The Emperor Muh, whose energies we have already seen displayed in
Tartar conquests and exploring excursions nearly a millennium
before our era, was the first of the Chou dynasty to decide that
law reform was necessary in order to maintain order among the
"hundred families" (still one of the expressions meaning "the
Chinese people"). A full translation of this code is given in Dr.
Legge's Chinese classics, where a special chapter of The Book is
devoted to it: in charging his officer to prepare it, the Emperor
only uses the words "revise the punishments," and the code itself
is only known as the "Punishments" (of the marquess who drew it
up); although it also prescribes many judicial forms, and lays
down precepts which are by no means all castigatory. The mere fact
of its doing so is illustrative of reformed ideas in the embryo.
There is good ground to suppose that the Chinese Emperor's "laws,"
such as they were at any given time, were solemnly and periodically
proclaimed, in each vassal kingdom; but, subject to these general imperial
directions, the _themis_, _diké_ or inspired decision of the
magistrate, was the sole deciding factor; and, of course, the ruler's
arbitrary pleasure, whether that ruler were supreme or vassal, often
ran riot when he found himself strong enough to be unjust. For instance,
in 894 B.C., the Emperor boiled alive one of the Ts'i rulers, an act that
was revenged by Ts'i 200 years later, as has been mentioned in previous
chapters.
In 796 B.C. a ruler of Lu was selected, or rather recommended to
the Emperor for selection, in preference to his elder brother,
because "when he inflicted chastisement he never failed to
ascertain the exact instructions left by the ancient emperors."
This same Emperor had already, in 817, nominated one younger
brother to the throne of Lu, because he was considered the most
attractive in appearance on an occasion when the brethren did
homage at the imperial court. For this caprice the Emperor's
counsellor had censured him, saying: "If orders be not executed,
there is no government; if they be executed, but contrary to
established rule, the people begin to despise their superiors."
Public-domain text, read in full here on John Shaqi.
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