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Une édition électronique réalisée à partir du texte de J.J.-L Duyvendak (1889-1954), The Book of Lord Shang. A Classic of the Chinese School of Law. Traduit du Chinois avec introduction et notes de J.J.-L. Duyvendak. Londres: Arthur Probsthain, 1928. Une édition réalisée par Pierre Palpant, bénévole, Paris. Extraits B25. The Book of Shang. A Classic of the Chinese School of Law. Traduit en anglais, présenté et annoté par J. J.-L. DUYVENDAK. Extrait de l’Introduction : Biographie de Lord Shang The Lord of Shang was one of the descendants, by a concubine, of the family of Wei. His name was Yang, and his family name was Kiung‑sun. His ancestors had, originally, the surname of Chi. In his youth, he was fond of the study of criminal law ; he served Kung‑shu Tso, the Minister of Wei, and became chung‑shu‑tzŭ. Kung-shu Tso knew that he was capable, but before presenting him at court, it so happened that (Kung-shu) Tso fell ill. King Hui of Wei went personally to inquire after his illness and said :
Kung-shu Tso said :
The King was silent. When the King was on the point of leaving, Tso bade everyone go out, and laid :
The King assented and departed. Kung-shu Tso called Yang, and taking leave of him said :
Yang replied :
In the end he did not leave. As soon as King Hui had left, he said to his entourage :
As soon as Kung‑shu had died, Kung‑sun Yang heard that Duke Hsiao of Ch’in had issued an order, inviting the capable men throughout the country, in order to restore the heritage of Duke Mu, and to recover the occupied territory in the east. He, thereupon, went westward to p. 11 Ch’in and through Ching Chien, a favourite of Duke Hsiao, obtained an interview with Duke Hsiao. When Duke Hsiao received Wei Yang, they talked for a long time about affairs, but Duke Hsiao repeatedly fell asleep and did not listen. At the conclusion of the interview, he was angry with Ching Chien, saying :
Ching Chien reproved Wei Yang, who replied :
After five days he (Ching Chien) again requested that Yang be given an audience. At this second interview between Yang and Duke Hsiao, although, there was an improvement, yet he did not strike the Princes attention. When it was over, Duke Hsiao again reproved Ching Chien, who in turn reproved Yang. The latter said :
He (Ching Chien) requested that Yang be again given an audience, and when Yang was received by Duke Hsiao, the latter liked him, without, however, employing him. At the conclusion, when he had gone, Duke Hsiao said to Ching Chien :
Yang said :
When Wei Yang had another interview with Duke Hsiao, the Duke, in talking with him, did not himself notice that his (Wei Yang’s) knees had advanced on to his mat. He talked with him several days without being tired of it. Ching Chien said :
Yang replied :
As soon as Duke Hsiao employed Wei Yang, the latter desired to alter the laws, but the former feared that the Empire might find fault with him, whereupon Wei Yang said :
Duke Hsiao expressed his approval, but Kan-Lung said :
Wei Yang replied :
Tu Chih said :
Wei Yang replied :
Duke Hsiao said :
He made Wei Yang Tso‑shu‑chang. Finally he fixed the mandate by which the laws were altered. He ordered the people to be organized into groups of fives and tens mutually to control one another and to share one another’s punishments. Whoever did not denounce a culprit would be cut in two ; whoever denounced a culprit would receive the same reward as he, who decapitated an enemy ; whoever concealed a culprit would receive the same punishment as he, who surrendered to an enemy. People, who had two males or more (in the family), without dividing the household, had to pay double taxes. Those, who had military merit, all received titles from the ruler, according to a hierarchic ladder. Those, who had private quarrels, were punished according to the severity of their offence. Great and small had to occupy themselves, with united force, with the fundamental occupations of tilling and weaving, and those who produced a large quantity of grain or silk, were exempted from forced labour. Those, who occupied themselves with secondary sources of profit, and those who were poor through laziness, were taken on as slaves. Those of the princely family, who had no military merit, could not be regarded as belonging to the princely clan. He made clear the distinctions between high and low, and between the various ranks and degrees, each according to its place in the hierarchy. He apportioned fields, houses, servants, concubines, and clothes, all differently, according to the families. Those, who had merit, were distinguished by honours ; while those who had no merit, though they might be rich, had no glory whatever. When the mandate was already drawn up, but still unpublished, fearing that the people would