POLI 113A Final Essay - Brock 1 Alexis Brock Professor Magagna POLI 113A December 3rd 2018 Prompt 2 East Asian Law East Asia is a strong country

POLI 113A Final Essay - Brock 1 Alexis Brock Professor...

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Unformatted text preview: Brock 1 Alexis Brock Professor Magagna POLI 113A December 3rd, 2018 Prompt 2: East Asian Law East Asia is a strong country when it comes to handling and maintaining power dynamics. It is critical to obey certain rules in the legal system which is critical for many other countries as well. However, what is so interesting is that the Eastern Asia was of legal systems can be very different from the Western legal systems due to the Confucian traditions. As Professor Magagna stated in Lecture, “This focus on Law and justice and reconciliation.” East Asia is very well known for their economic prosperities and accomplishments. Yet we spend little to no time learning about their legal system. However, Professor Magagna luckily gave us, the students, a full lecture on the legal system in East Asia and how it differs from Western Law. East Asia is a country of tradition and this way of thinking about law differs greatly from western democracy. Confucian Law is better known as “Reconciliation” (Magagna). As it follows many rules like The Principle of Justice, the rule of litigation, what occurs during litigation as evidence, and rules of procedure. This can be very different from the Western Tradition of Law as they follow the principle of justice, law as restitution, fair cooperation, individuals dispute rights, rules of procedure and proving innocence or guiltiness. This major difference between these two legal systems are the fairness and flexibility. Western Law is far from East Asia Law in which I believe East Asian law is stricter. Western Law does prove Justice but there is so much room for error. East Asian Law is very black and white, you commit a crime, you are in jail for life. Maybe not Brock 2 to that extreme but sure explains why the criminal rates in East Asia are so much smaller than that of western countries. After further research, Eat Asia is one of the safest countries in the world. Talk about a country that has control over their people and is very effective. It is clear why East Asia is taken so seriously in international relations, we should have so much respect for them and their tradition ways of thinking. East Asia’s effective legal system applies rules based on imperial legal codes and customary rules and moral teaching. Since Western countries focus so hard on adapting to new times and changing with society, it is clear why these western countries are so dangerous and have higher criminal rates. East Asia leads by example. For example, East Asia’s legal system, sets rules that elicit truth and teach lessons that correct litigants moral behavior. This is heavily influenced by the Action China took in 1834, the case of Widow Wang. The Widow claimed customary subsistence from in-laws, the in-laws expelled the widow, and the widow then sues. The trial was held in Magistrates Court. The widow had the chance to mediate but refused. The rule of litigation is to restore the family through reconciliation of the partner. These ways if teaching is incorporated by the Qing Dynasty in the 1800’s. In China, you can protest against the government butt then are basically sentenced to life. For example, Confucianism is so followed and honored that I truly believe the people in East Asia the governments and societies respect it so much that they forbid to go against the teaching and beliefs since the punishment is so harsh. East Asia’s legal system relies heavily on mediation and resolving disputes before they bring the law in. The legal system in East Asia more or less acts like a last resort. This Confucian way of thinking is a major reason as to why East Asia consists of the safest countries in the world. Society is so willing to devote their life to believing Brock 3 and following Confucian ways that are terrified of going against them. I strongly believe that Confucianism supports the people of East Asia so effectively, a legal system is simply pointless. These people have uh more beliefs and culture in their everyday lives with shows a huge difference from western culture and legal systems in which law is the first part and mediation is only thought of between divorce cases. The United States was founded on Christianity and we have been give the freedoms and liberties to life a free life with any religion and we are so thankful to be given that chance. For China a communist country, does not name any one religion to be the dominant one but there are very strong beliefs in which people and communities follow. It is often thought that countries that have ancient or tradition legal and government systems will start to adapt to western influence over time. That is not exactly the case of a country like East Asia. In order to fully understand the legal system and behaviors from East Asian governments, it is important to know the history behind East Asia. One would also think that East Asia, having the largest population on the planet would be hard to govern and protect all its citizens in its borders. Yet this is actually only benefiting their economy but they truly don’t have a real legal system. They rely heavily on the Confucian way of thinking and believing and expect their citizens to follow and lead by this dominant way of thinking. There is not an option to go straight to court or jail unless it is a heavy crime like protest or murder. East Asia expects their citizens to respect and live a non-harmful life and promote good behavior as this is one of the safest places to live. East Asia follows a peace and harmony on earth lifestyle rather than a hard power or punishment legal system. The most important take away from researching and learning about the legal system in East Asia is the amount of respect and expectations the government holds over its citizens. Being Brock 4 in a communist state or not, these governments work to mediate certain situations before getting the legal system involved. Comparing this action to that of Western legal systems in very different. Western culture has not influenced East Asia in terms of always involving the legal system in a situation. A common misconception I had before beginning this essay was the legal system and how it works in East Asia in comparison to the United States. East Asia may be very strict when it comes to overthrowing a government or even protesting against one because they are afraid like any other government to lose power. For a crime like protesting, East Asia legal system might sentence that person to death which is a harsh punishment. However, this shows a government that has no tolerant for misconception or disrespect and for that, I respect. Whereas in the United States we have the freedom to protest and voice our own opinion which is free and not illegal yet as soon as we include violence, we are sent to court or prison. Maybe the United States should adapt more East Asian politics and legal codes so that they can be respected at the highest level. This course has taught me a great deal on East Asia’s political system, societies, and legal system. This country should be so respected by international people because these communities and government put so much faith in their societies that they have high expectations they legal system will not have to get involved. I choose this topic to write about since I did not know much about the legal system in East Asia. I love learning about the law and how it differs from country to country and my findings and understandings in this class, POLI 113A have given me the knowledge and understanding of the difference amongst the western legal system and the one in East Asia. I am surprised by the fact that East Asian countries rely more on the Confucian system and assuming that this will take care of the behaviors of others. Which to my surprise it does. It does a very great job of doing just that. I learned beyond what I thought I would from Brock 5 this class and must admit I learned more from taking this class than I have in three years in Political Science courses. East Asia is a territory that really interested me and being able to learn more about how their government and legal system works to accommodate citizens makes me even more interesting in this region. Brock Works Cited Magagna, Victor. POLI 113A: East Asian Thought in Comparative Perspective. University of California, San Diego. Fall Quarter 2018 6 ...
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