The Founding Fathers had it Right about the Death Penalty

September 27, 2010

Moans and groans abound in the West about the hidden numbers behind China’s death penalties. 

I’m often baffled how anyone who claims to be a caring person could fight to keep murderers, drug dealers, child molesters and rapists from getting a swift death penalty.

The Death Penalty Information Center says that when the Constitution was written, the time between sentencing and execution could be measured in days or weeks (as it is in China today).

Today, the typical death row inmate in America spends a decade awaiting execution. Some have been on death row for over 20 years. In California, keeping him or her alive that long would cost about one million and that does not include court costs. The only ones who win are the lawyers.

I read a post at error bank.com that offers concerns about the death penalty.

One issue raised was of innocent people found guilty in court then years or decades later, he or she is found innocent but by then it is too late. However, I’m sure more criminal types are executed than innocent victims. Many times, the so-called innocent victim was also a career criminal with a long arrest record.

As for the cost, Amnesty USA, while arguing against the death penalty, makes a case to return to the time of the U.S. Founding Fathers.

Amnesty said that in Kansas the cost of a death penalty case was 70% higher than the cost of comparable non-death penalty cases. 

However, Amnesty doesn’t mention that it costs more because of all the appeals that drag cases out for years.

The median cost for a death penalty case in Kansas was $1.26 million.

In Maryland, a death penalty case costs 3 times as much as Kansas, and in California, it costs $11.5 million for each case.

K.D. Koratsky touched on this topic in Living With Evolution. On page 182, he says this of career criminals, “Over time, by consistently eliminating those who could not get along with others, populations were eventually left largely with the genes that promoted non-kin biocultural coevolution. … nations with the strict codes of law enforced by strong state apparatuses (like China) tended to prosper over others, all else being equal.”

Although a few innocents might die, China may be getting it right be ridding its population of serious criminal types who reproduce leading to more violent crimes by his or her progeny.

Murder of “innocent” people is cruel and inhuman!

Rape is cruel and inhuman!

Child molesters are cruel and inhuman!

Selling hard, illegal drugs for profit is cruel and inhuman!

Destroying lives for profit is also cruel and inhuman!

See Cultural Differences and China’s Changing Legal System

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Lloyd Lofthouse is the award-winning author of the concubine saga, My Splendid Concubine & Our Hart. When you love a Chinese woman, you marry her family and culture too. 

If you want to subscribe to iLook China, there is a “Subscribe” button at the top of the screen in the menu bar.

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Posted by Lloyd Lofthouse

SONG DYNASTY (960 – 1279 AD) – Part 2/6

September 27, 2010

I’ve read many criticisms that the Chinese today cannot innovate without the level of freedom that exists in America and other Western republics and democracies.

If that were true, explain how the Chinese were so far ahead of the West for two thousand years while being ruled by autocratic, imperial governments where the law was often swift and harsh under legalism.

For example, during the Song Dynasty in 1092 AD, Su Song was the inventor of a hydraulic water powered astronomical clock tower. He was also known as a statesman, calligrapher and botanist.

In addition, fifteen hundred years ago, famous mathematician Zu Chongzhi calculated that the approximate value of pie was 3.1415926.

It would take a thousand years for a foreigner to break that record. In fact, China led the world in astronomy for more than a thousand years.

The world’s largest and earliest star chart is carved on a stele in Suzhou, Jiangsu province. Today’s astronomers find it incredible because it is so accurate and detailed.

During the Song Dynasty, a calendar was created that was as accurate as the Gregorian calendar used today—four centuries before the Gregorian calendar.

During the Song Dynasty, a new type of canal lock was invented. Four hundred years later in 1373 AD, a similar lock was invented in Europe.

Astronomical observations were used to help agriculture. Due to this, the Song Dynasty grain yield was ten to twenty times that of Medieval Europe.

Return to the Song Dynasty – Part 1

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Lloyd Lofthouse is the award-winning author of the concubine saga, My Splendid Concubine & Our Hart. When you love a Chinese woman, you marry her family and culture too. 

If you want to subscribe to iLook China, there is a “Subscribe” button at the top of the screen in the menu bar.

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Posted by Lloyd Lofthouse

Cultural Differences and China’s Changing Laws

September 27, 2010

A colleague and friend sent me a link to a post about a Chinese blind activist lawyer released from prison. Isolda Morillo, for the Associated Press, wrote the post that appeared on CBS.com.

Chen Guangcheng was the blind lawyer. In 2006, he was sent to jail after documenting forced late-term abortions and sterilizations and other abuses in his rural east China community.

Morillo wrote that Guangcheng was an “inspirational figure to others in China”.

According to the AP reporter, Guangcheng is under house arrest and, along with his family, is watched closely.  The piece points out how horrible he was treated by Chinese authorities.

One fact stood out, “He expanded his activism after hearing complaints from people living in nearby villages that family planning officials were forcing women to have late-term abortions and sterilizations to enforce the government’s one-child policy.”

I’m sure there will be people who will see me supporting China’s government when I do not condemn China for how Guangcheng was treated.

With more than 1.3 billion people and only 16% of the land capable of growing food crops and a looming shortage of fresh water, China is facing a possible melt down in a few decades that could dismantle all the progress made since the 1982 Constitution.

To understand China better, it would help to learn that China’s legal system is reinventing itself.

Up until 1911 when the Qing Dynasty collapsed, Chinese law leaned heavily toward Legalism influenced by Confucianism.

Near the end of the Qing Dynasty, efforts were made to reform the law by mainly importing German codes with slight modifications.