not believe it, he placed a pole of 30 feet near the south gate of the capital, and having summoned the people, said that he would give ten ounces of gold to anyone, who could remove it to the north gate. The people thought it strange, but there was no one who dared move it. Thereupon, he said that he would give fifty ounces of gold to anyone who would remove it. There was one man, who removed it, and forthwith he gave him the fifty ounces of gold, to make it clear that he deceived no one. Finally the mandates were published. When they had been enforced upon the people for the term of a year, the people of Ch’in, who came to the capital and at first said that the laws were not appropriate, could be counted by the thousand. Then, the Crown Prince infringed the law. Wei Yang said :
The following day, the people of Ch’in all hastened into (the path of) the law. When it had been in force for ten years, the people of Ch’in greatly rejoiced : things dropped on the road were not picked up ; in the mountains there were no robbers ; families were self-supporting, and people had plenty ; they were brave in public warfare and timid in private quarrels, and great order prevailed throughout the countryside and in the towns. From among those of the people of Ch’in, who had at first said that the mandates were inappropriate, some came to say that the mandates were appropriate. Wei Yang said :
Thereupon, none of the people dared to discuss the mandates. Then was Yang appointed Ta‑liang tsao, and at the head of an army he laid siege to An‑i in Wei, and conquered it. After a lapse of three years, he built pillars for the issuing of mandates and constructed a palace at Hsien‑yang. Ch’in moved its capital from Yung thither, and an order was issued forbidding fathers and sons, elder and younger brothers from living together in the same houses ; the small cities, villages and towns were to be combined into districts, hsien, over which he placed officials called prefects, ling, and assistants, ch’eng, altogether thirty‑one districts. In order to obtain arable land he opened up the longitudinal and horizontal paths and the border country, and the fu and shui taxes were equalized ; he standardized weights, scales, and measures of quantity and length. After the orders had been in force for four years, Prince Ch’ien again infringed the law, and his nose was sliced off as punishment. After five years the people of Ch’in were rich and strong, and the Son of Heaven sent a present of sacrificial meat to Duke Hsiao, and all the feudal lords congratulated him. In the following year, Ch’i beat the army of Wei at Maling and captured their crown prince, Shen, and killed their general, P’ang Chüan. In the following year, Wei Yang counselled Duke Hsiao as follows :
Duke Hsiao con-sented and sent Wei Yang, at the head of an army, to attack Wei, while Wei sent Prince Ang at the head of its army to engage him in battle. When the armies were opposite each other, Wei Yang sent a letter to the general of Wei, Prince Ang, saying :
Prince Ang agreed to the proposal ; they met and made an alliance, and when all was over, sat drinking, when suddenly armed soldiers, hidden by Wei Yang, sprang forward and captured Price Ang. Following up this advantage, they attacked his army and completely destroyed it and then returned to Ch’in. King Hui of Wei, his army having been repeatedly beaten by Ch’i and Ch’in, being depleted of resources within the state and daily becoming weaker, was afraid, and sent a messenger to cut off the territory, west of the river, and to cede it to Ch’in, so as to make peace. Wei thereupon left An-i and removed its capital to Ta-liang. King Hui of Liang ( =Wei) said :
When Wei Yang had defeated Wei, on his return to Ch’in, he was awarded fifteen cities in Shang, as fief, and was called the Lord of Shang. When Lord Shang had been Chancellor of Ch’in for ten years, the majority of the members of the princely family and of the nobility bore him a grudge. Chao Liang went to see Lord Shang, who said :
Chao Liang replied :
Lord Shang said :
Chao Liang replied :
Lord Shang laid :
Chao Liang replied :
Lord Shang said :
Chao Liang replied :
