Ancient China & Confucianism PDF

Module 2- Ancient China & Confucianism Preparation KC: Chinese Dynastic History Dynasty From about 8000 BCE: domesticated agriculture Results in: ○ Sedentary settlement ○ Social differentiation ○ Hierarchy Dynastic leaders = kings, emperors ○ Jeroen Duindam...

Module 2- Ancient China & Confucianism Preparation KC: Chinese Dynastic History Dynasty From about 8000 BCE: domesticated agriculture Results in: ○ Sedentary settlement ○ Social differentiation ○ Hierarchy Dynastic leaders = kings, emperors ○ Jeroen Duindam: “kings were presented as standing above function and as safeguarding harmony, both within society and between heaven and earth” Dynasty = ruling family, line of kings or princes Challenges of Empire in China Ever-looming external threat Internal division (Western) Zhou Dynasty Ca. 1100 BCE - 771 BCE Start true ‘legal history’ of China; Confucius: ‘golden age’ Ca. 1000 BCE: Duke of Zhou legitimized his rule through the concept tianming, the ‘mandate of heaven’ = to bring harmony both to the universe  and to society ○ Required close attention to ceremonies and properties Li concept: rules of proper behavior ○ Rituals burial + honoring the dead, blessing of ancestors ○ Duke of Zhou: internal relations among members of aristocracy ○ Confucius (ca. 500 BCE): proper behavior generally, based on place/ status within the family or social/ political system Confucius and the ‘Spring and Autumn Period’ Kung Fuzi or Kungzi = Confucius (latinized) Scholar and administrator in the Lu principality ‘People can be educated; they can be taught virtue; they can learn by example from a virtuous king; a king therefore rule by virtue; setting a moral example by his behavior; and such behavior should rest on precepts and relationships that trace their roots to the Zhou li’ Different rules apply to different persons depending on their status in the family and society and other factors such as time and place: inherently flexible concept ! Law and punishment must be proportional, government by ‘true gentlemen’ KC: Confucianism vs Legalism Confucianism Mengzi (Meng-tzu) or Mencius and Xunzi (Hsun-tzu) develop and modify Cnfucius’ view as recorded in the Analects: ○ (i) stronger emphasis on stratification society by distinction in status ○ (ii) role of punishment in government While Confucius stressed governance by morally straight example, his followers argued that li had to uphold social; relationships of subordination Confucius partly utopian, in part followers influenced by counter-ideology: legalism Legalism Fa = published or positive law posited by an official such as the emperor Legalism (formed 550-230 BCE) ran contrary to Confucian thought: ○ (i) government should rely on law applied equally to all persons  ○ (ii) emphasis on man’s selfish nature: need for punishments ○ (iii) a rule by law was superior to a rule of men Qin Dynasty (221- 206 BCE) Qin Code= harsh, merciless Legalist ideology, population embittered Official outlawing of counter-ideologies, especially Confucianism Prime Minister Li Si initiates policy of ‘burning books and burying scholars alive’ Han Dynasty (202 BCE- 220 CE) Liu Bang, who took the regal name Gazou (202- 195 BCE) after defeating the Qin ⇒ Taoism ○ Tao = the way, mystical philosophy centered on wuwei, ‘action by inaction’ ○ Chinese laissez=faire policy Under the Wudi emperor (141 - 87 BCE), the Silk Road was opened and the Chinese state was greatly expanded ‘Imperial Confucianism’ new official ideology, but within framework written code! Imperial Confucianism Scholar Dong Zhongshu (Tung Chung-shu) unifies existing ideologies: ‘unity was the universal virtue and Confucianism the only way to unified authority’ Bureaucracy: intricate selection through exams of candidates for civil service  Confucianization of Law = Han Code unified archaic concepts (cosmic harmony) with practical state-building ‘Interpret the past to suit the present’: ○ Imperial authority came from heaven, not merely from decreed law ○ Emperor ensures good harvest + people’s welfare by performing rituals Lecture 2 Challenges of Empire in China; Persistent external threat of nomads (nomadics, roam around and aren’t rooted in one area) Internal division; warring states era, when Confucius lived. The central authority started to lose its power. Dynasty; A family or line of rulers, a succession of souvenirs of a country belonging to a single family or tracing their descent to a common ancestor. → related to both ruler and government. China - Dynastic Cycle Mandate of Heaven or tianming First used by the Zhou dynasty (1046-256 BC) Goal = bring harmony both to the universe and society Successful revolt = evidence of transition Outsiders could appropriate system but had to integrate: Yuan (Mongols) and Qing (Manchus) Confucianism & Legalism: The Chinese legal tradition 1. How did the concept of Li evolve over time? 2. What did Confucius regard to be the ideal government? Rule by example, does not believe in strict positive law, but possibly needs some law. In an ideal society we would all rule by example. We would not need a strict system of punishment and criminal law 3. What was the alternative, legalist philosophy? People are greedy, and therefore rules need to be set. A reward system set; if you follow the law, you get rewarded. 