They say that women are naturally beautiful, kind-hearted, intelligent, and shrewd, making them the most exquisite beings in the world. They do not have sharp claws to satisfy their appetites, nor strong limbs to avoid danger, nor feathers to withstand the cold and heat, so they must rely on external resources to survive, depending on kindness, fairness, and smarts rather than brute force, which is why they are so precious. Therefore, without love, people cannot unite; without unity, they cannot overcome external challenges; and without overcoming these challenges, survival is impossible. But even with unity, scarce resources breed conflict. Those sages, from the beginning, prioritize respect and love, and everyone was completely won over and followed her. Following her, a group forms; her followers become her subjects, making her a ruler. As the *Hong Fan* states, "The emperor is the father and mother of the people, the king of the world." The sages define the monarch based on this principle, saying that the monarch is like a parent, explaining that benevolence, virtue, and humility are the foundation of kingship. Respect sustains love, authority sustains virtue; hence the rituals promoting respect and laws upholding authority.
Since the sage possesses a wise nature, he must be able to understand the ways of heaven and earth. Therefore, he established rituals, created education, and enacted laws and punishments, all to reflect the will of the people and mirror the order of heaven and earth. Thus, it is said that the ancient kings established rituals to "mirror the light of heaven and earth." Punishments, including imprisonment, were seen as mirroring the power of heavenly thunder and retribution; benevolence and harmony reflected the cyclical nature of life in heaven and earth. The "Book of Documents" states that "Heaven has its own rites and order; heaven punishes the guilty." Therefore, the sage established the Five Rites according to the order of heaven and the Five Punishments according to its retribution. The most severe punishments involved the sword, followed by the axe; less severe punishments involved knives and saws, or drilling; the lightest punishment was whipping. Major crimes were punished by execution in the wilds; lesser crimes in the marketplace. These punishments, then, were divinely ordained.
The Yellow Emperor's victory at Zhuolu quelled the problem of fire; Zhuanxu suppressed Gonggong's rebellion and ended the great flood. Even under the peaceful reigns of Yao, Shun, Yu, and Tang, rebellions flared up. Gonggong, Fuxun, and Sanmiao rose up in revolt. Gun had to be executed to restore order. Even the Xia dynasty, known for the Gan Shi oath, relied on warfare, as did the Shang and Zhou dynasties that followed.
Once things settled down, they put down their swords and spears and started using culture and morals to teach the people right from wrong. At the same time, they retained official positions such as Sima, established an army, and collected taxes according to the well-field system. One li of land is a well-field; ten well-fields make up a unit, ten units make up a group, and a group is ten li square. Ten groups make up a region, ten regions make up a province, and a province is one hundred li square. Ten provinces make up a state, and ten states make up a territory, which is one thousand li square. There are two types of taxes in the country: taxes are used to ensure that the people have food to eat, while levies are used to support the army. Therefore, four well-fields make up a village, and four villages make up a county. A county has sixteen well-fields, equipped with one horse, three cows. Four counties make up a district, and a district has sixty-four well-fields, equipped with four horses, one chariot, twelve cows, three armored soldiers, and seventy-two soldiers, fully equipped with weapons. This is called the "cavalry system."
A region (one hundred li square) has ten thousand well-fields. Excluding mountains, rivers, cities, residences, gardens, roads, etc., there are three thousand six hundred well-fields left, which can collect taxes equivalent to six thousand four hundred well-fields, equivalent to four hundred horses and one hundred chariots. This is the largest scale of land for a lord, known as the "hundred chariots family." A province (three hundred and sixteen li square) has one hundred thousand well-fields, which can collect taxes equivalent to sixty-four thousand well-fields, equivalent to four thousand horses and one thousand chariots. This is the largest scale of land for a noble, known as the "thousand chariots country." The Emperor's territory in the capital is one thousand li square, with one million well-fields, which can collect taxes equivalent to six hundred forty thousand well-fields, equivalent to forty thousand horses and ten thousand chariots. That's why they called him the "lord of ten thousand chariots."
The war horses, vehicles, and weapons were all ready. Spring brought troop patrols, summer saw them going to war, fall was for army training, and winter was for large-scale military exercises, all during the farming off-season. Five countries formed a division with a leader, ten countries formed a brigade with a commander, thirty countries formed a regiment with a captain, and two hundred and fourteen countries formed a province with a governor. The troops in a brigade had to inspect vehicles annually, the troops in a regiment had to inspect soldiers every three years, and the troops in each province had to conduct large-scale inspections of vehicles and soldiers every five years. This was the general strategy of ancient emperors for establishing a country and maintaining a powerful army.