After 1911, the Nationalists continued this effort. When Mao and the Communists came to power in 1949, the ranks of intellectuals and legal professionals was devastated during the purges. A Soviet-style legal system was then adopted but that system suffered due to political turmoil that ended with the Cultural Revolution.

It wouldn’t be until 1982, that the idea of individual rights would reemerge as a signify influence on Chinese Law. Even then, business law developed much faster than civil law, which is the laws of a state or nation that deals with the rights of private citizens.

In an interview with James Zimmerman, about China’s Changing Legal System, Megan Rhodes wrote, “China is transforming its legal system at an amazing rate.” 

When Rhodes asked Zimmerman if foreign law has influenced Chinese law, he answered “Yes, absolutely.”

At the end of the interview, Zimmerman says, “China is going through remarkable times, and should be proud of its ongoing judicial and legislative reforms. It has developed—and continues to develop—a legal system from scratch in just over 30 years.”

American law also evolved and reading Law and History: The Evolution of the American Legal System might give you a better understanding of what is going on in China. 

In 1783, America signed a peace treaty with the British Empire and the U.S. officially became a nation state. However, slavery wouldn’t be abolished for eighty-two years in 1865, after the bloody American Civil War.

In addition, women in America even after the Civil War, were still second-class citizens. Source: Women’s history in America

Forms of child labor, including indentured servitude and child slavery, have existed throughout American History. In fact, it wasn’t until 1938 that the US had, for the first time, Federal regulations for minimum ages of employment and hours of work for children. Source: Child Labor in U.S. History

Then Congress passed the Civil Rights Act in 1964 and the Voting Rights Act in 1965.

China has had about thirty years to change since 1982 while America took 182 years to cover the same ground. However, there may be another reason why the American media and so many Americans condemn China so often, and that can be explained by the history of Discrimination Against the Chinese in America. Maybe that discrimination is not dead yet.

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Lloyd Lofthouse is the award-winning author of the concubine saga, My Splendid Concubine & Our Hart. When you love a Chinese woman, you marry her family and culture too. 

If you want to subscribe to iLook China, there is a “Subscribe” button at the top of the screen in the menu bar.

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China’s Long History with Burma/Myanmar – Part 4/4

September 26, 2010

Enough said about The Economist, Christianity and differences between democracies and republics.

Back to the long history between China and Burma/Myanmar, which starts during the Han Dynasty.

Due to deposits of jade in Burma/Myanmar and that region, Chinese merchants have been involved in mining and trade there for more than two thousand years. 

Then during the Qing Dynasty, there were four major invasions (1765-1769) of Burma. In 1784, the long struggle between Burma and China ended and regular trade began again.

In November 1885, Sir Robert Hart favored a proposal that China, as Burma’s overlord, stand aside and allow the British Empire to pursue her own course there provided that Britain allow Burma to continue her decennial tribute (once every ten years) missions to China. Source: The I. G. In Peking, Letters of Robert Hart, Chinese Maritime Customs 1868-1907, The Belknap Press of Harvard University Press, page 614, 1975.

Then the British Empire made Burma a province of India in 1886.

Since independence from the British Empire, Burma has generally been impartial to world affairs but was one of the first countries to recognize Israel and the People’s Republic of China.

Territories such as the autonomous regions of Tibet, Xinjiang and countries like North Korea, Manchuria, Mongolia, Burma, Vietnam and others along China’s long borders were considered vassal states, which often sent lavish gifts and delegations to China’s Emperors as Sir Robert Hart wrote that Burma did every ten years.

See The Sino-Vietnam War of 1979 or return to China’s Long History with Burma/Myanmar – Part 3

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Lloyd Lofthouse is the award-winning author of the concubine saga, My Splendid Concubine & Our Hart. When you love a Chinese woman, you marry her family and culture too. 

If you want to subscribe to iLook China, there is a “Subscribe” button at the top of the screen in the menu bar.

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Posted by Lloyd Lofthouse

SONG DYNASTY (960 – 1279 A.D.) – Part 1/6

September 26, 2010

Fifty-three years after the Tang Dynasty collapsed, Zhao Kuangyin, a general in the latter Zhou Dynasty (951-960) led a mutiny resulting in the Song Dynasty being established in Kaifeng City, Henan Province that would survive for 319 years.

During the Song Dynasty, China experienced developments in science and technology.

For example, the four great inventions of China were developed during the Song Dynasty—paper, printing, the compass and gunpowder

The Song Dynasty is considered a great period in ancient China and a continuation of what took place during the Tang Dynasty.

A striking feature of Song politics was the way greater importance was attached to civil administration than to military arts.

Under such circumstances, education, merit, and talent were encouraged and the imperial examination system was improved.

Astronomy was also an area where advances were made.

In July 1054, an unknown nova appeared in the sky. The sudden appearance of this nova alarmed the bureau of astronomy. A year later, the star vanished.

The nova was important because astronomers discovered the Crab Nebula near Taurus and careful records were kept during the Song Dynasty that benefits science today.

By the year 1072, Shen Kuo had been appointed head of the bureau of astronomy, and he took charge of the design of astronomical instruments leading to further scientific advances in this field

See the Tang Dynasty

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Lloyd Lofthouse is the award-winning author of The Concubine Saga. When you love a Chinese woman, you marry her family and culture too. This is the love story Sir Robert Hart did not want the world to discover.

To subscribe to “iLook China”, look for the “Subscribe” button at the top of the screen in the menu bar, click on it then follow directions.

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