4. Explain how the contents of Confucian thought can best be understood from its historical context of dynastic fall and rivalry. 5. Why did the Qin/ Ch’in dynasty embrace the legalist alternative to the older Confucian ideology? Source analysis: Chinese thinking on Law and Governance Selections from the Confucian Analects: On Government [1:5] The Master said, 'In ruling a state of a thousand chariots, one is reverent in the handling of affairs and shows himself to be trustworthy. One is economical in expenditures, loves the people, and uses them only in the proper season.' [2:3] The Master said, 'Lead them by means of regulations and keep order among them through punishments, and the people will evade them and will lack any sense of shame(1). Lead them through moral force (de) and keep order among them through rites (li), and they will have a sense of shame and will also correct themselves. [12:11] Duke Jing of Qi asked Confucius about the government. Confucius replied, "Let the ruler be a ruler; the minister, a minister; the father, a father; the son, a son! 'Excellent, said the duke. 'Truly, if the ruler is not a ruler, the subject is not a subject, the father is not a father, and the son is not a son, though I have grain, will I get to eat it?' Selection from the Mencius: On human nature [2A:6] All human beings have a mind that cannot bear to see the sufferings of others. The ancient kings had a commiserating mind and, accordingly, a commiserating government. Having a commiserating mind, a commiserating government, governing the world was like turning something around on the palm of the hand. [...] From this it may be seen that one who lacks a mind that feels pity and compassion would not be human; one who lacks a mind that feels aversion and shame would not be human; one who lacks a mind that feels modesty and compliance would not be human; and one who lacks a mind that knows right and wrong would not be human. Selection from he Han Feizi: Ch 49- the five vermin  "There was a farmer of Song who tilled the land, and in his field was a stump. One day a rabbit, racing across the field, bumped into the stump, broke its neck, and died. Thereupon the farmer laid aside his plow and took up watch beside the stump, hoping that he would get another rabbit in the same way. But he got no more rabbits, and instead became the laughingstock of Song. Those who think they can take the ways of the ancient kings and use them to govern the people of today all belong in the category of stump-watchers!" [...] "Humaneness may make one shed tears and be reluctant to apply penalties, but law makes it clear that such penalties must be applied. The ancient kings allowed law to be supreme and did not give in to their tearful longings. Hence it is obvious that humaneness cannot be used to achieve order in the state.... " [..] "Hardly ten men of true integrity and good faith can be found today, and yet the offices of the state number in the hundreds. If they must be filled by men of integrity and good faith, then there will never be enough men to go around; and if the offices are left unfilled, then those whose business it is to govern will dwindle in numbers while disorderly men increase. Therefore the way of the enlightened ruler is to unify the laws instead of seeking for wise men, to lay down firm policies instead of longing for men of good faith. Hence his laws never fail him, and there is no felony or deceit among his officials..." Chinese codifications Essentially, crime = punishment for crime, one word for both: zui. Crime is an act that violates established laws Magistrate = examiner, investigator; main task: ○ They identify crime, examine details of cases brought to court, they need to find the nature of the offense, and determine which article from the code covers these circumstances, but the code does not cover everything, so then the closest similar code is used. ○ fix the precise nature of the offense through careful observation ○ Increase or reduce penalty based upon relational position: Degrees of mourning Position in social hierarchy The tang code Li yuan, first Tang emperor as Gaozu 617, re-issues Tang Code, final form in 653. Principles: ○ harmony + balance as roots of proper governance ○ Yin (law, death, social control; dark force) and Yang (ritual, morality education) ○ symbolic representation of 5 elements: ‘oneness of heaven and man’ ○ stressed social status, filial piety, and loyalty to the emperor Imperial Confucianism: Codifications as vehicle for the principle of li The code’s audience is the imperial bureaucracy, not citizens but subjects! 29 May 1397, Meridian Gate, Nanjing Zhu Yuanzhang = Hongwu 1st Ming Emperor: ○ ‘I have the realm and govern it by imitating antiquity. Rituals are manifested to guide the people; law codes are established to retain the waywar. [...] Now the law is codified and promulgated to the capital and local areas, so that the realm will know what to observe. The purpose of punishments is to stop using punishments.’ The Ming Code Great Ming Code (1368-97) as a cosmological instrument to transform human beings All should study the law as a moral textbook → exist harmoniously, eliminate evil, save the world: ○ communicating with the world of spirits ○ structuring and purifying the human realm ○ rectifying ruling elite behavior Law= embodiment of cosmic order, should be: ○ Foundation of government ○ Lenient ○ Simple General principles + 413 articles containing ‘criminal legal norms’ Rule - condition - sanction: Art. 82: In all cases [of household registration], the various households of military people, civilians, post couriers, salt workers, physicians, diviners, artisans, and musicians shall be established according to their [original] registers. For those who deceitfully claim or falsely claim so as to escape and to avoid their heavier obligation and assume [others'] lighter obligation, they shall be punished by 80 strokes of beating with the heavy stick. Often 'incomplete' = implicit norms without rule: Art. 393: In all cases where sons' wives falsely accuse fathers-in-law or where younger brothers' wives falsely accuse husbands' or brothers of fornication by deceit, they shall be punished by decapitation. Mourning degrees impact severity of punishments: Art. 295: In all cases where relatives who do not live together steal goods from each other, for stealing from relatives of mourning for one year [second degree], the penalty shall be reduced five degrees from that for ordinary persons; for relatives of the third degree of mourning, reduce four degrees, [etc]. What should we remember for exam? Not dates Remember big developments in law What are chinese codifications like  Reflective questions on canvas Explain changes of empires in china, how they differ, confucianism etc Module 2: Ancient China & Confucianism Dynasty: A family or line of rulers is a succession of sovereigns of a country belonging to a single family or tracing their descent to a common ancestor. - one in power, a ruler, lord, chief etc. especially a hereditary ruler → related to both ruler and government Dynastic rule arose adminst the agricultural revolution around 8000BCE → results in: sedentary settlement, social differentiation, hierarchy → dynastic leaders: standing between faction and as safeguarding harmony, both within society and between heaven and earth → Zhou Dynasty: can be split into 2 parts: Western Zhou, Eastern Zhou → Qinq Dynasty: after Zhou Dynasty, and were the ones that established the idea of an empire and is 221 B.C. → the first king Emperor established authority over China Challenges of empire in China: → Everlooming external threat: China was very fertile and rich but only its boundaries roamed the nomadic peoples of the Eurasian steppes - they who would raid farmers villages would try to steal goods and people from them. Great wall of china built to protect country from the nomadic like the Manchus, mongols → Internal divisions: little feudal rulers managed to establish their own regional power bases song the yangtze river - difficult to manage if not tightly controlled by Dynasty → warring states era - Confucius lived in this era, this was a danger as the central authority lost power - was possible because China had fertile soil so they could have regional power bases → structural factors: climatological agricultural zones - 2 in China → in south= rice harvest → in north =grain Dynastic cycle: - The mandate of Heaven/ tianming: something that would justify their rule over the people by heaven and earth - you achieve it by being the strongest person that could rule the country. - was first used by the Zhou dynasty  - The cycle: if the ruler is not strong enough to protect the people, then people can rebel against the rulers and could overtake power, and then they had to be legitimised by bringing peace and protect the people in the country, taxes would be reduced, rebuilt infrastructure. - Old dynasty: taxes people too much, stops protecting people, lets infrastructure decay, treats people unfairly - Goal of the Dynasty: has to ensure the balance between heaven and earth is maintained - harmony - Successful revolt = revidence of transition Western Zhou Dynasty: 1100BCE - 771BCE Start of the true ‘legal history’ of China; confucius ‘golden age’ - 1000BCE: Duke of Zhou legitimised his rule though the concept of Hianming - the mandate of heaven = to bring harmony both to the universe and to the society → required close attention to ceremonies and property and social conventions of kingship of chinese society that legitimised the rule → Li concept: rules of proper behavoir → started as a set of burial rituals - honoring the ancestors, blessing the ancestors → Then during duke of Zhou= internal relations among members aristocracy → Confucius (500BCE): to broaden the concept of the Duke of Zhou to a general theory of proper behavoir → Every farmer