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Reflections | As Hunter Biden pardon and Chinese history show, equality before the law a wish not a fact

The idea that no one is above the law was mere aspiration in imperial China. Biden pardoning his son shows it to be so in United States too

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Joe Biden and his son Hunter Biden hug on stage at the Democratic National Convention in August 2024. The US president gave his son a full pardon to spare him imprisonment. Photo: AFP/Getty Images/TNS

Joe Biden recently issued a presidential pardon to his son Hunter Biden in one of his final acts as the president of the United States. The younger man was earlier convicted on gun and tax charges but will not face any jail time after receiving a “full and unconditional pardon”.

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Biden justified his action by accusing his political opponents of singling out his son for prosecution, but even supporters in his own party have criticised him for undermining the rule of law in the United States and eroding Americans’ faith in the justice system, which is supposed to be fair and equal for everyone.

“When you become president, your role is pater familias of the nation,” Jared Polis, the Democratic governor of Colorado, posted on X. “Hunter brought the legal trouble he faced on himself, and one can sympathize with his struggles while also acknowledging that no one is above the law, not a president and not a president’s son.”

The equality of everyone before the law is an ideal that not many societies can live up to, even supposedly democratic ones like that of the US.

There is an old Chinese saying: “When princes break the law, they are subjected to the same punishment as commoners.” For almost the entirety of China’s past, this was more an aspiration than a reflection of reality.

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Tasked by the Qin ruler with strengthening the state, Shang Yang (390–338 BC) launched a series of reforms in 356BC and 350BC that transformed the way the state of Qin was governed.

A statue of unpopular Chinese reformer Shang Yang. Credit: Wikipedia / Fanghong
A statue of unpopular Chinese reformer Shang Yang. Credit: Wikipedia / Fanghong
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