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Chinese Text Project
Translation setting:[None] [English]

《五刑 - Five Punishments 》

English translation: AI and Chinese Text Project users [?] Library Resources
1 五刑:
冉有問於孔子曰:先王製法,使刑不上於大夫,禮不下於庶人,然則大夫之犯罪,不可以加刑,庶人之行事,不可以治禮乎。孔子曰:不然,凡治君子以禮義御其心,所以厲之以廉耻之節也。故古之大夫,其有坐不廉污穢而退放之者,則曰簠簋不飾,飾,整齊。有坐淫亂男女無别者,則曰帷薄不修,有坐罔上不忠者,則曰臣節未著,有坐疲軟不勝任者,則曰下官不職,言其下官不務務作稱其職,不斥其身也。有坐干國之紀者,則曰行事不請,言不請而擅行也。此五者,大夫既自定有罪名矣。而猶不忍斥然正以呼之也。既而為之諱,所以愧耻之,是故大夫之罪,其在五刑之域者,譴發則白冠氂纓,盤水加劍,造於闕而自請罪,君不使有司執縛牽掣而加之也。其有大罪者,聞命則北面再拜,跪而自裁,君不使人捽引而刑殺之也。曰:子大夫自取之耳,吾遇子有禮矣。是以刑不上大夫,而大夫亦不失其罪者,教使然也。凡所謂禮不下庶人者,以庶人遽其事而不能充禮,故不責之以備禮也。
Ran You asked Confucius, "The sage kings of old established laws and decrees that punishments would not be imposed upon the dafu (high officials), and rites would not extend to the shuren (common people). If this is so, then when a dafu commits a crime, can he not be punished? And if a common person acts in accordance with propriety, can they still be governed by rites?" Confucius said, "Not so. In general, the way to govern gentlemen is through propriety and righteousness to regulate their minds; this is done in order to inspire them with a sense of integrity and shame." Therefore, in ancient times, when a dafu was dismissed or exiled for being corrupt and unclean, it would be said that "his fu gui were not properly arranged." Shi, means to arrange neatly. Those who were dismissed for engaging in licentious behavior and failing to distinguish between men and women would be said to have "improperly maintained their curtains and screens." Those who were guilty of deceiving superiors and showing disloyalty would be described as having "not yet demonstrated the virtue of a loyal subject." And those who were removed due to weakness and inability to perform their duties would be called "ineffective in their official responsibilities," meaning that they, as subordinates, did not fulfill their duties properly.This refers to failure in fulfilling one's post, without directly censuring the person himself. Those who violated national regulations would be said to have "acted without seeking permission," meaning they acted on their own initiative without prior approval. These five categories are sufficient for a dafu to determine that he has already been assigned a specific charge of guilt. And yet, they still could not bear to openly and directly name them as such. Therefore, they would instead use euphemisms to refer to the offense, so as to bring about a sense of shame. Thus, when a dafu's crime fell within the scope of the five punishments, upon being censured and summoned, he would appear wearing a white hat with a long tassel, carrying a basin of water and placing a sword on it, and proceed to the palace gate to personally request punishment; the ruler would not have officials seize him by force or drag him into custody. If the dafu committed a grave offense, upon receiving the order he would bow twice facing north and then kneel to commit suicide; the ruler would not send others to seize him and execute him by force. It was said, "This is something you, Master Dafu, have brought upon yourself; I have treated you with propriety." Therefore, punishments do not descend upon the dafu, yet the dafu does not escape his guilt; this is due to the influence of moral instruction. The reason why rites do not extend downward to the shuren is that common people are preoccupied with their daily affairs and unable to fully engage in ritual practices; therefore, they are not held responsible for complete observance of rites.

URN: ctp:n416933