The way in which Wu‑ku‑ta‑fu was councillor of Ch’in was, that, when he was tired, he did not sit in a carriage, in summer he did not spread out a sunshade, when he travelled in the country he did not have carts or mounts following him, nor men carrying shields and lances. His merits were preserved in the stores and granaries, and his virtuous conduct was displayed to later generations. When Wu‑ku‑ta‑fu died, the men and women of Ch’in shed tears, the children stopped singing, the threshers ceased to chant, while wielding their flails. Such was the virtue of Wu‑ku‑ta‑fu. Now, as for you, you have been received by the Prince, because you had the favourite, Ching Chien, as your patron ; therein lies nothing to give you a claim to fame. As councillor of Ch’in, you do not concern yourself over the people, but you grandly build pillars for the publication of mandates ; therein lies nothing that gives you a claim to merit. You punished and branded the tutor and teacher of the Crown Prince, you afflict and wound the people with severe punishments this piles up hatred and breeds disaster. Reforming the people, by instructing them, goes deeper than the mere issuing of commands ; making the people imitate the good example of the ruler is more expeditious than issuing mandates. Your Lordship takes improper measures and makes external alterations, but there is nothing that can lay claim to the name of instruction. Moreover, your Lordship sits with your face to the south and calls yourself “I, who am alone” and daily you restrain the nobles of Ch’in more. The Shih-ching says : Look at a rat, it has its limbs but a man shall be without ceremonial behaviour ! A man who has no ceremonial behaviour, how is it that he does not die at once. Looking at it from the point of view of this ode, there is nothing which gives you a claim to long life. Already for eight years has Prince Ch’ien bolted his door and has not gone out. Your Lordship has also killed Chu Kuan and branded Kung-sun Chia. The ode says : He who obtains men’s favour, flourishes, he who loses men’s favour, collapses. In all these matters there is nothing that gives you a claim to having obtained the favour of men ! Whenever your Lordship goes out, tens of carriages follow behind, the escorting carriages bear arms, and men of great strength and “with ribs joined together” act as the third on the war- chariots, men, who carry spears and bear halberds and lances, run alongside the carriages. Whenever one of these precautions should fail, your Lordship would certainly not go out. The Shu-ching says : He who relies on virtue, prospers, but he who relies on force, perishes. Your Lordship’s peril is like that of the morning dew. Do you still expect that your years will be prolonged and that your age will be increased ! Why then do you not return your fifteen cities, and water your garden in a rustic spot, encourage the King of Ch’in to bring to the front the scholars from their mountain peaks and grottoes, to nourish the old, to maintain the orphans, to respect fathers and elder brothers, to give rank to those who have merit and to honour those who have virtue, in order to have peace, to a slight extent. Your Lordship will still covet the riches of Shang and Yü, enjoy the privilege of instructing the state of Ch’in and accumulate the hatred of the people. But if the King of Ch’in should, of a morning, leave his guests and no longer stand in the Court, how slight would be the chance that the state of Ch’in would maintain your Lordship ! You would perish in no more time than is needed to lift up a foot ! The Lord of Shang did not follow this counsel, and, five months later, Duke Hsiao of Ch’in died, and the Crown Prince was set up as his successor. The partisans of Prince Ch’ien accused the Lord of Shang of planning a rebellion. Lictors were sent to arrest him, but he had fled to a place in the passes. When he desired to lodge at an inn, the innkeeper, not knowing that he was Lord Shang, said :
The Lord of Shang heaved a sigh, saying :
He left and went to Wei, but the people of Wei, who hated him for having tricked Prince Ang and for having defeated the hosts of Wei, refused to receive him . When the Lord of Shang wished to go to another country, the people of Wei said :
Thereupon, Lord Shang was forced to re‑enter Ch’in. As soon as the Lord of Shang had re-entered Ch’in, he hastened to the cities of Shang, and, combining with his followers, raised an army in these cities and marched to attack Cheng. Ch’in sent an army, which attacked the Lord of Shang and slew him at Min-ch’ih in Cheng. King Hui of Ch’in had him torn to pieces by chariots as an expiatory punishment, saying :
Thereupon, he exterminated the family of the Lord of Shang . The Great Astrologer says : « The Lord of Shang was naturally, in character, a hard and cruel man. When we find in his story that he tried to impress Duke Hsiao by the methods of the Emperors and Kings (we may be sure that) what he held forth was frivolous talk and did not represent his real nature. Further, after having succeeded in obtaining employment through the introduction of a favourite, he punished Prince Ch’ien, betrayed the Wei general, Ang, and did not follow the advice of Chao Liang, all of which facts show clearly that the Lord of Shang was a man of little favour. I have read the books on “Opening and Debarring” and on “Agriculture and War” , which are in keeping with the deeds he did. There is reason