege Redemption, Physical factor redemption and Crime redemption, each with different conditions and penalties to apply to. In the redemption system in Tang dynasty, it has been discussed but still left space to further explore that whether the redemption system can be apply to Ten Abominations. We can break it into three divisions to discuss according to the related laws. Firstly, we can start with the four laws of Negotiation, Intercession, Reduction and Redemption and the special treatments for government officials and their relatives. The essence of the four laws is the same as their writing logic. After comparison, it is specifically stated that the laws of Negotiation, Intercession and Reduction can not apply to Ten Abominations. Since the law of Redemption has not mentioned the application, it can be deduced that there is no general regulations to rule out its application to Ten Abominations. Secondly, referring to Ming Li of Tang Code, it states, “Once the concubines of officials above the fifth rank commit Non-Ten Abominations or crimes beneath the crime of exile, Redemption could apply to them. They would not be limited to the redemption system if the redemption could not suit them.” It expresses Redemption can only apply when the concubines of officials above the fifth rank commit Non-Ten Abominations. Then it further states in The Laws of Negotiation, Intercession and Reduction-Redemption, those who could not suit the law of redemption would not be confined to the redemption for the concubines of officials above the fifth rank. The crimes that could not be applied to Redemption exclude Ten Abominations. Hence the separate explanation is needed. Lastly, according to the regulation “When criminals are senior, underage or diseased” from Ming Li of Tang Code, it verifies one can be redeemed after committing Ten Abominations in Tang dynasty. A dialogue in it has mentioned “In the former law, Redemption can apply to some of Ten Abominations but not all.” The former law here refers to The Laws of Negotiation, Intercession and Reduction-Redemption. From “Redemption can apply to some of Ten Abominations but not all”, we can deduce some crimes from Ten abominations can be redeemed. There is no rule on non-redemption for all Ten Abominations.

As for which crimes from Ten Abominations can be redeemed and which not, it requires comparison of the crimes excluded from the law of Redemption. If the crime from Ten Abominations is excluded from the law of Redemption, then Redemption would not suit the crime, and vice versa. The four crimes from Ten Abominations- plotting a rebellion, planning great betrayal, plotting treason and evil disobedience are all death penalty excluded from the law of redemption, and the criminals’ relatives would receive collateral punishment of exile. These four crimes are unredeemable. Other crimes such as “poisoning with venomous insects” from the crime of immoral behaviors would not be lessened under an amnesty and the criminals would be exiled. “Mesmerizing or harming one’s grandparents and parents in order to woo” and “not mourning properly after one’s grandparents or parents are dead” from the crime of lack of filial piety are also excluded from the law of redemption. Above are those from Ten Abominations that are unredeemable. Those from Ten Abominations that can be redeemed, therefore not excluded from the law of redemption can be seen in the crimes of immoral behaviors, great irreverence, lack of filial piety, improper behavior, unrighteous behavior and incest. These redeemable crimes from Ten Abominations cause less actual harm but should be severely condemned in a moral sense. Considering from a reality perspective, these crimes that cause less harm would not suit severe punishment and can even be replaced with Redemption. However, through the law of Ten Abominations, it can title the criminals with a heinous name as moral condemnation, which represents the balance between etiquette and punishment stricken by Tang Code.

Keywords

Ten Abominations, Negotiation, Intercession, Reduction, Redemption

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Citation Text

Footnote
Chun-Keung Chan and Tzu-Hsuan Kao, “Are The Ten Abominations Redeemable,” Journal for Legal History Studies 31 (2017): 243-269.

Bibliography
Chan, Chun-Keung, and Tzu-Hsuan Kao
2017 “Are The Ten Abominations Redeemable.” Journal for Legal History Studies 31: 243-269.
Chan, Chun-Keung, & Tzu-Hsuan Kao. (2017). Are The Ten Abominations Redeemable. Journal for Legal History Studies, 31, 243-269.
Chan, Chun-Keung, and Tzu-Hsuan Kao. “Are The Ten Abominations Redeemable.” Journal for Legal History Studies, no. 31 (2017): 243-269.
Chan, Chun-Keung, and Tzu-Hsuan Kao. “Are The Ten Abominations Redeemable.” Journal for Legal History Studies, no. 31, 2017, pp. 243-269.
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