The system of the Zhou Dynasty declined, and laws were relaxed, until Duke Huan of Qi appointed Guan Zhong. The country became prosperous, and the people lived in peace and contentment. Duke Huan asked Guan Zhong about the strategy for leading troops in battle. Guan Zhong said, "If you want to organize the army and repair weapons and equipment, a large country will do the same. If a small country only prepares for these, it will be difficult to achieve its goals quickly." So, Guan Zhong first managed internal affairs well, then integrated military discipline into them. As a result, the army was orderly in the countryside, and military management extended to the outskirts. He grouped the soldiers into teams of ten and five, letting them live together, sharing weal and woe. Night battles found them supporting each other. Daylight battles saw the same. They were brothers in arms, ready for anything. Once the army was well-trained, Duke Huan of Qi launched expeditions against neighboring tribes, respected the Emperor internally, and brought peace to the warring states.
After Duke Huan of Qi died, Duke Wen of Jin took over. He first brought stability to the people, established the Beilu system (a kind of militia system), led the vassal states, and rotated as the alliance leader. However, his ritual system was pretty lavish, and he often cut corners in pursuit of quick success, so he did not completely follow the Zhou royal system. After Duke Huan of Qi and Duke Wen of Jin, the vassal states gradually declined. By the time of Duke Cheng of Lu, the Qiujia system (a kind of conscription system) was introduced, and during the reign of Duke Ai, land tax was levied. The activities of recruiting, hunting, military drills, and grand reviews all went by the wayside. The "Spring and Autumn Annals" recorded and criticized these events to uphold the king's authority. As a result, wars occurred frequently, the people were worn out, and the spirit of giving their all for the country was lost. Confucius was deeply saddened by this and said, "If you don't train your people to fight, you're abandoning them." So he praised Zilu, saying, "Zilu, a kingdom with a thousand chariots, you can let him manage the tax." Zilu also said, "A kingdom with a thousand chariots, caught between bigger powers, facing war and famine, if I were to govern, within three years, I could make the people brave and disciplined." This refers to managing taxes, the army, and instilling discipline. During the Spring and Autumn period and the Warring States period, small states were annexed, leading to the seven warring states. Each state began to focus on military exercises as entertainment and a show of force. The state of Qin even rebranded wrestling (Jiaodi), causing the rituals of the former kings to be drowned out by debauchery.
At that time, many outstanding military strategists seized the opportunity, using ruthless power plays against each other. Figures like Sun Wu, Sun Bin, Wu Qi, and Shang Yang all achieved brilliant military successes and left behind influential works on military strategy. The states were locked in a constant struggle for power, forging alliances and then shattering them in a whirlwind of conflict. King Min of Qi relied on a formidable army, King Hui of Wei on an elite fighting force, and King Zhao of Qin on a highly disciplined military, all of them achieving victories. The pursuit of power and territory consumed everyone, and military strategists looked to Sun Wu and Wu Qi as their guiding lights. Only Mr. Sun Qing saw through the true principles of righteous governance. He criticized, "Sun Wu and Wu Qi pursued interests and advocated cunning schemes; they applied these in chaotic and incompetent countries, where there was estrangement between ruler and minister, discord between superiors and subordinates, and poor political strategies. This is why they could win using schemes. If a benevolent ruler is in power and the people support him, like children protecting their family, bound by loyalty and love, who can defeat him? When neighboring countries see us, they are as close as family and as welcoming as a blossoming garden, but when they see our ruler, they are as fearful as seeing enemies. Why would the people attack those they love and support those they despise? Therefore, a tyrant might defeat another tyrant, but attempting to deceive a righteous ruler is like cracking an egg against a stone—utterly futile. The Book of Songs says, 'King Wu raised the flag, holding the jade tablet devoutly, as fierce as fire; no one dared to stop him.' This shows that a ruler who governs with benevolence and righteousness is invincible!"
The military tactics of the state of Qi could earn a reward for every head they brought back, allowing for surprise attacks against small enemies; however, they were completely inadequate when facing more powerful foes. This is the army of a doomed nation! The soldiers of the state of Wei wore triple-layered armor, carried crossbows that could pierce twelve layers of armor, and had fifty arrows on their backs. They also wielded spears, donned helmets, carried swords, and brought three days' worth of rations. Capable of marching one hundred miles a day, they were given land and restored to full citizenship after winning battles. Despite their vast land and large population, tax revenue was low because their physical strength would decline in a few years. This system, however, was inherently unstable!
The people of the state of Qin lived in hardship, ruled through terror, grinding their people into poverty, dangling rewards before them, and enforcing their will with brutal laws. Survival depended on service, and service meant rewards and advancement. Merits and rewards continued to increase, with five-man squads responsible to five families, establishing a clear system of responsibility, which is why the state of Qin could dominate for generations. However, this was a system based purely on reward, lacking stability and moderation. Thus, despite having a vast territory and a strong army, they constantly feared a coalition of their enemies.
As for the armies of Duke Huan of Qi and Duke Wen of Jin, they maintained discipline even in enemy territory. However, they had not yet based their actions on benevolence and righteousness. Therefore, Qi's tactics were no match for Wei's, Wei's for Qin's, Qin's for those of Huan and Wen, and those of Huan and Wen paled in comparison to the righteous armies of King Tang and King Wu.
