| | 五刑: |
圣人治天下,必有刑罚何?所以佐德助治,顺天之度也。故悬爵赏者,示有劝也;设刑罚者,明有所惧也。刑所以五何?法五行也。科条三千者,应天地人情也。五刑之属三千,大辟之属二百,宫辟之属三百,腓辟之属五百,劓、墨辟之属各千。张布罗众,非五刑不见。劓、墨何,其下刑者也。腓者其膑。宫者,女子淫,执置宫中,不得出也;丈夫淫,割去其势也。大辟者,谓死也。 |
| | Why must a sage ruler governing the world necessarily have punishments? This is to assist virtue and aid governance, in accordance with the measure of Heaven. Therefore, offering ranks and rewards demonstrates encouragement; Establishing punishments makes it clear that there are things to be feared. Why are five kinds of punishments established? They correspond to the Five Elements. The three thousand legal provisions correspond to the principles of Heaven, Earth, and human sentiment. The five categories of punishments include three thousand provisions: two hundred belong to the category of capital punishment (da bi), three hundred to castration (gong bi), five hundred to amputation of feet (fei bi), and one thousand each for nose-cutting (yi bi) and branding (mo bi). The arrangement and dissemination of laws among the people would not be evident without these five punishments. Nose-cutting (yi) and branding (mo) are the lesser forms of punishment. Fei refers to the amputation of the feet, which includes the removal of the kneecaps. Gong punishment for women means that those who commit adultery are taken and placed in the palace, where they may not leave; For men, it means having their genitals removed. Da bi refers to death.
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| | 五刑: |
刑不上大夫何?尊大夫。礼不下庶人,欲勉民使至于士。故礼为有知制,刑为无知设也。庶人虽有千金衣币,不得服。刑不上大夫者,据礼无大夫刑。或曰:挞笞之刑也。礼不及庶人者,谓酬酢之礼也。 |
| | Why is punishment not applied to high-ranking officials? To show respect for high-ranking officials. Rites do not extend to commoners, in order to encourage the people to strive and become scholars or gentlemen. Therefore, rites are established for those with knowledge, while punishments are set up for those without it. Commoners, even if they possess thousands of gold coins worth clothing and silk, may not wear them. The reason punishment does not apply to high-ranking officials is that according to rites, there are no punishments specifically for such officials. Some say: cancan punishments also belong to the category of corporal punishment. Rites not extending to commoners refers specifically to the etiquette of mutual hospitality and social interaction.
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