Lawlec

焚書坑儒(fen shu keng ru; 213 BC)

• the burning of books and burying of Confucian scholars (fen shu keng ru) 'annihilated the Confucian learning'. (漢書 , 楚元王傳 57)
• Emperor Hui repealed Qin emperor's radical prohibition of possession of books containing Confucian teachings. (192 BC) 漢書 , 惠帝紀 四年 (除挾書律)
• Rulers of Han wished to resuscitate Confucian teachings, but suffered from lack of texts. 漢書 , 武帝紀 73 , 今禮壞樂崩 , 朕甚閔焉
• Dong Zhong Shu (董仲舒 179BC - 104BC),
• Wu Ti 武帝 (reign 141BC - 87BC),
• Si Ma Qian (司馬遷 145BC - 86BC), author of 史記
• Jesus (c. 4BC - CE 30)
• Ban Gu (班固 CE 32 - 92, author of 漢書) describes the cruel punishments practised during the short-lived Qin dynasty: "During the Warring States period, Han (韓) employed Shen Zi and Qin employed Shang Yang. They introduced collective punishments and execution of all related family members of a criminal. They increased bodily mutilation punishments such as boring of cranium, rib-removal and boiling. At the time of Qin Shi Huang (秦始皇), all Warring States were conquered and former king's laws have been destroyed and officials in charge of Li have been abolished. Governing was done entirely by punishments. The emperor personally scrutinised all the documents. During the day, he presided over trials. At night, he did the paperwork. ... However, crimes multiplied. Criminals in orange suit filled the streets. Prisons became crowded like busy markets. People all over the world had grievances and rebellions started.  Han (漢) dynasty was thus born and prospered. When Gao Zu entered the palace for the first time, he promised three chapters of law, that is, murderers shall be executed, those who cause injuries or commit theft shall be punished appropriately. The complicated and cruel punishments of Qin were thus abolished. Countless people were overjoyed."
• 至於戰國, 韓任申子，秦用商鞅，連相坐之法，造參夷之誅；增加肉刑、大辟，有鑿顛、抽脅、鑊亨之刑。至於秦始皇，兼吞戰國，遂毀先王之法，滅禮誼之官，專任刑罰，躬操文墨，晝斷獄，夜理書，... 。而姦邪並生，赭衣塞路，囹圄成市，天下愁怨，潰而叛之。漢興，高祖初入關，約法三章曰：「殺人者死，傷人及盜抵罪。」蠲削煩苛，兆民大說 (漢書, 刑法志, 12-14)

1. Suppression of 'false' opinions

In my humble opinion, anything other than the six arts and Confucian subjects should be banned and not be presented. When false and extreme theories are annihilated, the opinions can be unified and the law shall become clear and people will know what to obey. 臣愚以為諸不在六藝之科孔子之術者，皆絕其道，勿使並進。邪辟之說滅息，然後統紀可一而法度可明，民知所從矣。(漢書 , 董仲舒傳 39)

2. Genesis

'Heaven, earth, and man: they are the root of everything. Heaven creates, the earth rourishes, and man completes. Heaven creates with filial piety (xiao) and fraternal love (ti), the earth rourishes with food and cloth, and man completes with ethics and music.

'Failure to have filial piety and fraternal love is to lose what you are created with, failure to have food and cloth is to lose what you are to be reared with, failure to have ethics and music is to lose what you are to complete everything with.' (春秋繁露, 立元神 1)

• Superior position of xiao and ti
• They became an absolute, ineluctable code of human conduct made in heaven. They are 'baked' in all of us.
• Humans may be made by humans; but filial piety is made in heaven?

Being true (正) means to be true to what Heaven ordained as human nature. Heaven ordained humans to do 仁義 and to have shame - unlike the wild beasts. 正也者，正於天之為人性命也。天之為人性命，使行仁義而羞可恥，非若鳥獸然 (春秋繁露 , 竹林 4)

3. 陽尊陰卑 (Yang is noble; Yin is base)