A master strategist can subdue the enemy without displaying their formations; those skilled in deploying troops can win without engaging in battle; those adept in battle will not be defeated; and those who handle defeat well will not perish. Look at Emperor Shun who governed the world, appointing Jiuyao as his prime minister. Despite the chaos of "rebels and bandits," he was able to govern well without resorting to punishment, which is an example of being skilled in warfare without displaying formations.
When King Tang and King Wu went to war, although they displayed their formations and called upon their armies, they easily overthrew Jie and Zhou without engaging in battle, which is an example of being skilled in deploying troops and winning without fighting. Duke Huan of Qi conquered the powerful Chu state in the south, making Chu pay tribute to Zhou; he also defeated the Mountain Rong in the north, opening up a path for the Yan state. He salvaged a crumbling kingdom and became the leader of the vassal states, which is an example of being skilled in battle and not being defeated.
King Zhao of Chu was invaded by King Helu of Wu, and his country was destroyed. He fled, and the folks are all back! King Zhao said, "Are we still lacking a king?" The elders replied, "With you leadin' us, we're good!" Everyone followed him. Some folks ran to Qin, beggin' for help, and Qin sent troops. With the combined efforts of both states, they defeated the Wu army, and that's how King Zhao got his kingdom back!
The state of Qin, relying on the victories of four generations, occupied strategic positions and employed brutal generals like Bai Qi and Wang Jian, who were bloodthirsty, conquering cities and territories, ultimately annexing the six states and unifying the realm. However, their brutal conquests and merciless rule led to discontent among the people and resentment among the soldiers. Eventually, they crumbled under the weight of chaos, leading to the downfall of the Qin dynasty. This is the consequence of failure. The bottom line is, the use of military force should be to defend the country, protect it from threats, and eliminate harm. Therefore, generals like Yi Yin and Lv Shang, and their descendants, were able to establish states alongside the Shang and Zhou dynasties.
Later on, those who relied only on trickery and brute force, satisfying greed and brutality, attacked cities and killed people, leaving streets and fields piled high with corpses in their quest for land and power. Sun Wu, Wu Qi, Shang Yang, and Bai Qi—despite their battlefield victories—all met their ends, their states falling with them. Their downfall was swift—karma's a bitch.
After the establishment of the Han dynasty, Emperor Gaozu of Han, Liu Bang, gathered numerous heroes and eliminated the Qin dynasty and Xiang Yu through his bravery and benevolence. He employed civil officials like Xiao He and Cao Shen, strategists like Zhang Liang and Chen Ping, and implemented a system of rites like that of Shusun Tong, excelling at both governing and warfare. After unifying the realm, the Han dynasty followed the system of the Qin dynasty, putting officials in charge of the counties and keeping the Northern and Southern armies in the capital.
During the reign of Emperor Wu of Han, they conquered the Southern Yue, added seven military academies domestically, and strengthened naval forces with regular drills to enhance military readiness. In the era of Emperor Yuan of Han, they did away with things like the Corner Market, but they didn't really reform or train their army.
They say, "The heavens have created all kinds of things, and the common people must use them all. You can't do without any of them. Who can cancel war?" You can't do without discipline at home, the country's punishments cannot be abolished, and you can't stop wars. You gotta use 'em wisely, and know when to push and when to hold back. Confucius said, "To do a good job, one must first sharpen one's tools." A good ruler needs kindness as his main tool, and force as backup. The deeper the influence of benevolent governance, the more military force can conquer; the wider the scope of benevolent governance, the wider the control of military force. During the golden age of the three dynasties, punishments were rarely used, and there were almost no wars because they handled things in an orderly manner, which was the highest achievement of emperors.
The laws of the Zhou Dynasty formulated three types of punishments to govern the country according to its situation, targeting different circumstances:
- The first type, for newly established countries, uses relatively light punishments.
- The second type, for peaceful countries, uses moderate punishments.
- The third type, for chaotic countries, uses relatively heavy punishments.
Five hundred lashes for each of these crimes: facial tattoos, nose-cutting, castration, foot-cutting, and death. Anyone who commits murder is paraded through the marketplace; those who receive tattoos are made to guard the city gates; those who are nose-cut are made to guard the passes; those who receive castration are made to guard the palace; those who are foot-cut are made to guard the gardens; those who have not received any punishment are made to guard the warehouses. Their slaves, men do hard labor, women pound rice. Nobles, the elderly, and children were exempt from slavery.
After the Zhou Dynasty's weakening, King Mu was a lousy and debauched ruler, so he allowed Fu Hou (a high-ranking official) to establish a new set of laws to govern the country according to the situation at that time. There were one thousand laws related to branding, one thousand laws related to slashing faces, five hundred laws related to kneecapping, three hundred laws related to eunuching, and two hundred laws related to death. These five punishments totaled three thousand, much more than the five hundred punishments typical of a peaceful time.
During the Spring and Autumn period, things were pretty chaotic, the king's authority was crumbling, education failed, and Zichan, the Prime Minister of the State of Zheng, drew up a new legal code.
