editing the Odes, the Book, the Chou Rites, and the Music; by some
it is even thought that he not only edited but composed the Book
(of History), or put together afresh such parts of the old Book as
suited his didactic purposes. Meanwhile the private family
intrigues went on more actively than ever; until at last, in 501,
when Confucius was fifty years of age, the most formidable
agitator of them all, finding his position untenable, escaped to
Ts'i; it even seems that Confucius placed, or thought of placing,
his services at the disposal of one of these rebel subjects.
Possibly it was in view of such contingencies that the reigning
duke at last gave Confucius a post as governor of a town, where
his administration was so admirable that he soon passed through
higher posts to that of Chief Justice, or Minister of Justice.
Confucius' views on law are well known. He totally disapproved of
Tsz-ch'an's publication of the law in the orthodox state of Cheng,
as explained in Chapter XX., holding that the judge should always
"declare" the law, and make the punishment fit the crime, instead
of giving the people opportunities to test how far they could
strain the literal terms of the law. He also said: "I am like
others in administering the law; I apply it to each case; it is
necessary to slay one in order not to have to slay more. The
ancients understood prevention better than we do now; at present
all we can hope to do is to avoid punishing unjustly. The ancients
strove to save a prisoner's life; now we can only do our best to
prove his guilt. However, better let a guilty man go free than
slay an innocent one."
Public-domain text, read in full here on John Shaqi.
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