Chinese law is one of the oldest legal traditions in the world. The core of modern Chinese law is based on Germanic-style civil law, socialist law, traditional Chinese approaches. For most of the history of China, its legal system has been based on the Confucian philosophy of social control through moral education, as well as the Legalist emphasis on codified law and criminal sanction. Following the Xinhai Revolution, the Republic of China adopted a Western-style legal code in the civil law tradition; the establishment of the People's Republic of China in 1949 brought with it a more Soviet-influenced system of socialist law. However, earlier traditions from Chinese history have retained their influence. Law in the People's Republic of China is undergoing gradual reform, as many elements inside and outside the country emphasize the need to strengthen the rule of law in China, international trade and globalization spur transformations in various areas of Chinese domestic law; the word for law in classical Chinese was fǎ.
The Chinese character for fǎ denotes a meaning of "fair", "straight" and "just", derived from its water radical. It carries the sense of "standard and model". Derk Bodde and Clarence Morris held that the concept of fǎ had an association with yì. Yan Fu, in his Chinese translation of Montesquieu's De l'esprit des lois published in 1913, warned his readers about the difference between the Chinese fǎ and Western law: "The word'law' in Western languages has four different interpretations in Chinese as in lǐ, lǐ, fǎ and zhì. A term which preceded fǎ was xíng, which probably referred to decapitation. Xíng evolved to be a general term for laws that related to criminal punishment; the early history Shang Shu recorded the earliest forms of the "five penalties": tattooing, castration and death. Once written law came into existence, the meaning of xíng was extended to include not only punishments but any state prohibitions whose violation would result in punishments. In modern times, xíng denotes criminal law.
An example of the classical use of xíng is Xíng Bù for the legal or justice department in imperial China. The two major Chinese philosophical schools discussed below and Legalism influenced the idea of law in China. Under Confucianism, the state should lead the people with virtue and thus create a sense of shame which will prevent bad conduct. Under Legalism, law is to be publicly promulgated standards of conduct backed by state coercion; the tension between these two systems is that Confucianism relies on tradition to make the leader the head of household of all China, while Legalism makes standard law that the emperor should be bound by. The common factor is that both endorse to different degrees a paternalistic conception of the state, which knows better than its citizens and makes laws to protect them; this concept persisted throughout the imperial period, into the republican period, can still be seen acting today. Unlike many other major civilizations where written law was held in honor and attributed to divine origin, law in early China was viewed in purely secular terms, its initial appearance was greeted with hostility by Confucian thinkers as indicative of a serious moral decline, a violation of human morality, a disturbance of the total cosmic order.
The people's awareness and acceptance of ethical norms was shaped far more by the pervasive influence of custom and usage of property and by inculcating moral precepts than by any formally enacted system of law. Early emperors however embraced the Legalist ideal as a way of exerting control over their large and growing territory and population; this process was integrated with traditional Chinese beliefs in the cosmic order, holding that correct behavior was behavior consonant with the appropriate responses set by fǎ. Xíng states the potential costs to the individual of exceeding them and imposes penalties for these actions; the imperial period was characterized by the concept of law as serving the state, a means of exerting control over the citizenry. In the late Qing dynasty there were efforts to reform the law codes by importing German codes with slight modifications; this effort continued and was amplified in the republican period resulting in the Provisional Constitution of 1912 which included the idea of equality under the law, rights for women, broader rights for citizens vis-à-vis the government.
The onset of the communist period at first rolled back the development of individual rights with the primary concept of law returning to that of a tool of the state. After the Cultural Revolution devastated the ranks of intellectuals and legal professionals, it took until 1982 for the idea of individual rights to reemerge as a significant influence on Chinese law; the current constitution, created in 1982, states in Article V that no organization or individual is above the law and in Article III makes the People’s Congresses and state administration responsible to the people, paving the way for efforts to allow enforcement of individual rights. Passage of the Administrative Litigation Law of 1987 created legal recourse for individuals from arbitrary government action, an avenue unavailable. Despite the deep-seated norm against legal proceedings, litigation in the Chinese courts has increased especially in recent years; the continuing weakness of courts resulting from their dependence on the local government for financial support and enforcement undermines the effectiveness of these remedies but this has begun to
The First Mohmand campaign was a British military campaign against the Mohmands from 1897 to 1898. The Mohmands are a Pashtun tribe who inhabit the hilly country to the north-west of Peshawar, in the North-West Frontier Province of India, now Pakistan. British punitive expeditions had been sent against the Mohmands in 1851–1852, 1854, 1864, 1879, 1880, but the principal operations were those of 1897–1898; the year 1897 witnessed an general outbreak among the tribes on the north-west frontier of India. The tribes involved were independent, but the new frontier arranged with the amir of Afghanistan, demarcated by Sir Mortimer Durand's commission of 1893–1894, brought them within the British sphere of influence; the fear of these tribes was annexation, the hostility shown during the demarcation led to the Waziri expedition of 1894. Other causes, contributed to bring about the outbreak of 1897; the easy victory of the Turks over the Greeks in the Greco-Turkish War gave rise to excitement throughout the Muslim world, the publication by the amir of Afghanistan, in his assumed capacity of king of Islam, of a religious work, in portions of which fanatical antipathy to Christians was thinly veiled, aroused a militant spirit among the border Mahommedans.