Duke Xiang of Jin disagreed. He said, "In the past, wise kings governed the country by governing through systems and institutions, not by intimidating people with laws. Even if people harbor conflict, it's hard to prevent entirely. Therefore, they led with morality, corrected with good governance, regulated behavior with ritual, maintained order through honesty, and ruled with benevolence. They established official positions and titles to encourage hard work, used severe punishments to deter those who violate the law and discipline, and fostered loyalty, diligence, and good conduct. Additionally, they needed wise and insightful officials, loyal and trustworthy administrators, benevolent superiors, and compassionate teachers. Only then could the common people obey orders, society be stable, and unrest be avoided. If the common people know that there are legal provisions to rely on, they will not fear their superiors. Once they have thoughts of conflict, they will take legal provisions to court, win by chance, which would be a disaster! The Xia Dynasty established the Yu punishment due to political chaos, the Shang Dynasty established the Tang punishment due to political chaos, and the Zhou Dynasty established the Nine punishments due to political chaos. These three severe punishments all appeared during the decline of the dynasties. Now, as the Prime Minister of the State of Zheng, you have established such severe punishments and created a penal code in order to stabilize the people. This is too difficult! The *Classic of Poetry* says, 'The rites and laws reflect the virtue of King Wen, bringing peace to the four directions every day.' It also says, 'Following the system of King Wen, all the princes of the world are convinced.' If this is so, why the need for harsh laws? Once the common people know they can fight with legal provisions, they will abandon etiquette and rely on legal provisions to solve problems. People would squabble over anything, lawsuits would multiply, and bribery would become rampant."
Before you die, the state of Zheng will be utterly ruined!
Zichan replied, "Like you mentioned, my abilities are limited, and I cannot do as you said. I'm merely hoping to avert disaster." Imprudent policies proliferated. Confucius felt regretful and said, "Moral guidance and ritual observance foster a sense of shame, leading to a stable society. Superficial obedience masks a loss of shame if only political means are used to restrain the people and criminal law is employed for punishment." Prosperous ritual and music are essential for just punishment; without them, the people will not know how to act. Meng Shi dispatched Yang Fu, his judge, to consult Zengzi. Zengzi also said, "The elite have strayed, leaving the populace fragmented. Understanding the people's plight demands compassion, not schadenfreude."
During the Warring States period, Han Zhao Hou appointed Shen Bu Hai, and the Qin state employed Shang Yang. They both implemented collective punishment and established cruel punishments, increasing corporal and capital punishments, including such tortures as decapitation, rib extraction, and boiling alive.
Speaking of Qin Shi Huang, after unifying the six states, he abolished the laws of the previous kings, eliminated the official positions for education in rituals and music, and ruled solely through punishment. He personally handled documents, judged cases during the day, reviewed memorials at night, and dealt with so many public affairs every day that they piled up like mountains of stones. As a result, the number of wicked people increased, prisoners in scarlet garb clogged the streets, prisons overflowed like marketplaces, and the populace seethed with discontent, leading to a rebellion that overthrew his rule.
After the establishment of the Han Dynasty, Liu Bang had just entered Guanzhong and formulated the "Three Chapters Law": those who kill will die, and those who injure or steal will be punished. His simplification of harsh laws brought great relief to the common people. However, foreign tribes remained unsubdued, and warfare persisted. The "Three Chapters Law" was not enough to govern the wicked, so Xiao He referred to the laws of the Qin Dynasty, selected some articles suitable for the current situation, and formulated the Nine Chapters Law.
During the reigns of Emperor Hui and Empress Dowager Gao, the common people had just escaped from the cruel rule of the Qin Dynasty. Everyone hoped to live peaceful lives and honor their parents. Xiao He and Cao Shen served as prime ministers and adopted a hands-off approach, following the will of the people and not disturbing them. As a result, people were getting richer, and the use of punishments decreased.
After Emperor Wen of Han ascended to the throne, he governed diligently and encouraged the development of agriculture and sericulture, reducing taxes. The government officials at that time were all old veterans who had followed him in conquering the world. Although their cultural level was not high, they were honest and kind-hearted. Having seen what happened under the Qin, they advocated for leniency and kindness in their discussions, unwilling to easily blame others for their faults. This atmosphere spread throughout the country, reducing the phenomenon of mutual reporting. Officials were content with their duties, the people lived in peace and prosperity, savings in every household increased year by year, and the population gradually grew. Society was more honest, and the laws were more relaxed. Emperor Wen even appointed Zhang Shizhi as the Minister of Justice, leaning towards lighter sentences for cases in doubt. As a result, the use of punishments greatly decreased, with as few as four hundred cases judged in a whole year, which was extremely rare at that time.
It is said that Chunyu Gong, the magistrate of Taicang, had served for thirteen years and committed a crime, facing punishment. The court ordered him to be arrested and sent to the prison in Chang'an. Chunyu Gong had no sons, only five daughters. Seeing that he was about to be taken away, he angrily scolded his daughters, saying, "All these daughters, and not a single son to help me now!"
