In this talk I will continue my discussion of the "ballad-stories" on Judge Bao. In dealing with crimes of lust and greed by single actors the judge can function as a representative of the central government. From the standpoint of the bureaucracy the problem in such cases is not the lack of independence of the judge, but the contrary. In order to avoid arbitrary actions by civil magistrates, major sentences had to be subjected to an elaborate process of revision. If crime, however, emanates from the center of power itself, special measures may be needed to ensure the authority and independence of the judges concerned. The "ballad-stories" on Judge Bao would appear to be unique in their fascination with the institutional means to enhance the status of the judge. These means range from exceptional instruments of torture and execution to the concurrent appointment of multiple functions and even contractual agreements between the emperor and his bureaucrats. But in order to apply the law to the most powerful persons in the empire, the judge is allowed to disregard all rules and regulations regarding the application of judicial torture.
11:00 - 12:00