The growing unrest was not recognized, all appeared quiet, when, on 10 June 1897, a detachment of Indian troops escorting a British frontier officer was attacked during the mid-day halt in the Tochi Valley, since the Waziri expedition of 1894-95, certain armed posts had been retained by the government of India. On 29 July, with equal suddenness, the fortified posts at Chakdara and Malakand, in the Swat valley, held since the Chitral expedition of 1895, were for several days fiercely assailed by the peaceful Swatis under the leadership of the Mad Mullah in the Siege of Malakand. On 8 August the village of Shabkadar, within a few miles of Peshawar, in British territory, was raided by the Mohmands, while the Afridis besieged the fortified posts on the Samana ridge, maintained since the expeditions of 1888 and 1891; the Afridis, within a few days, captured all the British posts in the Khyber Pass. The Malakand Field Force commanded by Major-General Sir Bindon Blood was assembled at Nowshera; the post at Malakand was reached on 1 August, on the following day Chakdara was relieved.
The punishment of the Afridis was deferred till the preparations for the Tirah campaign could be completed. The Mohmands, could be dealt with, against them the two brigades of Sir Bindon Blood's division advanced from Malakand with the movement of another division under Major-General Edmond Elles from Peshawar. About 6 September the two forces advanced, Major-General Blood reached Nawagai on 14 September, having detached a brigade to cross the Rambat Pass; this brigade being attacked in camp at Markhanai at the foot of the pass on the night of the 14th, was ordered to turn northwards and punish the tribesmen of the Mamund valley. On the 15th Brigadier-General Jeffreys camped at Inayat Killa, on the following day he moved up the Mamund valley in three columns, which met with strong resistance. A retirement was ordered, the tribesmen following, when darkness fell the general, with a battery and a small escort, was cut off, with difficulty defended some buildings until relieved; the casualties in this action numbered 149.
This partial reverse placed General Blood in a position of some difficulty. He determined, however, to remain at Nawagai, awaiting the arrival of General Elles, sent orders to General Jeffreys to prosecute the operations in the Mamund valley. From 18 to 23 September these operations were carried on several villages being burned, the Mamunds were disheartened. Meanwhile, the camp at Nawagai was attacked on the night of the 20th by about 4,000 men belonging to the Hadda Mullah's following; the attack was repulsed with loss, on the 21st Generals Blood and Elles met at Lakarai. The junction having been effected, the latter, in accordance with the scheme, advanced to deal with the Upper Mohmands in the Jarobi and Koda Khel valleys, they were soon brought to reason by his well-conducted operations; the work of the Peshawar division was now accomplished, it returned to take part in the Tirah campaign. Its total casualties were about 30 wounded. On the 22nd General Blood joined General Jeffreys, on the 24th he started with his staff for Panjkora.