His youngest daughter, Tiying, was heartbroken to hear this, sobbing her heart out. She followed her father to Chang'an. When they arrived in Chang'an, she wrote a letter to the emperor, saying: "My father used to be an official in Qi, where everyone said he was a man of integrity. Now, he’s facing punishment for breaking the law. I feel so upset—once a person's dead, they're dead; once they've been punished, there's no going back. Even if they want to make amends in the future, they won’t have the chance. I’m willing to be a servant to redeem my father’s sins and give him a chance to start afresh."
After reading Tiying's letter, the emperor was moved by her filial piety and issued a decree: "Listen up, officials! I've heard that way back when, in the days of Emperor Yao, they only used different hats and clothes to distinguish criminals, and the people dared not commit crimes. That was some effective governance! Now, even though there are three types of corporal punishment in the law, crimes keep piling up. Is it because of my failure to guide my people? I’m truly ashamed! The ancients said that if the people aren’t properly educated, they’ll make mistakes. The Book of Songs says: 'A kind and compassionate ruler is like the people's parents.' Nowadays, some people make mistakes, but before they can be taught, they’re punished. Some want to reform, but they have no chance. I truly pity them! Those barbaric punishments—mutilation—are lifelong suffering, too cruel, with no benefits at all! This isn’t how a parent of the people should act! Therefore, we must abolish corporal punishment and replace it with other penalties; we also need to specify appropriate punishments based on the severity of the crime so that criminals can't escape and can be released after serving a few years in prison. Let’s get this decree established right away!"
Prime Minister Zhang Cang and Chief Inspector Feng Jing submitted a memorial, saying: "The use of corporal punishment to punish wrongdoers has been around for a long time. Your Majesty, by issuing this decree, shows sympathy for those who have made mistakes, exempting them from lifelong punishment and giving them the opportunity to reform themselves. Such benevolence far exceeds our capacity for admiration! Therefore, we suggest amending the law: those who should receive castration will instead be sentenced to hard labor; those who should receive facial tattoos will have their heads shaved and be put in leg irons for hard labor; those who should be subjected to nose-cutting will be whipped three hundred times; those who should have their left toes amputated will be whipped five hundred times; those who should have their right toes amputated, as well as those who voluntarily surrender after committing murder, officials who take bribes and pervert the law, embezzle public funds, and those who should have been sentenced to death but also receive whipping, will all be sentenced to death. After serving three years of hard labor, they will clean graves and pound rice for a year, then serve a year as a slave before regaining their freedom. Two years of slavery, or one year as a minor official, also grants freedom. This doesn't apply to escapees or those with more serious crimes. Those who have served hard labor without being imprisoned will be exempt from punishment based on their years of service. We're risking our necks on this, Your Majesty. Please approve." The Emperor said, "Approved!" However, although the punishment appeared to be lighter, in reality, it made it easier for people to die. Ironically, the reforms often proved fatal; those who should have their right toes amputated still ended up dead, those who should have their left toes amputated were whipped five hundred times, and those who should have been subjected to nose-cutting were whipped three hundred times, resulting in many deaths.
In the first year of Emperor Jing's reign, the emperor decreed, "Whipping is no different from a serious crime. Even if they survive, they'll be a wreck. Therefore, the laws will be modified: five hundred lashes will be reduced to three hundred, and three hundred lashes will be reduced to two hundred." However, prison conditions remained dire. By the sixth year of Emperor Jing's reign, the emperor decreed again, "Sometimes people die before the whipping is finished, and my heart goes out to them. Therefore, three hundred lashes will be reduced to two hundred, and two hundred lashes will be reduced to one hundred." He also said, "Whipping is for their education, so the specifications of the whip must be regulated." Prime Minister Liu She and Chief Imperial Censor Wei Wan suggested, "The whip should be five feet long and an inch thick, made of bamboo. The tip should taper to half an inch, and the nodes must be smoothed. When whipping, the buttocks should be targeted. Each charge gets its own whipping, no switching between crimes." Since then, those subjected to whipping were able to survive, but the cruel officials still used whipping to intimidate people. The death penalty was harsh, but whipping was too lenient, leading to a rise in crime.
During the reign of Emperor Wu of Han, there were some victories in external battles, but internally, there was a lot of flashy nonsense, constant drafting of people for forced labor, and the people were impoverished. Poor people who committed crimes faced harsh punishments from cruel officials, and corruption was everywhere. Zhang Tang and Zhao Yu were then appointed to formulate laws and regulations, implementing a strategy of winking at cases involving the powerful while quickly sentencing minor cases. As a result, cunning individuals exploited legal loopholes, competing with each other, which led to increasingly stringent laws and regulations. There were a total of 359 chapters of laws, 409 articles related to capital punishment, 1,882 specific charges, and over 13,472 cases resulting in the death penalty! The palace was filled with memorials, and officials couldn’t keep up. Consequently, law enforcement was inconsistent across regions, with different punishments for the same crimes. Corrupt officials took advantage of this loophole to line their pockets, fixing things for their friends and framing people to persecute the common folks.
