Download 2.3_Shang Yang Reform

Qin State vs. the Qin Dynasty
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The Qin State rose to
power during the
Warring States Period;
The Shang Yang
Reform paved the way
for its new status;
Rome wasn’t built in a
day.
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The Qin Dynasty (221 BC–
206 BC) marks a new era:
Imperial China;
This lasted all the way to the
Qing Dynasty (1644–1912).
Though the Qin Dynasty
didn’t last very long, its
political structure and its
ideology turned out to be
everlasting and
consequential.
Shang Yang Reform
ca. 390-338 BC
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a Chinese statesman
and political philosopher.
He was one of the
founders of Chinese
Legalism and organized
the rise to power of the
Ch'in dynasty.
The first reform: 359 BC;
The second reform: 350
BC;
Content of Shang Yang’s Reform
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Establish the county system--31 total for a
stronger centralized government 中央集权;
county magistrates are appointed directly by
the central government;
Household Registration system 户籍 and chain
punishment 连坐 to tighten the leash;
Grown up sons must live independently, which
enlarged the population for tax purpose;
Land Reform
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His most famous
economic reform was
the abolition of the
idealized system of
landholding known as
the "well-field system,"
in which a section of
land was divided into
nine portions, tilled by
eight families in
common, with the
produce from the ninth
portion reserved for the
overlord--廢井田
【fèijǐngtián】
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開阡陌【kāiqiānmò】
crisscross footpaths between
fields.
Basically get rid of boundaries,
carrying out private-ownership
by commoners.
This is a further development in
Guan Zhong’s land reform;
Private ownership marks a
break from that of the Zhou
Dynasty in which 分封制
【fēnfēngzhì】 the system of
enfeoffment dominated, (of the
Western Zhou Dynasty, c.11th.
century-771 B.C., investing the
nobility with hereditary titles,
territories and slaves).
重农轻商 来自商鞅
【zhòngnóngqīngshāng
láizì shāngyāng 】
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Central to Shang Yang's economic theory was an
[over] emphasis on agriculture and a rejection of
"nonessential" activities such as commerce and
manufacturing. He proposed that anyone engaging
in secondary professions be sold as slaves; different
from Guan Zhong’s model.
In ancient China, merchants and businessmen
suffered a bad reputation. Nowadays, many college
students flood into business schools…
Double-Edged Military Reform
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Establish a 20-rank
military system on the
one hand, and on the
other hand, eliminate
the old tenure system
(which fundamentally
challenged those
princes).
取【qǔ】 cut “ear” off to
claim credit
The goal is to set up
more centralized
government.
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据《漢書》記載：“商君
為法于秦，戰斬一首賜
爵一級，欲為官者五十
石”。
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According to Han shu or Book
of Han, Shang code regulates
that someone could be
promoted by one rank for one
chopped-off head in battle or
promoted as a minor officer
whose salary is 50 shi of grain;
a unit of dry measure for grain (
＝1 hectolitre)
Shang Yang’s Legal Code
Its Appeal lies in Equality
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Central to Shang Yang’s new law is equality by
which a prince be punished the same way as a
commoner.
王子犯法与庶民同罪 a prince who commits a crime
will be punished the same way as commoners.
Once the crown prince Ying Si 嬴駟 or Zhao Si 赵驷
committed a crime—he killed someone (during a tax
season when some cheating was involved), he was
sent to an exile; and his teachers Ying Qian and
Gongsun Jia was punished by 劓刑【yìxíng】
劓【yì】 cutting off the nose (a punishment in
ancient China)
Ying Si vs. Shang Yang
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Ying Si 赢驷 was the son of Duke Xiao 秦孝公, and
succeeded his father as ruler of Qin after the latter's death.
When Ying was still in his adolescent years as the crown
prince, he committed a crime and was severely punished
for it. Shang Yang was implementing his reforms to the
laws of Qin then, and he insisted that the crown prince
should be punished for the crime, regardless of his royal
status. Duke Xiao approved of the draconian punishments
and Ying Si's tutors, Prince Ying Qian and Gongsun Jia,
had their noses cut off, for neglecting their duties in
educating the crown prince, while Ying Si was banished
from the royal palace.
Shang Yang, a Chinese Draco
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It was believed that Ying Si harbored a personal
grudge against Shang Yang and when he came to
the throne as King Huiwen of Qin, Ying Si had
Shang Yang put to death on charges of treason.
However, King Huiwen retained the reformed
systems in Qin left behind by his father and
Shang Yang.
Draconian punishments
http://dictionary.reference.com/browse
/Draconian?s=t /translation function
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–adjective
1.of, pertaining to, or characteristic of Draco or his code
of laws.
2.(often lowercase ) rigorous; unusually severe or cruel:
Draconian forms of punishment.
Draco (pronounced /ˈdreɪ.koʊ/; from Greek Δράκων,
pronounced [ˈdra.kɔːn]) was the first legislator of ancient
Athens, Greece, 7th century BC. He replaced the
prevailing system of oral law and blood feud by a written
code to be enforced only by a court. Because of its
harshness, this code also gave rise to the term
"draconian".
Unified Ideology
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定秦律，“燔詩書而明法令”
Books burning (213 BCE) per Qin’s
Legal Code;
As a result, Qin, either as a state or as
an empire, did not leave much literature
behind; the landscape is barren. It is a
cultural wasteland.
