Legal Systems Very Different 。The Idea All societies face about the same problems They solve them in an interesting variety of different ways And they are all grownups So try to make sense of how each legal system worked 。Some of the systems Imperial China:2000 years Periclean Athens:The Legal System of a Mad Economist Saga Period Iceland:Kill someone,his relatives sue you Islamic Law:Separation of law and state Jewish law:When God is the legislator,what if He gets it wrong? 18th Century England:Our legal system without police or public prosecutors Romani:The rest of the human race as environment,not people Amish:Anarchists.Very rule centered anarchists. Pirate ships as democracies In defense of prison gangs
Legal Systems Very Different • The Idea • All societies face about the same problems • They solve them in an interesting variety of different ways • And they are all grownups • So try to make sense of how each legal system worked • Some of the systems • Imperial China: 2000 years • Periclean Athens: The Legal System of a Mad Economist • Saga Period Iceland: Kill someone, his relatives sue you • Islamic Law: Separation of law and state • Jewish law: When God is the legislator, what if He gets it wrong? • 18th Century England: Our legal system without police or public prosecutors • Romani: The rest of the human race as environment, not people • Amish: Anarchists. Very rule centered anarchists. • Pirate ships as democracies • In defense of prison gangs
Imperial China:I As viewed from above,a pure criminal legal system As viewed from below,tort law masquerading as criminal law In addition to important stuff,there are minor matters Loans,land,marriage,and inheritance. I charge you with not paying back the loan The magistrate schedules a court date,comments on the case I then bargain with you,you pay back the loan We humbly ask the magistrate to cancel the court date The magistrate,being a busy man,agrees If we don't reach agreement,the trial is held,the magistrate tells you to pay If you do,he generously cancels the punishment for your offense
Imperial China: I • As viewed from above, a pure criminal legal system • As viewed from below, tort law masquerading as criminal law • In addition to important stuff, there are minor matters • Loans, land, marriage, and inheritance. • I charge you with not paying back the loan • The magistrate schedules a court date, comments on the case • I then bargain with you, you pay back the loan • We humbly ask the magistrate to cancel the court date • The magistrate, being a busy man, agrees • If we don’t reach agreement, the trial is held, the magistrate tells you to pay • If you do, he generously cancels the punishment for your offense
Imperial China:II Law and the extended family All relatives are senior or junior to each other,and within some degree of relationship Any offense by senior or junior,the penalty is scaled down By junior to senior,the penalty is scaled up Accusing a senior relative within two degrees of a crime is a criminal offense ·Even if he is guilty ·What is going on? They are ruling several hundred million people with a tiny bureaucracy Part of the trick is to subcontract the job to other authority structures Of which the extended family is the most important So the rules reinforce that authority structure The ability to report crimes by seniors would give juniors power over them ·So is blocked
Imperial China: II • Law and the extended family • All relatives are senior or junior to each other, and within some degree of relationship • Any offense by senior or junior, the penalty is scaled down • By junior to senior, the penalty is scaled up • Accusing a senior relative within two degrees of a crime is a criminal offense • Even if he is guilty • What is going on? • They are ruling several hundred million people with a tiny bureaucracy • Part of the trick is to subcontract the job to other authority structures • Of which the extended family is the most important • So the rules reinforce that authority structure • The ability to report crimes by seniors would give juniors power over them • So is blocked
Imperial China lll:The Examination System Officials are selected by a ferociously competitive examination system The exam was testing things mostly irrelevant to the job Knowledge of the Confucian classics and historical literature Calligraphy and ability to write poetry and essays in a particular style Why have the smartest people spend a decade or two studying this stuff? A test of IQ and willingness to work hard? ·Indoctrination Is our emphasis on a college education a modern equivalent?
Imperial China III: The Examination System • Officials are selected by a ferociously competitive examination system • The exam was testing things mostly irrelevant to the job • Knowledge of the Confucian classics and historical literature • Calligraphy and ability to write poetry and essays in a particular style • Why have the smartest people spend a decade or two studying this stuff? • A test of IQ and willingness to work hard? • Indoctrination • Is our emphasis on a college education a modern equivalent?
Periclean Athens ·Athenian democracy All officials,except generals,were chosen by lot A government of amateurs The Athenian population Perhaps half were slaves Some more were metics-resident aliens,often for many generations The rest were citizens ·The court system Trial by very large juries Privately prosecuted What was the incentive to prosecute? For the equivalent of criminal law,a successful prosecutor usually got a cut of the fine For the equivalent of a tort prosecution,as in our system the winner collected a damage payment
Periclean Athens • Athenian democracy • All officials, except generals, were chosen by lot • A government of amateurs • The Athenian population • Perhaps half were slaves • Some more were metics—resident aliens, often for many generations • The rest were citizens • The court system • Trial by very large juries • Privately prosecuted • What was the incentive to prosecute? • For the equivalent of criminal law, a successful prosecutor usually got a cut of the fine • For the equivalent of a tort prosecution, as in our system the winner collected a damage payment