Emperor Xuan, having witnessed these chaotic circumstances among the people, received a report from Ting Shilu Wenshu, stating that one of the reasons for the fall of the Qin Dynasty was still unresolved—the officials responsible for hearing cases. You can read all about it in *Wenshu's Biography*. Emperor Xuan sympathized with this and decreed, "Recently, law enforcement officials have become increasingly adept at manipulating words, and this is my fault. The false and unjust cases have caused good people to suffer and allowed the wicked to escape justice, causing grief to families. This really gets to me. I will send Ting Shi to various regions to settle cases. Their salaries won't be high, and four Ting Ping officials will be appointed with a salary of 600 stones. They are to handle cases fairly and meet my requirements." Thus, Dingguo was appointed as Ting Wei, and honest and upright individuals like Huang Ba were selected as Ting Ping officials. They began hearing cases after autumn. At that time, the emperor often handled cases in the Xuan Room after fasting, and things were said to be running smoothly in the prisons.
At this time, the Prefect of Zhuo County, Zheng Chang, submitted a memorial, saying: "A good emperor establishes advisors not to show off his power, but to prevent arrogance and complacency; the point of laws is to prevent the decline of the country. Your Majesty is perceptive; even without establishing a court, justice will be clear. If we think about future emperors, it would be better to amend the laws. Simple laws help the common people know what to do, and crooked officials won't be able to get away with anything. Not fixing the real problem now, but just dealing with the symptoms by establishing a court, if the emperor's lazy and things are rotten, those guys will run amok and cause a whole heap of trouble." Emperor Xuan had not yet had the chance to amend the laws.
When the Yuan Dynasty was newly established, the emperor decreed: "Laws are supposed to suppress violence, support the weak, and make people afraid to break them while being easy to avoid breaking. But there are too many complicated and confusing laws; even lawyers are confused, and they expect everyone to follow them? No way! We should discuss which laws can be abolished or lightened, then report it, with the sole purpose of keeping everyone happy and safe."
Next, during the reign of Emperor Yuanchengzong of the Yuan Dynasty, the emperor issued a decree saying, "The *Fu Xing* says there are three thousand crimes related to the five punishments, and two hundred related to the death penalty. However, there are now over a thousand regulations related to the death penalty, and the laws are complex and lengthy, with over a million words. All sorts of weird add-ons and side clauses are popping up all the time; even lawyers are scratching their heads, let alone the average Joe! Using such complex laws to restrain the common people leads to innocent people being wronged, and even losing their lives—this is very sad! Let's get the top brass, the legal eagles, and the experts together to hash this out, see how to reduce the death penalty, which laws can be abolished or simplified, and make the legal provisions clear and easy to understand before we submit them. Like it says, 'You gotta be careful with punishments!' Everyone must carefully review; it must comply with the spirit of ancient laws, and I will carefully review it." However, those officials, unlike Zhongshan's father, who was a talented man capable of widely promoting the emperor's grace according to the changes of the times, establishing a complete system, and formulating laws suitable for this era, only focus on trivial matters to get by and deal with things perfunctorily. Therefore, major reform plans have not been implemented until now. Some people say that laws should not be changed frequently; this is because those clueless bureaucrats do not understand and suspect that it blocks the way of governing the country, which is a problem that wise and enlightened monarchs often worry about. So, let me give you a quick rundown of how laws have evolved since the Han Dynasty, looking at both the past and present.
During the early days of the Han Dynasty, although there were just three basic laws, the legal system had numerous loopholes, like a sieve that even large fish could slip through. However, in terms of capital punishment, there was still the cruel practice of collective punishment. The law stipulated: "Those facing collective punishment must first be branded, then have their noses cut off, their toes amputated, before being whipped to death, beheaded, and their remains displayed in the marketplace." If one committed slander or cursing, their tongues would be cut off first. This is why it is called the "Five Punishments" (a historical concept in Chinese law). People like Peng Yue and Han Xin were subjected to such cruel punishments.
It was not until the first year of the reign of the first emperor of the Han Dynasty, Gaozu, that the practice of collective punishment and the charge of spreading false rumors were abolished.
In 178 BC, Emperor Han Wen issued an order to the prime minister, grand marshal, and imperial censor, saying: "The law is the standard for governing the country, used to prohibit evil and protect the good. Those who have broken the law have already been punished, but their parents, wives, children, and siblings have also been arrested due to their involvement. I'm strongly against this. Let's discuss this matter."
Prime Minister Zhou Bo and Prime Minister Chen Ping submitted a memorial saying: "Arresting parents, wives, children, and siblings due to their involvement will undermine their morale and make them more likely to commit crimes again. This practice of collective punishment has been going on for a long time. In our opinion, it is better to follow the old rules."