had his proper place, his statu within the family of social /political system Confucius and the ‘Spring & Autumn Period’: Kung Fuzi/Kungzi = was a scholar and administrator in the Lu principality → In confucianism: king is an important figure = has to set the good example, he had to display such ideals to the people through his own acts, strict adherence to the ceremonial of Chinese society → different rules apply to different persons depending on their status in their family and society → law and punishment must be proportional, government by true ‘gentlemen’ → everyone should obwy certain moral rules, moral codes in order to obtain harmony and peace - confucius  Legalist philosophy: believed that man is selfish, wouldnt find a good gentleman that could rule the people, therefore you need a ruler who is so fearful that no one would disobey their rules - harsh set of punishments would be used if there was someone who would disobey. - one idealogy, eradicate all opposition - Qin dynasty Confucianism: Mengzi and Xunzi develop and modify confucius view as recorded in the analects: → stronger emphasis on stratification society by distinction in status Confucius stressed governance by morally straight example, his followers argued that Li had to uphold social relationships of subordination → There was a revise on the role of punishment in gov Legalism (formed 550-230BCE): ran contrary to confucianism thought →Fa = published of positive law - posited by an official - emperor → gov should rely on law applied equally to all persons → emphasis on man’s selfish nature: need for punishment to constrain people and steer them to the right direction → a rule by law was superior to a rule of man → warring states era brought to an end during the Qinq conquest → only after 9 years first emperor of Qin → Qin Dynasty (221-206BCE): very successful in its inception but fell apart quietly - Qin Code: harsh, merciless, legalist ideology, population embittered - Officials outlawing of counter-ideologies, especially confucianism - → Han Dynasty: (202BCE - 220CE) Liu Bang= regal name Gaozu (202-195BCE)becomes emperor after defeating Qir Tao = mystical philosophy centeredon Wuwei - ‘action by inaction’ - Chinese laissez faire policy → Worked at first to restore order and peaceful harmony → Under Wudi emperor (141-87BCE), silk road was openedand Chinese state expanded → Emperior Confucianism - new official ideology but within framework written code → Imperial Confucianism: accomplished by scholar Dong Zhongshu - unifies existing ideologies  → Bureaucracy: intricate selection though exams of candidates for civil service → Confucianisation of law: Han code unifies archaic concepts with practical state building → ‘interpret the past to suit the present’ → Imperial authority came from heaven, not merely from decreed law → Emperor ensures good harvest + people’s welfare by performing rituals Chinese codifications: - Essentially about crime = punishment for crime - zui = crime is an act that violates established laws - Applied by magistrates, local and regional level, the code is for them, not a body of law that conducts people, its strictly criminal. People are not citizens they are subjects. The magistrates fix the precise nature of the offense through careful observation. - Punishments are not the same for people, crime punishment can be based on the relations of the people: degrees of mourning and position in social hierarchy - if you hurt someone thats above you in the social hierarchy = more severe punishment The Tang Code: - Li Yuan, fist Tang emperor as Gaozu 617, re issues Tang code, final form in 653. Principles: - Harmony + Balance as roots of proper governance - Yin (law,death,social control) and Yang (ritual morality, education) - Symoblic representation of 5 elements; ‘oneness of heaven and man’ - Stresses social status, filial piety, and loyalty to the emperor The ming code: - Great Ming code (1368-97) was a cosmological instrument to transform human beings + morality with rules fused - All should study the law as a moral textbook → exist harmoniously, eliminate evil, save the world - Communicating with the world of spirits - Structuring and purifying the human realm - Rectifying ruling elite behavoir  - law= embodiment of cosmic order, should be: foundation of government, lenient, simple - General principles + 413 articles containing criminal legal norms - Rule - condition - sanction - Often incomplete = implicit norms without rule - Mourning degrees impact severity of punishments → Explains the challenges of China, how they differ in dynasties Knowledge Clip 1: China’s Early Dynastic History China can be divided into 3 main periods: Modern China, Imperial China, and Period of Ancient China Dynasty - From about 8000 BCE: Domesticated agriculture o Allowed to abandon nomadic life and settle into sedentary villages and civilisations and rivers - Results in: o Sedentary settlement o Social differentiation with the increase of settlement size, people had to share their food with those who produced less o Hierarchy, priests