On the 27th General Jeffreys resumed punitive operations in the Mamund valley, destroying numerous villages. On the 30th he encountered strong opposition at Agrah, had 61 casualties. On 2 October General Blood arrived at Inayat Killa with reinforcements, on the 5th the Mamunds tendered their submission; the total British loss in the Mamund valley was 282 out of a force. After marching into Buner, revisiting the scenes of the Umbeyla campaign of 1863, the Malakand field-force was broken up on the 21st of January; the objects of the expedition were attained, in spite of the great natural difficulties of the country. The employment of imperial service troops with the Peshawar column marked a new departure in frontier campaigns. Winston Churchill accompanied the expedition as a second lieutenant and war correspondent, wrote his first non-fiction book on it, The Story of the Malakand Field Force. Second Mohmand campaign
Jadzia Dax, played by Terry Farrell, is a fictional character from the science fiction television series Star Trek: Deep Space Nine. Jadzia Dax is a joined Trill. Though she appears to be a young woman, Jadzia lives in symbiosis with a wise and long-lived creature, known as a symbiont, named Dax; the two share a single, conscious mind, her personality is a blending of the characteristics of both the host and the symbiont. As such, Jadzia has access to all the memories of the symbiont's seven previous hosts. Jadzia holds academic degrees in exobiology, zoology and exoarchaeology, all of which she earned before the joining. Jadzia Dax is the station's chief science officer, is close friends with commander Benjamin Sisko and Bajoran first officer Kira Nerys. In the series, she becomes involved with the Klingon character Worf, they marry during the sixth season of the show, her character is killed by Gul Dukat during the sixth-season finale. The character of Dax re-emerges in the seventh-season premiere in the form of Ezri Dax.
When selecting the characters for Deep Space Nine, the production staff knew that they'd have humans, a changeling. They decided on a Trill, as seen in the form of Odan in the Star Trek: The Next Generation episode "The Host". Although Michael Westmore's alterations to make the Odan headpiece more feminine was as good as all of his work, the writers did not like it. After she had put on the Odan forehead appliance, Rick Berman looked at Terry Farrell and said to Westmore, "What did you do to her head, she used to be beautiful?" Instead of changing species, as they'd come to like the idea of an "old man", a person with centuries of experience to guide Sisko, Westmore suggested to "just give her spots like we gave Famke", who played a Kriosian in TNG: "The Perfect Mate". This make-up was used on all Trill afterwards; when the show began, the writers had difficulty defining the character of Dax. Michael Piller explained, "Having a Trill seemed like a really good idea at the time, but it was the most difficult character for us to define.
Jadzia Dax escaped us. At first we thought she was going to be ethereal, a Grace Kelly/Audrey Hepburn kind of goddess, I think Ira Behr figured it out not until the second season, when he made her a smart-talking, wise-cracking tough cookie." In 2014, Farrell admitted she found the character frustrating. "The writers didn't know what to do with the character they created," saying she was asked to portray the character as a cross between Grace Kelly and Yoda. She was annoyed by a scene written where Dax gossiped about, dating whom on the station, questioning "Why would a 350-year-old person care about who you're going out with?" Pillar explained, "The more we've written her, the more we're finding that she is not what she appears to be. That underneath this placid exterior, there's all these various personalities that she's gone through that are in turmoil and there's a lot of inner conflict. You know all the voices. Ira Behr spoke further on the character, announcing that they had intentionally changed the character by Star Trek: Deep Space Nine.
He said, "We changed Dax in year two. She was going to be the Spock character, the wise old owl, the wise old man, and we realized that she could be the one who's ready to go out and kick anyone's butt, go out and have an adventure and have fun, be kind of witty and mercurial. And that turned out to be great; when we found that part of the character, we just ran with it."Speaking in 2002, Terry Farrell said of playing Dax, "It was a character who had lived seven lifetimes, been a man and a woman. Before I walked in and met everybody, I felt a little bit intimidated about this, I thought'Oh my God, I need to meet them so they're going to tell me what I need to know.' And when I got here and spoke to everyone, they kind of didn't know. And I was twenty-eight, they kind of wanted me to be wiser than my years, just have the physicality of a twenty-eight-year-old, but have a three-hundred-and-fifty-year-old wise person inside me, they tried to find what they wanted in adjusting me here and there, I think what happened was surrender to that it was all new for this Dax, Jadzia Dax, this experience of the seven lifetimes, Michael Piller made the decision that she was trying to come to terms with all of these entities, all of these memories that were inside of herself.
And I think that helped me a lot as an actress to try to assimilate the job, in a lot of ways, made me feel a little lost and uncomfortable as Terry, which got played out as Jadzia, so it was okay that she felt more comfortable, so did I, by the time they decided to make me a little bit more roguish in the second or third season, I felt much more comfortable about the dialogue and the other actors, my lack of stage experience. And when I had to start doing action sequences, work with Michael Dorn, I felt a lot more comfortable. I had my own voice." When asked how she would like Jadzia Dax to be remembered, Terry Farrell said, "wisely mischievous." Following the confirmation of Farrell's departure and plans to kill the character off, Michael Piller wanted to add a couple of lines to Star Trek: Insurrection acknowledging Jadzia's death and the impact it had on Worf. Rick Berman ove