enough why he should have finally left a bad reputation in Ch’in. * Historical Criticism of the Life The Biography of the Shih-chi, considered as literature, is an excellent piece of work. The Lord of Shang, as a man, stands out clearly before us : a brilliant, ambitious, unscrupulous, courageous politician, a man with an original, independent mind, a statesman of real vision. All the important incidents in this remarkable career are staged in a highly dramatic manner. The historian has felt that here were opportunities of the first rank for creating a dramatic effect. Here was Ch’in, struggling for supremacy, and on its borders the state of Wei, dominating the gate to the fertile plains in the east. Here was the man, who would show Ch’in the way to power and glory, who would utterly defeat Wei, would seize the irredenta west of the Yellow River and thus lay the foundation for the success by which Ch’in, a century later, would stagger the world. And this man was a renegade, a traitor. His home had been in Wei, he had moved among the nobles of Wei, he had distinguished himself in the service of the Chancellor, but he had been spurned by the Duke ! Not only had the Duke deemed him totally incapable of succeeding his master in high office, but he had not even deemed it worth his while to have him killed in accordance with the curious alternative, which his dying minister with his last breath had set him. Not fit to live, not even fit to die, and the young ambitious scholar had turned his face westward, with a grim resolution to make the Duke of Wei bitterly repent his terrible mistake. Here was a life worth the pen of a master, and step by step we see it developing before our eyes. A picture full of colour is drawn : we see Wei Yang, at his first audiences with the Duke of Ch’in, trying to gauge of what stuff this prince is made, and finding him fast asleep when he talks in the conventional manner. At last he has sized him up, he has discovered in him a man full of impatient ambition like himself ; but lacking his intelligence and will-power. We see him eagerly and earnestly explaining his plans, sketching possibilities, and both become so absorbed in their conversa-tion that etiquette is forgotten and the Duke does not even notice that the kneeling courtier, whom he has deigned to receive, has moved so far forward that his knees are actually on the mat on which he himself is seated. The decisive meeting is described, where Wei Yang in trenchant words ridicules the Duke’s conservative ministers. Then power to realize his plans, a period of feverish activity, reform of the whole country in the teeth of opposition from all quarters, relentless execution of all his opponents and-supreme test of his power-punishment of the Crown Prince himself in the persons of his tutors. It is a period of preparation, of growing strength. Ch’in makes its power felt, it is recognized by the Chow ruler as the leader of the feudal lords, it presides over a meeting of the princes and there lays down the law, and Wei Yang triumphs. The feudal princes know that he is the ruling power in Ch’in, his name is beginning to be terrible, far beyond the frontiers of Ch’in. And then he strikes. Ch’in’s interest and his own vengeance are one : Wei must be destroyed. Personally he commands the army that invades Wei. He decoys the prince who leads the opposing forces ; they have been friends in the old days in Wei, but friendship is to him but an aid to vengeance. The prince is caught in a trap, swiftly and relentlessly he falls upon the unsuspecting army of Wei and deals it a deathblow. Wei’s power is broken, its capital is removed to the other side of the mountain passes, and Wei Yang, now the Lord of Shang, is triumphant. At the height of his power he is warned to beware. Proud and self‑confident he scorns the warning. But the end is not far. His protector, Duke Hsiao, dies, and is succeeded by none other than the Crown Prince whom Wei Yang once mortally offended. A conspiration against him is formed by the nobles, who detest him ; he flies, and victim of his own regulations against robbers and thieves finds no shelter anywhere. He attempts a desperate stroke ; he enters Wei and offers his services to the country which he once betrayed, willing to unmake the greatness of Ch’in which he alone has created. But Wei does not trust him and is going to extradite him to Ch’in. With a last desperate effort he makes his way to his own fief, assembles his adherents, invades the weak state of Cheng, in the hope of establishing himself there, but is surrounded by the pursuing troops of Ch’in and is killed in battle, brave to the last. A final gruesome touch is added : his body is torn to pieces by chariots and his family is exterminated.
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