and rulers, and domestic leaders ruled from the top down - Dynastic leaders = kings, emperors o Bridged the divisions in society and its claim to exist among different people o Safe guarded harmony while connecting the people to the Gods - Dynasty = ruling family, line of kings or princes o Dynastic leaders did not rule on their own forever; sons succeeded fathers Dynasties in Ancient China - Organised in a sequence of dynasties, the ruling family names are the designated time periods o The dynastic cycle; the transition from one dynasty to another Xia Dynasty - Established by a figure known as Yu the Great  o Shows the peoples techniques to protect them from floods o Played a role in the imagination of people at the time; is seen as the uniter of the Chinese in this time period Zhou Dynasty: - The time described as the proper start of legal history in China - Era in which Confucius lived (the founder of the Philosophy of Confucianism) o Period of which the main ideas came about for his framework Can be divided into two parts: 1.Most successful, where China prospered, the people harmonised the most, the Era of the Western Zhou 2.The era which China was divided in a geographic sense by assigning smaller territories to subordinate officials, and clan men who then ruled on behalf of the Zhou leaders a. System worked fine as long as the central Zhou king was a very capable and authoritative ruler - Local rules assumed authority after the periods in which Confucius lived and completely stopped accepting the authority of the Zhou regime o The Zhou had to move their area and capital o After the Zhou state collapsed and all the feudal/ local rulers started to combat each other to conquer the whole country § (the period of The Warring States) Was contrary to all ideas of harmony and unity to China § People then started to look for a dynasty who could reunite the country -> this was the Ching in 221 BC · Established the idea of Empire; the first King emperor and became replaced by the Hum (now main ethicity of China) Challenges of Empire in China We often see in history, the dynasty struggle and often fall due to similar factors - Ever-looming External Threat o China was very rich and fertile, but only in its boundaries of sedentary society of farmers and villages; Nomadic people still roamed o Often the Nomadic farmers would try to steal goods and people as slaves from the farmers  § Over time the great walls were built to protect the country from (Mongols or Manchu) the steps of the central - Internal Divisions o All the small feudal rulers managed to establish their own regional power bases § There were many places where rulers could establish their own regional power base, if they weren’t tightly controlled by the Dynasty and a central ruler o Central authority had an issue as its regional rulers were able to gather the resources for their private enterprise Challenges of Empire in China All largely has to do with the rivers of China. China can be divided into two climatological zones: South: § Rice terraces North § Grain as the most stable crop Both areas allow for great harvests = large populations = hard to control - Many peaceful conflict between two groups of people due to resources o The Nomadic peoples were bought off by Chinese rulers to protect themselves -> paying tributes to those rulers at other times o In some points in China’s history the Nomadic peoples established themselves as the ruling dynasty in China § Like the Mongols and Machu [Western] Zhou Dynasty - 1100 BCE – 771 BCE - Start of the true legal history of China Confucius looked back upon the reign of the Duke of Zhou and of the successful Zhou kings to draw inspiration (his golden age) to copy them for success and harmony - Around 1000 BCE came up with the concept of tianming (the “mandate of Heaven”) = to bring harmony both to the universe and to society o Required close attention to ceremonies and proprieties  o Is a prime way of structuring the past in Chinese history o Goal is to bring harmoney to both the universe and society § Sucessful revole = evidence of transition - Outsideres coult appropriate system, but had to inegrate: Yuan (Mongols) and Qing (Manchus) o Outsiders quickly adapted to this method for power Most captured in the concept of Li (rules of proper behaviour) - Rituals burial + honouring the dead, blessing of ancestors - Duke of Shou: internal relations among members aristocracy - Confucius: proper behaviour generally, based on place/status within the family or social/political system o Codes of chivalry o Members of aristocracy had to organise themselves according to these rules o Established the spirt of hierarchy among them What Confucius did? - Said to broaden the Duke of Zhou concept to a general theory of behaviour o Everyone had their proper place and status within their family that also depicted their status in the social and political system Confucius and the “Spring and Autum Period” - Confucius = Kung Fuzi or Fungzi - Was a scholar and studied the ancient iron theories, philosophies of the Chinese and