Breakdown of Rule of Law and Order Under Qins - Research Paper Example

Qin-Han expository essays on the value of agriculture, on the employment of foreigners and on punishments raise specific and significant policy debates that impact on the maintenance and the benefit of the state and its people. With regards to punishments, the essay raises the level of injustice that was prevalent in the society during the reign of the Qin’s monarch. Though the injustices had subsided during the reign of the Han Emperor, critical reforms were necessary for the administration of justice. The official argues that judicial officers, while dispensing justice deemed being tough on the accused and sentencing them to severe punishments as sign judicial shrewdness. He argues that the judicial officers render decision not for the sake of justice but rather for personal glory. He points to the fact that some of their decisions cannot be undone, if the judicial officers rendered them in error. Especially with regards to the death sentence, the official argues that it were better to let a guilty person go scot free rather than execute an innocent man. To add, he points to the fact that the judicial officers often lead to the self incrimination of the accused, who, faced with distress of a charge, will say anything to try to save their life. The officials record the confession in a manner that if the matter goes to appeal in a higher court, chances of the accused succeeding are minimal. The officers bestowed with the role of rendering justice often breach the law with impunity, with the end result that they are worse than the criminals they imprison. Consequently, the magistrates are hated by the society. Therefore, he proposes for reforms in the administration of justice, and that minor offences should not be strictly punished, for no society lacks flaws. To add, freedom of speech should be allowed to the advisers of the throne, and that the regime should not repeat the mistakes made by its predecessors. The other pertinent issue addressed is with regards to the employment of foreigners. This issue arose because certain high ranking government officers had persuaded the prince of Qin to dismiss all foreign nobles and other strangers form his court. The official points to the emperor that such a decision would be fatal given the positive contribution that has been derived from the foreigners by the state and its people. He points to the emperor the invaluable role that foreigners play for the advancement of international trade. He argues that since goods from other places such as jade, jewels, pearls and fine horses from outside are admired and useful for the state and the people, and are regarded as such, it would be tantamount to treating the human being as less valuable than the goods, if he were to discriminate against foreigners, yet admit foreign goods. Secondly, he argues that great nations are built by a great population. He equates a kingdom to an ocean, and argues that a single stream, regardless of how small it is, contributes to the vastness of the ocean. Consequently, he argues that a wise leader should not discriminate on the basis of nationality. Moreover, he argues that expelling the foreigners would lead to future power vacuum, given that old leaders were on the verge of retirement, and there would be nobody to take up their roles. Most importantly, he points the emperor to the fact that expulsion of foreigners would serve to only to strengthen their enemies, given that the expelled people would join the ranks of their competitors. They would leave the majesty with vacancies to fill, while they join the enemies with the bitterness, and therefore, danger will always room on the state. With regards to the value to the agriculture, the officer points to the critical and irreplaceable role that agriculture plays for the well being of the state and its people. A hunger free state is a prosperous state. Agriculture is supreme, and ties a person to his homeland. Hunger and lack of clothes contributes to a higher crime rate, as it makes men lose both honesty and shame. Consequently, he argues that a wise ruler should concentrate the energies of his people towards agriculture and levy little taxes on agriculture and agricultural produce. To add, he should provide for grain storage services for his subjects to provide for them when their enterprises fails. Finally, he argues that agricultural produce should be treated as more important than gold, silver and jewels, since the latter cannot eliminate hunger and instead propagates crime. The writers rely on rhetorical devices to pass their message around in a convincing manner with the aim of persuading the emperor towards particular frame of view. Rhetorical devices have been successfully used to provoke the emperor into a rational decision based on the writer’s emotional depiction of a certain point of view. The writers have employed logos, pathos and ethos. Logos entails the use of logic in order to appeal to someone. For instance with regards to the employment of foreigners, the writer appeals to the logic, clearly showing the close relationship between foreign goods, which were crucial to the state and its people, and the foreign workers. Consequently, he draws the emperor into the conclusion that if they could not do away with the foreign products, they could similarly not do without foreign employees. Pathos appeals to the reader’s emotions. The writers have sought to elicit the emotion of the policy makers to convince them to a certain point of view. For instance with regards to punishment, the writer brings out the unfairness that the judicial officers. Finally, the writers have appealed to ethos to describe the best guiding tenets that characterizes a state. For instance, the writers on agriculture have indentified key guiding tenets that every leader should uphold, such as prioritizing agriculture over anything else. To add, the writers play out the concerns of their time given the historical circumstances in which the same is set. These include military matters, competition with other kingdoms or the state of the economy. For instance, with regards to punishment, the writer argues against the injustices, in light of historical injustices and breakdown of rule of law and order under Qins, and therefore leading to the fall of their leadership. Consequently, any further and present injustices against the people would be interpreted against these past historical injustices. Moreover, with regards to employment of the foreigners, dismissal of the foreigners would give other kingdoms a competitive edge in terms of experience labour. Moreover, this would give their enemies an edge, when it came to the military might. To add, the writer, in a compelling way was able to equate foreigners to foreign goods wich had become an integral part of the state and could not be done away with. To add, with regards to agriculture, the writer compared the present food scenario to during Yao’s reign whereby despite the fact there were floods, for 9 years or 7 year drought that was experienced during Tangs’ reign, there was no hunger. This is because they had prioritized food production over other issue. Consequently, he provides compelling reasons for the prioritization of agriculture. References Gannon M. (2003). Florida: A Short History. University Press of Florida. Giles H(2007) Qin-Han Dynasties 221 B.C A.D 220. Asia Collection. Print Read More