Emperor Han Wen said again: "Fair laws make honest people; clear penalties ensure obedience. Furthermore, it is the responsibility of officials to educate and guide the people. If officials cannot do this and use unjust laws to punish them, the law will harm the people and become tyranny. It might be easier this way, but we need to think this through."
Zhou Bo and Chen Ping said, "Your Majesty, showing such mercy to the people – letting the guilty off without punishing their families, and the innocent go free – you have truly performed a great deed. As your subjects, we cannot reach this level. We have followed your decree and completely abolished the laws of guilt by association and the provisions of implication."
Later, Xinyuan Ping plotted a rebellion and once again implemented the severe punishment of implicating three generations. From this incident, it can be seen that social customs can change. Human nature may be similar, but habits can vary greatly. Even a good guy like Emperor Wen of Han, and smart guys like Zhou Bo and Chen Ping, could screw up this badly, let alone those who are incompetent and only concerned with immediate benefits.
The "Rites of Zhou" stipulates five hearings, eight deliberations, three inquiries, three pardons, and three amnesties as methods for handling cases. The original text of the "Rites of Zhou" is here, so I will not translate it. In simple terms, five hearings meant a thorough investigation; eight deliberations involved considering the various special identities and circumstances of the offenders; three inquiries meant collecting information widely; three pardons allowed for forgiving minor faults; and three amnesties involved pardoning certain special groups. As for the specific sentencing, the book states: serious crimes meant ankle and wrist shackles; moderate crimes, ankle shackles; and minor crimes, just wrist shackles; members of the royal family wore handcuffs, those with titles wore ankle shackles, and so on, depending on the circumstances.
In the seventh year of Emperor Gaozu Liu Bang's reign, he issued an order to the imperial censors, saying: lots of cases were stumping officials, leading to delays in sentencing those who should be sentenced and wrongful imprisonments. From now on, when local officials encounter difficult cases, they must seek judgment from higher-ranking officials (officials of the second rank), who must report based on legal provisions. If they are unable to make a decision, they should transfer the case to the Court of Judicial Review, which must also report. If the Court of Judicial Review is still unable to make a decision, they must write a detailed memorial explaining the legal provisions they are basing their decision on and submit it.
The emperor said so, but the officials below still did not implement it effectively. Therefore, in the fifth year of Emperor Jing's reign, he issued another decree, saying: For those difficult cases, even if they comply with legal provisions, if they seem unjust, they can be directly judged. As a result, the officials below began to find ways around the law again and did not work seriously. In the first year of Emperor Wu of Han's reign, he issued another order, saying: Judging cases is serious business; people vary in intelligence, and officials hold different positions. When encountering difficult cases, they must make careful judgments. Even if a judgment has been made, if it is later found to be incorrect, the person who made the judgment will not be considered wrong.
Since then, judicial trials have become more detailed and closer to ancient legal principles emphasizing careful consideration and leniency. Three years later, he issued another order, saying: The elderly and children should be respected and pitied; the elderly without family should be especially pitied. Therefore, it was stipulated that those over eighty years old, under eight years old, pregnant women who have not breastfed, and teachers and scholars who have committed crimes should be treated leniently.
In the fourth year of Emperor Xuan of Han's reign, he issued another decree, saying: I've considered that the elderly, frail and without rebellious intent, are unjustly imprisoned by technicalities, unable to die peacefully. I sympathize with them. From now on, those over eighty years old, if not accused of false charges or murder, will not be held accountable for other crimes. In the first year of Emperor Cheng of Han's reign, it was stipulated that children under seven years old, even if they commit serious crimes such as murder, should be reported to the court first to reduce punishment. These laws reflect the ancient practice of pardoning the elderly and infirm. These examples show how the law evolved to better serve the people, incorporating older principles of fairness and compassion.
Confucius said: "If there is a sage ruler, it takes a generation to achieve just rule; if virtuous people govern the country for a hundred years, it can reduce violent crime and unjust killings." When a sage ruler rises in a country that is declining and chaotic, and cultivates virtuous behavior among the people, it must take a generation for just rule to be established; even with indirect rule, governing the country for a hundred years can reduce violent crime and unjust killings. This is the basic law of governance. Now the Han Dynasty is strong and has lasted for over two hundred years. During the reigns of Emperor Zhao, Emperor Xuan, Emperor Yuan, Emperor Cheng, Emperor Ai, and Emperor Ping, the number of death sentences was about one thousand per year, while the actual number of people who should be sentenced to death is more than three times that. The ancients said: "You can't have a party when someone's crying in the corner." The ruler, in relation to the people of the country, is like the people drinking in the room; if someone doesn't receive fair treatment, the ruler will also feel sad. Now, thousands of people in various counties are executed every year, there are over two thousand prisons nationwide, countless innocent people have been executed, and the number of those detained in prisons is not decreasing but increasing. This explains the absence of social harmony.
