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Shang Yang (Lord Shang)
Rewards and Punishments Punishments should know no degree or grade, but from ministers of state and generals down to great officers and ordinary folk, whoever does not obey the king’s commands, violates the interdicts of the state, or rebels against the statutes fixed by the ruler should be guilty of death and should not be pardoned. Merit acquired in the past should not cause a decrease in the punishment for demerit later, nor should good behavior in the past cause any derogation of the law for wrong done later. If loyal ministers and filial sons do wrong, they should be judged according to the full measure of their guilt, and if among the officials who have to maintain the law and to uphold an office, there are those who do not carry out the king’s law, they are guilty of death and should not be pardoned, but their punishment should be extended to their family for three generations. Colleagues who, knowing their offense, inform their superiors will themselves escape punishment. In neither high nor low offices should there be automatic hereditary succession to the office, rank, lands, or emoluments of officials. Therefore I say that if there are severe penalties that extend to the whole family, people will not dare to try [how far they can go], and as they dare not try, no punishments will be necessary... [Wm. Theodore de Bary and Irene Bloom (editors), Sources of Chinese Tradition, 2nd Edition, Volume 1 (New York: Columbia University Press, 1999), p. 197.] Shen Buhai
Statecraft
If the ruler of men wishes to put an end to evil-doing, then he must be
careful
to match up names and results, that is to say, words and deeds.
The
ministers come forward to present their proposals; the ruler asigns
them
tasks on the basis of their words, and then concentrates on demanding
the
accomplishment of the task. If the accomplishment fits the task,
and
the task fits the words, then he bestows reward; but if they do not
match,
he doles out punishment. Hence, if one of the ministers comes
forward
with big words but produces only small accomplishments, the ruler
punishes
him, not because the accomplishments are small, but because they do not
match
the name that was given to the undertaking. Likewise, if one of
the
ministers comes forward with small words but produces great
accomplishments,
he too is punished, not because the ruler is displeased at great
accomplishments,
but because he considers the discrepancy in the name given to the
undertaking
to be a fault too serious to be outweighed by great accomplishments. Hanfeizi
Synthesizer of the Legalist Tradition If we had to depend on an arrow being absolutely straight by nature, there would be no arrow in a hundred generations. If we had to depend on a piece of wood being perfectly round by nature, there would not be any wheel in a thousand generations. There is not one naturally straight arrow or naturally round piece of wood in a hundred generations, and yet in every generation people ride carriages and shoot birds. Why? Because of the application of the methods of straightening and bending. Although there is is a naturally straight arrow or a naturally round piece of wood [once in a hundred generations] which does not depend on any straightening or bending, the skilled workman does not value it. Why? Because it is not just one person who wishes to ride and not just one shot that the archer wishes to shoot. Similarly, the enlightened ruler does not value people who are naturally good and who do not depend on reward and punishment. Why? Because the laws of the state must not be neglected and government is not for only one man. Therefore the ruler who has the technique does not follow the good that happens by chance but practices the way of necessity... [Wing-tsit Chan, A Source Book in Chinese Philosophy (Princeton: Princeton University Press, 1963), pp. 253-4.] Li Si
On the Abolition of Feudalism
The chancellor Wang Wan and others stated the opinion that, since the
feudal
rulers had just recently been defeated and the regions of Yan, Qi, and
Jing
were situated far from the capital, unless kings were set up in such
regions
it would be impossible to control them. They therefore requested
that
sons of the ruler be set up, if the emperor would be so kind as to give
his
approval. Li Si
Memorial on the Burning of the Books Your servant suggests that all books in the imperial archives, save the memoirs of Qin, be burned. All persons in the empire, except members of the Academy of Learned Scholars, in possession of the Classic of Odes, the Classic of Documents, and discourses of the hundred philosophers should take them to the local governors and have them indiscriminately burned. Those who dare to talk to each other about the Odes and Documents should be executed and their bodies exposed in the marketplace. Anyone referring to the past to criticize the present should, together with all members of his family, be put to death. Officials who fail to report cases that have come under their attention are equally guilty. After thirty days from the time of issuing the decree, those who have not destroyed their books are to be branded and sent to build the Great Wall. Books not to be destroyed will be those on medicine and pharmacy, divination by the turtle and milfoil, and agriculture and arboriculture. People wishing to pursue learning should take the officials as their teachers. [Sources of Chinese Tradition, pp. 209-10.] [The First Emperor said:] “I confiscated all the books from the empire and got rid of all those that were of not use....I have also directed people to question the various scholars residing in Xianyang, and it appears that some are spreading dubious stories in order to mislead the black-headed people!” He then ordered the imperial secretary to subject all the scholars to investigation. The scholars reported on one another in an attempt to exonerate themselves. Over 460 persons were convicted of violating the prohibitions, and were executed [note: the word translated here as “executed” is sometimes interpreted as “buried alive”] at Xianyang, word of it being publicized throughout the empire so as to act as a warning to later ages. [Records of the Grand Historian (Qin), p. 58.] |