Unification of Weight
and Measurement
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Unification in weight and measurement,
which paved the way for later regulations
standardized by Qinshihuang, the first
emperor in China.
Shang Yang’s Royal/Loyal Supporter
秦孝公Duke Xiao of Qin
(381 BC - 338 BC)
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Duke Xiao is best known for employing the
Legalist statesman Shang Yang from the Wei
state (衛), and authorizing him to conduct a
series of upheaving political, military and
economic reforms in Qin. Although the
reforms were potentially controversial and
drew violent opposition from many Qin
politicians, Duke Xiao supported Shang Yang
fully and the reforms did helped to transform
Qin into a dominant superpower among the
Seven Warring States.
秦孝公 Duke Xiao of Qin
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In a recent TV
series, The Great
Qin Empire, Duke
Xiao of Qin is
depicted more like a
brother to Shang
Yang than a king.
Posters
The Great Qin Empire
More brotherlike
Legalism: Rule by Law
Legalists: Shang Yang; Li Si; and Han Feizi
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Legalism was a system that proved to be quite effective in
gaining power but was problematic for establishing a
stable political power.
The doctrine of Legalism originated in the practical
political operations of the State of Qin.
In the 3rd century BCE, the philosopher Han Fei
developed an intellectual rationale for Legalism. Han Fei
argues that people need careful guidance by strong rulers
to live in an orderly society.
The Qin State, with Legalism as its ideology, succeeded
in ending the Warring States era.
Theoretical Rationale
for Shang Yang’s Reform
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The Left Landgrave of Qin, equivalent to chancellor
or the prime minister 丞相 in the mid-4th century
BCE was Shang Yang who set out the basic ideas of
Legalism.
The central principle of Legalism was the use of
rewards and punishments，two handles, to
produce conformity to the rule of clear and welldeveloped laws.
The law was to be applied uniformly and strictly to
both high and low so that everyone understood their
duties and knew the penalties for failing to fulfill
them.
Consult Xunzi: “Human Nature Is Evil” (worksheet on
the Three-Way Thought)
Is Human Nature Good or Evil?
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Implicit or explicit behind Shang Yang’s
model of rewards and punishments lies a
crucial question regarding whether human
nature is good or evil.
Xunzi or Xun Kuang: Human Nature Is Evil;
the essay is uploaded online on our class
website; (See Xun Kuang ppts)
Mencius: Human nature is good…(a baby
falling into a well…)
Western Perspectives
The original sin
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The original sin by
Augustine of Hippo
Ancestral sin or
collective sin;
The fall of man—Adam
and Eve were cast out
of the Garden of Eden
伊甸园—the Book of
Genesis;
Consult Biblegateway
http://www.biblegatewa
y.com/
Concupiscence
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Concupiscence
强烈的邪欲
1. sexual desire;
lust.
2. ardent, usually
sensuous, longing.
"hurtful desire"
Calvinist TULIP
加尔文的郁金香主义
The Five Points
of Calvinism
Total depravity 全然败坏
Unconditional election 无条件的拣选
Limited atonement 有限的救赎
Irresistible grace 不可抗拒的恩典
Perseverance of the saints 聖徒的堅忍
Thomas Hobbs 霍布斯
1588 – 1679
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English philosopher,
best known today for
his work on political
philosophy. His 1651
book Leviathan
established the
foundation for most of
Western political
philosophy from the
perspective of social
contract theory to curb
the evil nature of
human beings.
Tabula rasa 白板说
John Locke
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Tabula rasa, means
"blank slate" in Latin.
Female Figure (Sibyl
with Tabula Rasa) by
Diego Velázquez, c
1648
An Essay Concerning
Human Understanding,
1689
Confucius’ Dissatisfaction
with Legalism
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“Guide them by edicts, keep them in line
with punishments, and the common
people will stay out of trouble but will
have no sense of shame. Guide them
by virtue, keep them in line with the rites,
and they will, besides having a sense of
shame, reform themselves” (The
Analects 2.3).
Limit of Legalism
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Legalism nurtures heteronomy 他治，他律
rather than autonomy 自治, 自主;
Autonomy in Immanuel Kant’s definition
means self governing, out of the sense of
duty, doing the right thing for its own sake,
not for the benefits derived from it;
Heteronomy refers to the condition of being
under the domination of an outside authority,
either human or divine.
Two Idioms associated with
Shang Yang
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徙木为信
【 xǐmùwéixìn 】
Before the new law was
promulgated,
A three-yard pole to be moved
from the south gate to the north
gate for 50 gold pieces—to
establish credibility
Shiji 68: The Biography of
Lord Shang
See Burton Watson’s
translation: The Record of the
Grand Historian, Qin Dynasty
published by Columbia
University Press, page 93
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作法自毙
【zuòfǎzìbì】 make a law
only to fall foul of it
oneself; be hoist with or
by one's own petard; get
caught in one's own trap.
Right after Duke Xiao of
Qin passed away, Shang
Yang tried to escape. He
could not even check into
a hotel without an ID, a
law made by himself;
车裂【chēliè】 tearing a
person asunder by horse-drawn
chariots going in five
directions.
Guan Zhong vs. Shang Yang