Eight Deliberations
Encyclopedia
Eight Deliberations also translated as Eight Considerations, Eight Discussions or Eight Discussed Cases, was a set of principles used by traditional Chinese law
in order to lessen legal punishment on the royalties, nobles and members of upper classes.
Dynasty during the Three Kingdoms period and originated from similar regulations in the Rites of Zhou
. These suggested that criminals qualified under the following eight conditions could be considered for a commutation of sentence
:
, with its Article 7 exactly entitled the same name. According to it, permission from the emperor
was required before any kind of interrogation
or judgement could be carried out towards the offenders of the legally favored categories. However, as pointed out in Article 8, the legal privilege was not applicable to cases involving violation of the Ten Abominations
.
Since the Eight Deliberations was introduced, all of the following Chinese dynasties maintained the installment of this system to their law.
of the sixth degree of mourning and closer. In addition, the emperor
's paternal grandmother's and his mother's relatives within the fifth or closer degree of mourning, the empress's relatives within the fourth or closer degree of mourning were also considered.
's service for a long period of time thereby merited this favor.
, and serve as a model for human relationships.
Traditional Chinese law
Traditional Chinese law refers to the laws, regulations and rules used in China up to 1911, when the last imperial dynasty fell. It has undergone continuous development since at least the 11th century BC...
in order to lessen legal punishment on the royalties, nobles and members of upper classes.
Origins
The Eight Deliberations were established by the WeiCao Wei
Cao Wei was one of the states that competed for control of China during the Three Kingdoms period. With the capital at Luoyang, the state was established by Cao Pi in 220, based upon the foundations that his father Cao Cao laid...
Dynasty during the Three Kingdoms period and originated from similar regulations in the Rites of Zhou
Rites of Zhou
The Rites of Zhou , also known as Zhouguan, is one of three ancient ritual texts listed among the classics of Confucianism. It was later renamed Zhouli by Liu Xin to differentiate it from a chapter in the Classic of History which was also known as Zhouguan.Though tradition ascribed the text of the...
. These suggested that criminals qualified under the following eight conditions could be considered for a commutation of sentence
Commutation of sentence
Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime...
:
- Relatives of the sovereign
- Old acquaintances of the sovereign
- Individuals of great virtue
- Individuals of great ability
- Meritorious individuals
- High officials
- Individuals exceptionally zealous at their government duties
- Guests of the sovereign (i.e. the descendants of preceding imperial families)
Eight Deliberations as a Legal Privilege
The earliest records of the whole set of Eight Deliberations existing nowadays can be found in the Tang CodeTang Code
The Tang Code was a penal code that was established and used during the Tang Dynasty in China. Supplemented by civil statutes and regulations, it became the basis for later dynastic codes not only in China but elsewhere in East Asia. The Code synthesised Legalist and Confucian interpretations of...
, with its Article 7 exactly entitled the same name. According to it, permission from the emperor
Emperor
An emperor is a monarch, usually the sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife or a woman who rules in her own right...
was required before any kind of interrogation
Interrogation
Interrogation is interviewing as commonly employed by officers of the police, military, and Intelligence agencies with the goal of extracting a confession or obtaining information. Subjects of interrogation are often the suspects, victims, or witnesses of a crime...
or judgement could be carried out towards the offenders of the legally favored categories. However, as pointed out in Article 8, the legal privilege was not applicable to cases involving violation of the Ten Abominations
Ten Abominations
The Ten Abominations were a list of offenses under traditional Chinese law which were regarded as the most abhorrent, and which threatened the well-being of civilized society. They are listed below. The first three were capital offences:...
.
Since the Eight Deliberations was introduced, all of the following Chinese dynasties maintained the installment of this system to their law.
Deliberation for Relatives of the Emperor
Deliberation for Relatives of the Emperor included the relatives of the emperorEmperor
An emperor is a monarch, usually the sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife or a woman who rules in her own right...
of the sixth degree of mourning and closer. In addition, the emperor
Emperor
An emperor is a monarch, usually the sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife or a woman who rules in her own right...
's paternal grandmother's and his mother's relatives within the fifth or closer degree of mourning, the empress's relatives within the fourth or closer degree of mourning were also considered.
Deliberation for Old Retainers of the Emperor
Deliberation for Old Retainers of the Emperor included those who had been in the emperorEmperor
An emperor is a monarch, usually the sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife or a woman who rules in her own right...
's service for a long period of time thereby merited this favor.
Deliberation for the Morally Worthy
Deliberation for the Morally Worthy included worthy men or superior men whose speech and conduct were greatly virtuous and may be taken as a model for the country.Deliberation for Ability
Deliberation for Ability included people of great talent, able to lead armies, manage the affairs of government, correct the course of the emperorEmperor
An emperor is a monarch, usually the sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife or a woman who rules in her own right...
, and serve as a model for human relationships.