Capital Punishment and State Sovereignty in China
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This essay considers the argument that Chinese legal exceptionalism with regard to its use of the death penalty derives from China's Marxist/Maoist rather than its imperial history. Starting from the premise that capital punishment is the purest expression of state sovereignty under any political constitution, the essay inquires first into the general relationship between the state and punishment, then into that relationship as it is represented in the legal rhetoric of imperial law during the Ming dynasty. Reflections on some of the dynamics of debates over appropriate penalties a century ago as well as today lead to the conclusion that, despite the extensive reliance on the death penalty in earlier times, China's legal exceptionalism resides primarily in its experience with Marxist jurisprudence rather than with its own indigenous traditions.
Abstract
This essay considers the argument that Chinese legal exceptionalism with regard to its use of the death penalty derives from China's Marxist/Maoist rather than its imperial history. Starting from the premise that capital punishment is the purest expression of state sovereignty under any political constitution, the essay inquires first into the general relationship between the state and punishment, then into that relationship as it is represented in the legal rhetoric of imperial law during the Ming dynasty. Reflections on some of the dynamics of debates over appropriate penalties a century ago as well as today lead to the conclusion that, despite the extensive reliance on the death penalty in earlier times, China's legal exceptionalism resides primarily in its experience with Marxist jurisprudence rather than with its own indigenous traditions.
참고문헌 (15)
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