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Mahabirian Project

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Rithik Aggarwal

on 3 March 2015

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Transcript of Mahabirian Project

Earliest attempt at a law system
First form of writing still in existence from Romans
Set the stage for all Roman Laws
Each table addressed a different issue (Crystal)
Stability, vision
Rome vs. Han Dynasty- Law and Legal System
Rithik Aggarwal and Natalie Albaran
Changing Qin Dynasty Laws
Each office - at least two members
Tenure - one year
Quaestor (Halsall)
Roman Republic - Executive Branch
100-300 members from Patrician class
Only body that could have long tenure
Advised king
"Backbone" of republic
Roman Republic - Senate
Influence of the concept of 'yin- yang' in criminal law (Mühlhahn)
shows the government to be intellectual and showing good judgement- making sure the punishments for crimes weren't fair.
Criminal Law
The Mahabirian Analysis of the Law and Legal System of the Roman Empire and Republic, and the Han Dynasty
Confucian Infusion
Moral virtue ("The Han Dynasty Is Established: 206 bce")
Provided stability to the government, making them able to get people who could truly benefit the dynasty into power- showing their vision of the future of it [the gov't].
Final Recommendation: Rome
Han had a lack of leadership and emphasis on the legal system. Though it wasn't as oppressive as the Qin Dynasty, it didn't let people have the freedom that the legal system of Ancient Rome did.
Rome had a code of law that was more flexible/more accommodating than the Han
Rome was more 'open minded' to other ideas- Han was very closed minded and wasn't open to other influences
Han was more punishing whereas Rome was more fair and more neutral in handling legal matters
Rome represented more of its people in legal matters. The people of the Han were less represented, and most of the power was with the emperor
Rome - The Twelve Tables
A legal system is...
a system that enforces and interprets laws and policies
Han Dynasty
Changing the Qin Dynasty's laws
Criminal Law
Confucian Infusion
Reliability/ Analysis of Sources
Mühlhahn (Klaus)- Professor for Contemporary Chinese and Asian History, Department of Contemporary History at University of Turku, Finland; Chinese Language Proficiency Test, Taiwan Normal University; Doctorate of Philosophy, FU Berlin
Analysis of Sources
Analysis of Sources
Jiang- A teacher of Chinese and Asian History at the University of Minnesota
Slavicek- reliable because the author (slavicek) is a trusted author with a degree in history from the University of Connecticut
"The Han Dynasty Is..." was published by Gale and edited by Jennifer Stock, who has two degrees in English from Central Michigan University
Mühlhahn (Klaus)- Professor for Contemporary Chinese and Asian History, Department of Contemporary History at University of Turku, Finland; Chinese Language Proficiency Test, Taiwan Normal University; Doctorate of Philosophy, FU Berlin
Definition of Terms
Sense of Community
Analysis of Sources
Crystal- This source is reliable because the author is educated in the field of history and has been featured on the history channel for her work on this subject. This source is useful because it tells us about the Twelve Tables which set the stage for Roman law.
Halsall - This source is reliable because the other received a PhD at Fordham University in New York in the subject of history. This source is useful because it tells us about the legal system in the Roman Empire and the law and legal system in the Roman Republic
Cartwright - This source is authoritative because the author has studied in history, mostly that which pertains to Europe. THis source is useful because it goes in depth and describes the law in the Roman Republic
Candidates take the Test at national schools of Confucianism
Final Recommendation:
Roman Republic - Legislative Branch
Curiate Assembly (least important)
Curiae endowed magistrates with imperium
Oversaw religious affairs
Centuriate Assembly (most important)
Declared war
Passed laws
"High court" for big cases
Tribal assembly
Passed laws
Eventually created laws
Roman Empire - Governing
Emperor - chief administrator
Power was personal
Universal patron
Many people fought for emperors attention and higher positions in government
Senators elected w/ loyal service
Specialized in governance and military
Loyal more often than not
Roman Empire - Law

Primary Source (Jennings)
Exact form of actions - consequences
Not intention
Allowed flexibility
Emperor was the "high court"
Whatever pleases him is the law
Following Gaozu's example (Jiang)
Shows intellect on the part of the law because instilling these laws caused the economy to expand, resulting in the expansion of the state treasury.
Confucianism as the national ideology (Slavicek)
Establishing a sense of community- made people under one 'umbrella' of belief- Confucianism, and a vision on the part of Wudi- he wanted to create unified China, and he did what he had to do to obtain one.
System of Punishments and a bit of Legalism (Mühlhahn)
with less stress on the legal system, it seems like the dynasty be less stable with the possibility of turmoil higher than if there was more emphasis on it (the legal system)
Gaozu abolished the harsh laws of the Qin Dynasty (Jiang)
Brought stability and a sense of community [even though not for the best reason] of people who loved their new leader and all shared the mutual hate for the laws of the Qin dynasty and its leader
Analysis of Primary Source
The photo of the Twelve Tables is authoritative because it is a photograph of the original set of Laws that the Romans used before the Republic or the empire. It is useful because it tells us how the Romans set the stage for the rest of their legacy in the field of law.

Roman Republic - Law
Followed the same values as the Twelve Tables
Always changing
Trying to find the right laws
Different decrees, statutes, etc. passed
Considered to be one of the best things about Roman law
Same morals could be upheld
Different issues that needed to be addressed could have been (Cartwright)
The Twelve Tables

Roman Republic

Roman Empire
Full transcript