• Ancient tradition: Harmony between Yin and Yang
  • Now Yin, now Yang. This is called Dao. Continuing this is good. Completing this is the nature. A man of integrity would call it integrity. A man of wisdom would call it wisdom. 周易 , 繫辭上 5 ( 一陰一陽之謂道 , 繼之者善也 , 成之者性也 。 仁者見之謂之仁 , 知者見之謂之知)
  • Dao brings forth one, one brings forth two, two bring forth three, three bring forth everything. Everything is equiped with yin and contains yang. Mixture of these two energies makes harmony.' 道生一，一生二，二生三，三生萬物。萬物負陰而抱陽，沖氣以為和 (道德經 42)
  • 'How great is yang! With yang begins everything. How vast and permeating is yin! With yin is created everything.'
  • Thus, Yin Yang and four seasons are the end and the beginning of everything and the root of death and life. If you go against them, disasters will appear. If you obey them, terrible diseases will not arise. This is called enlightenment. 故陰陽四時者，萬物之終始也，死生之本也，逆之則災害生，從之則苛疾不起，是謂得道。 (黃帝內經 , 素問 , 四氣調神大論 3)
• However, Dong Zhong Shu advanced a completely new vision: Cosmic struggle between Yang and Yin and Yang's suppression of Yin (陽尊陰卑):
  • Yang is the virtue of the almighty Heaven; Yin is the punishment of the almighty Heaven. 陽者天之德也 , 陰者天之刑也 (春秋繁露, 陰陽義)
  • Everything bad belongs to Yin. Everything good belongs to Yang. Yang is virtue. Yin is punishment. 惡之屬盡為陰，善之屬盡為陽。陽為德，陰為刑。(春秋繁露, 陽尊陰卑)
  • To control all evils which reside within and to forbid them from manifesting themselves without, that is our mind (xin). That is why mind is called the 'thin branch' (栣眾惡於內，弗使得發於外者，心也，故心之為名，栣也。) Just as Heaven forbids yin, so in our body too, emotions and desires must be forbidden. As the dim light of moon (yin) is permanently suppressed by the brilliant light of sun (yang), all that the moon can do is to become full only to lose its fullness. The almighty Heaven thus forbids yin. Likewise, we should forbid desires and stifle emotions. That is to be in tune with Heaven. (天有陰陽禁，身有情欲，與天道一也。是以陰之行不得干春夏，而月之魄常厭於日光。乍全乍傷，天之禁陰如此，安得不損其欲而輟其情以應天。). What the almighty Heaven forbids, human body forbids too. That is why it is said that human body is just like Heaven. To forbid what Heaven forbids is not forbidden by Heaven. 天所禁而身禁之，故曰身猶天也。禁天所禁，非禁天也。(春秋繁露, 深察名號)
  • Dong's "explanation" for the supremacy of Yang:
    • Days are counted on the basis of daylight rather than night. (故數日者，據書而不據夜)
    • Years are counted on the basis of Yang, rather than Yin. (數歲者，據陽而不據陰)
    • Men, though they may be base, are nevertheless Yang. Women, though they may be noble, are nevertheless Yin. (丈夫雖賤皆為陽，婦人雖貴皆為陰)
    • The Yang force comes out of the earth in the first month (the 'correct' month); makes all things live and grow; and completes its work in 10 months. Humans also are completed in 10 months. This is in accord with the heavenly number. (陽氣以正月始出於地，生育長養於上。至其功必成也，而積十月。人亦十月而生，合於天數也)
    • Therefore, Yang force comes out from North East and returns into North West. It blossoms in early spring and it ends in early winter. (故陽氣出於東北，入於西北，發於孟春，畢於孟冬)
    • When Yang force begins to come out, things also begin to come out. When Yang force is lush, things are also lush. When Yang force begins to wither, things also begin to wither. Things follow the Yang force's coming and going. Numbers also follow the Yang force's beginning and ending. (陽始出，物亦始出；陽方盛，物亦方盛；陽初衰，物亦初衰。物隨陽而出入，數隨陽而終始)

• Supression of cruel punishments
  • The air of yang is warm but the air of yin is cold. Yang gives but yin takes away. Yang is benevolent, yin is perverse. Yang is generous, yin is harsh. Yang is love, yin is hatred. Yang is life, yin is death. 陽氣暖而陰氣寒，陽氣予而陰氣奪，陽氣仁而陰氣戾，陽氣寬而陰氣急，陽氣愛而陰氣惡，陽氣生而陰氣殺 ... For these reasons, the method of Heaven is that yang is kept close and yin is kept remote. Virtue must be emphasised, punishment should not be emphasised. Successful accomplishment of the world may not be achieved by relying on punishments. This is just like you may not leave the task of completing the year to yin. Governing through punishments may be called as going against Heaven. That is not the kingly way. 是故天數右陽而不右陰，務德而不務刑。刑之不可任以成世也，猶陰之不可任以成歲也。為政而任刑，謂之逆天，非王道也 (春秋繁露, 陽尊陰卑)
  • Yin is the air of punishment. Yang is the air of virtue. ... Spring (春) means happiness (偆偆). Autumn (秋) means sadness (湫湫). ... Death is sad. Life is happy. Spring grows to be summer. Autumn diminishes into winter. ... Therefore, love should be offered first before meting out stern punishment. The obvious truth of Heaven is that life should be celebrated and death should be mourned. (春秋繁露 , 王道通三)
• Permanent submission to the king, to the father and to the husband
  • 'The ruler is yang; the minister is yin; the father yang, the son yin, husband yang, wife yin.' 君為陽，臣為陰；父為陽，子為陰；夫為陽，妻為陰。(春秋繁露, 基義)
  • Although Meng Zi already displayed misogyny ('The way of girls and ladies is to follow. They are right when they follow.' 無違夫子 以順為正者，妾婦之道也 (滕文公下 2)) and submission to the father (If you do not obey your father, you cannot be a son. 不順乎親 , 不可以為子, 離婁上 28), Dong Zhong Shu marks the beginning of absolutist ideology where the king, the father and the husband can NEVER be disobeyed (because they are yang and because yin must always obey yang)
  • The ruler who received the heavenly commandment is approved by the will of Heaven. That's why he is called the son of Heaven. It means that the ruler must regard Heaven as his father. He must respect and worship Heaven with filial piety. The name 'feudal lords (侯 hou)' means that they must seek how (候 hou) to serve the son of Heaven. their vassals and uphold the son of Heaven. The name 'great ministers (大夫 da fu)' means that their loyalty, trustworthiness, propriety and rightness must be greater (大 da) than ordinary people. The name 'officers (士 shi)' means that they must serve (事 shi) their superiors. The name 'people (民 min)' means that they are stupid and virtually blind (瞑 ming). 受命之君，天意之所予也。故號為天子者，宜視天如父，事天以孝道也。號為諸侯者，宜謹視所候奉之天子也。號為大夫者，宜厚其忠信，敦其禮義，使善大於匹夫之義，足以化也。士者，事也；民者，瞑也。(深察名號)
  • compare: 君君臣臣父父子子 (顔淵 12.11)