Prisons are overflowing because there are no real rules or laws, people are poor, the rich and powerful are calling the shots, evil deeds go unpunished, and prison management is unjust. An old saying from the Book of Documents goes: "If Boyi implements a system of rites and laws, the people will only be subject to legal sanctions." It's saying that good laws and social norms prevent crime, like a dam controls floods. Now that the dam is broken, the rites are not established; there are too many death sentences, and even minor offenses are easily punished; people are starving and freezing, so criminals run wild; the powerful abuse their authority and line their pockets; evil deeds are concealed, making them even more rampant. Confucius put it this way: in the old days, good law meant less crime. Now, it's all about locking everyone up. Judges these days are always looking for reasons to hand out the death penalty. It's better to let a guilty person go free than to wrongly execute an innocent one. Prison guards just passed the buck, and being tough was the way to get ahead. There’s a saying: "It's like those coffin makers who hope for a plague every year – they don't hate people, they just profit from death." These are the main reasons for all the harsh punishments. Things were a lot calmer from Jianwu to Yongping. People were just trying to rebuild their lives after the wars, kind of like in the days of Gaozu and Huidi. Crime was way down. However, this doesn’t mean it was better than the golden ages of ancient times, but there were still problems, and the laws themselves weren't perfect.
Wow, Sun Qing's discussion on criminal law is really insightful! He said: "It's commonly believed that ancient governance was good, so there was no corporal punishment, only light punishments like facial tattoos or branding. Wearing straw sandals and ochre robes is not considered a real punishment, which is incorrect. If ancient governance was good, people would not commit crimes at all, so why would there be a need for corporal punishment? Not to mention those light punishments. If someone commits a crime and the punishment is very light, then murderers go unpunished, and those who inflict harm escape consequences. If the crime is serious but the punishment is light, the populace would be emboldened, and chaos will reign. The fundamental purpose of establishing criminal law is to deter violence and crime. If murderers go unpunished and those who harm others escape consequences, this is condoning violence! Therefore, those light punishments did not arise from the flourishing ancient times, but from the chaotic present. Titles, ranks, rewards, celebrations, and punishments must be in balance. Mismatches between virtue and rank, merit and reward, and crime and punishment are ominous signs. Quelling rebellion and executing traitors is the mark of a strong ruler. Murderers pay with their lives, and those who harm others are punished; this principle has been upheld by emperors throughout history, though its origins remain obscure. Therefore, in times of peace and prosperity, punishments are severe; in times of chaos, punishments are light. If you commit a crime in times of peace and prosperity, the punishment is severe; if you commit a crime in times of chaos, the punishment is light. As the *Book of Documents* states, 'Punishments vary in severity,' illustrating this very point." The principle of 'clear punishments' means that the law should reflect natural order; therefore, trivial penalties like wearing straw sandals and ochre robes are inappropriate.
Sun Qing is right. Let's analyze it from the perspective of popular opinion. He said that after Yu inherited the throne from Yao and Shun, he felt that his moral character was not as good as theirs, so he established corporal punishments. Tang and King Wu continued to use these punishments because things were much worse than in the time of Yao and Shun. Now, the Han Dynasty has inherited the aftermath of the decline of the Zhou Dynasty and the tyranny of the Qin Dynasty. Society is worse now than it was under Xia, Shang, and Zhou, yet the criminal laws still reflect the era of Yao and Shun. It's like trying to control a wild horse with a silken thread, which goes against the need to adapt to the times. Furthermore, the original intention of abolishing corporal punishment was to show compassion for the people. Now, with the removal of punishments like shaving the head and shackling, the use of the death penalty has increased to scare the common people. Doesn't this defeat the purpose? Therefore, the thousands of death row inmates each year are all due to the severity of the punishment. As for those who steal, fight and injure others, engage in promiscuity, and corrupt officials, light punishments like shaving the head are simply not enough to deter them. Hundreds of thousands are sentenced each year. The common people are neither afraid nor ashamed because the punishments are too lenient. Corrupt officials use killing thieves as a means of establishing authority, and those who specialize in killing are promoted and become wealthy, while those who act according to the law do not receive recognition. This undermines the legal system, creating countless problems. Therefore, even with strict prevention measures, it is impossible to stop evil. The heavier the punishment, the more unruly the people become. Generations of disregard for righteousness and centuries of brutality stem from this lack of ritual and justice.
We should seriously think about how to clean up the government, simplify the laws, cut back on some laws, and reduce the number of death penalty laws to around two hundred. For other crimes, bring back floggings and whippings for things like assault, theft, corrupt officials, and adultery. We should revert to corporal punishment for about three thousand offenses. Let's get rid of all the pointless, petty laws. This way, people will fear the punishment, and it’ll scare people straight. No more officials murdering innocent people, and there won't be any more confusing laws. Punishments will fit the crimes, protecting people's lives and being fair and just, like in the old days, which will help achieve social stability. We might not get back to the light punishments of the Cheng-Kang era, but at least we can strive to be as fair in judgments as Emperor Xiao Wen. The old saying goes: "Treat the people right, and Heaven will reward you," and as the old books say, "Do good work, and you'll live a long life." It's all about one person's good fortune bringing good luck to everyone.
