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Virtue before Punishment and Punishment before Reward: a Comparative Study of Two Early Chinese Penal Virtue Theories

Abstract The silk manuscripts of Huang-Lao, unearthed at the Mawangdui Han Tombs, articulate a theory that advocates nurturing penal virtue through the prioritization of virtue before punishment. Many scholars have used Han Fei’s concept of xingde-erbing 刑德二柄 to explain the theory and give it context. Contrasted with Legalism, represented by Shang Yang and Han Fei, which emphasizes rewards and punishments – with Shang Yang advocating punishment before reward – the Huang-Lao doctrine extends beyond this dichotomy. It notably diverges in its exploration of the relationship between the heavens and humanity, as well as theories on motivations underlying human nature. Han Fei’s concept of the xingde-erbing fundamentally aligns with Shang Yang’s approach to governance through the mechanisms of punishment and reward. Moreover, Han Fei’s notion of yindao quanfa 因道全法 posits that sovereigns, by governing according to universal principles and fully understanding the law, can ensure state peace and deter major crimes. However, this concept is distinct from Huang-Lao thought, which does not share the same ideological framework as the reward-punishment methods of Shang Yang and Han Fei. The analogous approach of the prioritization of virtue before punishment found in Guanzi, which stresses that wise and virtuous monarchs govern by aligning their decrees with the natural progression of the seasons, is closely aligned with Huang-Lao philosophy. The present analysis clarifies the longstanding intellectual debates between Huang-Lao and Legalism, affirming the distinctiveness of Huang-Lao’s penal virtue theory and illuminating the conceptualization of the heaven-human relationship during the Warring States period.

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Tablets (Du) and Passages (Zhang): the Material Conditions for the Formation of Early Short Passage Texts

Abstract Several studies have addressed the question of whether the people of early China wrote with thin bamboo strips held in their hands or whether they wrote with the support of flat desks. However, scholars have not addressed the distinction between jian (bamboo strips) and larger du (wooden tablets) in everyday writing. In early China, tablets would be held in the hand to write, while strips would be laid flat on a writing desk. Tablets were the main medium of everyday writing during the period spanning the pre-Qin and Western and Eastern Han dynasties. In the drafting of various literary texts, taking court records, and taking classroom notes, tablets were the primary writing medium. Among written materials from before the Western Han dynasty, duan zhang (short passages) were the most common style of writing, and most texts were composed of short passages. Among the early Chinese manuscripts that have been unearthed, short passages are also very common. However, almost no one has raised the question of why a documentary system dominated by short passages was formed in the pre-Qin and Western and Eastern Han dynasties period. The number of characters that a writing tablet can accommodate essentially coincides with the number of characters in short passages in early Chinese manuscripts. In view of its wide use, I propose that the formation of the short passage form was potentially influenced by the material writing medium of the tablet.

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