4. 仁, Love thy neighbour

• Love, love, love. Don't fight! No need to fight, no reason to fight.
  • What is 仁? 仁 is to have the aching and sad feelings of love, to have the utmost intent to achieve harmony without fighting, to regulate your likes and dislikes in accordance with the code of conduct, not to have the intent to hurt or to hate, not to harbour ill feelings, not to have jealousy, not to have sad desires, not to have sinister schemes and not to do any devient or evasive action. Therefore, your mind is at ease, your will is serene, your energy is harmonious, your desire is under control, your affairs are effortlessly done, your conduct is in line with the Way. In this way, you achieve peace, ease, harmony and reason and thus have no reason to fight. This is called 仁. (必仁且知 2)
• First take the plank out of your own eye; don't judge your neighbour
  • 仁 (ren) means to give comfort to others (人 ren). Rightness (義 yi) means to correct myself (我 wo). This is why 仁 sounds like 人 and 義 sounds like 我. You must realise that 仁 is about others; 義 is about correcting myself. ... The method of 仁 consists in loving others; it does not consist in loving oneself. The method of 義 consists in correcting myself; it does not consists in correcting others.
  • Be not judges of others, and you will not be judged; do not condemn others and you will not be condemned. Seek instead to correct yourself and keep yourself from sin (zheng wo 正我). (仁義法)

5. Dong Zhong Shu's theory of Omen

• Small scale disasters are the cautions of Heaven. Major catastrophes are the threats sent by Heaven. When the caution does not work, Heaven terrifies men with threats. The root of all disasters and catastrophes lies in misgovernment. When things in government begin to go wrong, Heaven brings forth small scale disasters to issue the caution. When people are thus cautioned, and nevertheless fail to reform, Heaven shows major catastrophes to shock people. If, even after this shock treatment, people still do not fear the wrath of Heaven, serous disasters will strike really hard. So, we may understand that Heaven's will is benevolent [He loves us]. He does not mean to trap us in hardship (天意之仁而不欲陷人也). 必仁且知 4
• cf. The Master did not talk about strange events, natural disasters, disruptions or gods.     子不語怪，力，亂，神。(Lunyu 7.21)

6. Heaven's love is limitless, boundless and endless

• Heaven is 仁. Heaven oversees and raises everything. Heaven creates, raises and completes. Heaven's work is never ending. When it ceases, it begins again. Everything it does redounds to serving people. If you carefully observe Heaven's intent, you will realise that Heaven's 仁 is limitless, boundless and endless (wu qiong ji 無窮極之仁也). ... Heaven always have the intent to love and to give benefit to people. (王道通三)
• I know Heaven's love (愛) for people is great. This is because he laid out the sun, the moon and the stars and guides them brilliantly; he created the four seasons and leads them in order; he makes the snow, frost, rain and dews fall so that five grains and hemp can grow; he lets the people harvest them so that these materials can benefit them; he made the mountains, rivers and valleys; and he disposes and propagates all things therein. He superintends the people's conducts good and bad. He installs the kings, dukes, counts, viscounts to rule the people. He rewards the talented; punishes the violent. He provides the metal, wood, birds and animals in abundance. He tends five grains and hemp so that people can have them as food and clothes. Of old until now, it has always been like this. Now, imagine a person dearly loved his son and did everything to benefit him. If the son grows and does not reciprocate the father's love, all noble men of the world will say that it is immoral and blasphemous. Heaven loves everything on earth and shower benefits on us by providing all these things. Look at even the smallest tip of a hair. There is nothing which is not the work of Heaven. 墨子 , 天志中 6

子曰 : 「 天何言哉 ? 四時行焉 , 百物生焉 , 天何言哉 ? (陽貨 17.19)

The Mater said, "Does Heaven say anything? Four seasons come and go. All sorts of things are born. Does Heaven say anything?"