the administrator in the principality of the Lu o Had influential thinking based on basic assumptions § People can be educated and taught virtues by learning from example · He had to show his people and teach them through his acts to create the rules § Different rules apply to different persons and their status of family and society · A flexible concept o He regarded law and punishment relatively unimportant o Governments should not be dominated by law; he believed in the inherent goodness of men and government is headed by ‘true gentlemen’ o They would restore order to society by their example Challenges of Empire in China - Outside threats from Nomadic people towards the argiculture societies along the rivers § Often the Nomadic farmers would try to steal goods and people as slaves from the farmers o Would also provide the societies with trade goods; the societies would force the Nomadic to protect them and fight in their armies - The Warring States Era (divison between states) o The central authority began to lose its power § Due to the fertile land because it can easily sustain regional power bases ‘Dynasty’ = a family or line of rulers, a successin of sovereigns of a country beloning to a single family or tracing their decent to a common ancestor - One in power; a ruler, lord, chief, potentate, esp. a hereditary ruler, a member or founder of a dynasty China: Dynastic Cycle - ‘Mandate of Heaven’ or tianming o The xang king before being defeated, had already lost the ‘Mandate of Heave’ before taking power over China o Required close attention to ceremonies and proprieties o Is a prime way of structuring the past in Chinese history o Goal is to bring harmoney to both the universe and society § Sucessful revole = evidence of transition - Outsideres coult appropriate system, but had to inegrate: Yuan (Mongols) and Qing (Manchus) o Outsiders quickly adapted to this method for power Confucianism & Legalism: The Chinese Legal Tradition 1.How did the concept of Li evolve over time? Was a system of ritutals that society had to follow -> Hierarchy - Started as intricate burial rituals - Became a way of not to deviate from the rules, stablity, andd societal structure  o People were subjected to the authority of the emperor (no citizens); everyone had to know their place and live this code of morality 2.What did Confucius regard to be ‘ideal government’? If everyone followed the concept of Li, there would be no need for punishment. - Believed in rule by example, does not believe in a strict system of postive law 3.What was the alternative, legaist philosophy? You will never find enough moralist officals to show the example of Li. - For order an harmony, a clear set of punishment (fear) is needed for people to follow the dicatated rules 4.Explain how the contents of Confucian thought can best be understood from its historical context of dynastic fall and rivalry. 5.Why did the Qin/Ch’in Dynasty embrace the Legalist alternative to the older Confucian ideology? Source Analysis – Chinese Thinking on Law and Government Chinese Codifications - From the hand dynasty onwards law became an intricate vehicle for Li - Need clear rules -> a bureaucracy; reduced the severity and harshness of Qin-dynasty Are essentially about crime and punishment for crime - One word for both = Zuí; crime is an act that violates established laws - Magistrate = examiner, investigator, main task; The audience for law in China is strictly for criminal law. è Passes down strictly from emperor to their subjects o Its followers must obey past legal structures Magistrates investigate the crime; examining all the details of the crime to fix the precise nature of the offense through careful observation. - Increase or reduce penalty based on relational positon: o Degrees of mourning; 8 degrees o Positon in social hierarchy. The Tang Code - Li Yuan, first Tang emperor as Goazu 617, re-issues Tang Code, final form in 653 Principles: - Harmony + balance as roots of proper governance - Yin (law, death, social control) and Yang (ritual, morality,education) - Symboolic representation of 5 elements: ‘oneness of heave and man’ - Stresses social status, fillail status, fillial piety, and loytaly to the emperor Imperial Confucianism: Codifications as vehicle for the principle of Li - The Code’s Audience is the imperial bureaucracy, not citizens but subjects. - The audience of these rules is the magistrates The Ming Code = a cosmologicalinstrument to transform human beings - The law should be studied like a moral textbook -> exitst harmonisouly, eliminate evil, save the world: o Emperors must communicate with the world of spirits o Structuring and purifying the human relam o Rectifying ruling elite behavior Law = embodiment of cosmic order, Law should be: o Foundation of government o Lenient o Simple - Past officals used difficult affiliations for trick the people General principles + 413 articles containing ‘criminal legal norms’: - Rule -- condition – sanction - Often ‘incomplete’ = implicit norms without rule - Mourning degrees impact severity of punishments