商君列傳

Lord Shang was a scion of the ducal house of Wei — a son born of a concubine — named Yang, of the Gongsun clan, whose ancestors bore the Ji surname. In his youth, Yang was devoted to the study of law and statecraft. He served as a household retainer under Gongshu Zuo, the chancellor of Wei. Gongshu Zuo recognized his talent but had not yet found the occasion to recommend him. Then Gongshu Zuo fell ill. King Hui of Wei came in person to inquire after him and said: "If your illness should prove fatal, what will become of the state?" Gongshu Zuo replied: "My retainer Gongsun Yang is young, but he possesses extraordinary ability. I beg Your Majesty to entrust the entire state to him." The king was silent. As the king was about to leave, Gongshu Zuo dismissed his attendants and said privately: "If Your Majesty will not employ Yang, then you must kill him — do not let him leave the country." The king agreed and departed. Gongshu Zuo then summoned Yang and apologized: "The king just asked me who could serve as chancellor. I named you, but the king's expression showed he would not consent. I put my ruler's interests before my retainer's, so I then told the king that if he would not use you, he should kill you. The king agreed. You must flee at once — you are about to be seized." Yang replied: "If the king cannot follow your advice to employ me, how could he follow your advice to kill me?" In the end, he did not leave. After King Hui departed, he said to his attendants: "Gongshu Zuo is gravely ill — how pitiful. He wants me to entrust the state to Gongsun Yang. Is that not absurd?"

After Gongshu Zuo died, Gongsun Yang heard that Duke Xiao of Qin had issued a decree throughout the realm seeking men of talent, intending to restore the legacy of Duke Mu and recover the territories lost in the east. Yang accordingly traveled west into Qin and, through the duke's favorite retainer Jing Jian, secured an audience with Duke Xiao. When Duke Xiao first met Wei Yang, they spoke at length, but the duke kept dozing off and did not listen. Afterward, Duke Xiao rebuked Jing Jian: "Your guest is a fool — what use could he possibly be?" Jing Jian relayed the rebuke to Wei Yang. Yang said: "I spoke to the duke about the Way of the Emperors, but his mind could not grasp it." Five days later, he requested another audience. Yang saw Duke Xiao again and spoke more fully, yet still did not hit the mark. Afterward, the duke again rebuked Jing Jian, and Jing Jian in turn rebuked Yang. Yang said: "I spoke to the duke about the Way of Kings, but it did not penetrate. Let me see him once more." Yang saw Duke Xiao again. The duke found his ideas good but did not yet employ him. After Yang left, the duke told Jing Jian: "Your guest is good — I can talk with him." Yang said: "I spoke to the duke about the Way of Hegemony. He wants to use it. If he truly grants me another audience, I know what to do." Wei Yang saw Duke Xiao once more. The duke was so absorbed in conversation that he unconsciously edged forward on his mat. They talked for several days without tiring of it. Jing Jian asked: "How did you win over my lord? His delight is extraordinary." Yang replied: "I spoke to the duke of the Way of Emperors and Kings, comparing it to the Three Dynasties, but the duke said: 'That is too distant — I cannot wait. A worthy ruler should make his name famous in his own lifetime. How can one sit idle for decades or centuries waiting to become an emperor or king?' So I spoke to him of the techniques for strengthening the state, and the duke was greatly pleased. But by this path it will be hard to match the virtue of Yin and Zhou."

Once Duke Xiao had decided to employ Wei Yang, Yang wished to reform the laws but feared criticism. Wei Yang said: "He who hesitates in action wins no reputation; he who doubts in his undertakings achieves no results. Moreover, one whose conduct rises above the common is sure to be condemned by the world, and one whose insight stands alone will certainly be mocked by the people. The foolish cannot see a thing until it is accomplished; the wise perceive it before it has begun to sprout. One cannot deliberate beginnings with the people, but one can share the joy of completion with them. He who discourses on the highest virtue finds no harmony with convention; he who achieves the greatest deeds does not take counsel with the crowd. Therefore the sage, if he can strengthen the state, does not follow precedent; if he can benefit the people, he does not observe old rites." Duke Xiao said: "Good." Gan Long objected: "Not so. The sage teaches without changing the people; the wise man governs without altering the law. Teach in accordance with the people and you succeed without effort; govern in accordance with existing law and officials are practiced and the people at ease." Wei Yang replied: "What Gan Long says is the talk of the common world. Ordinary men are comfortable with old customs; scholars are mired in what they have heard. These two types may hold office and keep to the rules, but they are not the ones to discuss what lies beyond the rules. The Three Dynasties each had different rites, yet each became king; the Five Hegemons each had different laws, yet each achieved hegemony. The wise create law; the foolish are ruled by it. The worthy reform rites; the unworthy are bound by them." Du Zhi said: "Unless the benefit is a hundredfold, do not change the law; unless the gain is tenfold, do not alter the instruments. Following antiquity incurs no fault; observing rites invites no error." Wei Yang replied: "There is no single Way to govern the age; there is no need to imitate antiquity to benefit the state. Tang and Wu did not follow the ancients, yet they became kings; Xia and Yin did not change their rites, yet they perished. Those who depart from antiquity cannot be condemned, and those who adhere to rites cannot be praised." Duke Xiao said: "Good." He appointed Wei Yang as Left Chief of the Multitudes and finalized the decree to reform the laws.

He ordered the people to be organized into groups of five and ten households, mutually responsible for surveillance, with collective punishment for the group. Those who failed to report crimes were cut in half at the waist; those who reported crimes received the same reward as for taking an enemy head in battle; those who harbored criminals received the same punishment as for surrendering to the enemy. Families with two or more adult sons who did not divide into separate households had their taxes doubled. Those who won military merit received noble rank according to a fixed scale; those who engaged in private brawls received punishments proportional to the severity. Those who devoted themselves to the fundamental occupations of farming and weaving and produced large quantities of grain and cloth were exempted from corvée labor. Those who pursued secondary profits from trade or who became poor through idleness were seized together with their wives and children and made bond-servants. Members of the ducal clan who lacked military merit were removed from the register of nobility. Distinctions of rank and status were made explicit: fields, residences, servants, and clothing were all assigned according to rank. Those with merit were honored with glory; those without merit, however wealthy, could claim no distinction.

When the laws were fully drafted but not yet promulgated, Yang feared the people would not trust them. He had a thirty-foot timber erected at the south gate of the capital marketplace and offered a reward of ten units of gold to anyone who could move it to the north gate. The people thought it strange, and no one dared try. He then said: "Anyone who moves it will receive fifty units of gold." One man moved it, and he was immediately given fifty gold — to make clear that there would be no deception. Only then were the laws promulgated.

After the laws had been in force for a full year, people from throughout Qin who came to the capital to complain that the new laws were inconvenient numbered in the thousands. At that point, the crown prince violated the law. Wei Yang said: "The law fails to be enforced because those above are the first to break it." He prepared to punish the crown prince. But the crown prince was the ruler's heir and could not be subjected to punishment, so instead he punished the prince's tutor Gongzi Qian by cutting off his nose, and branded the prince's teacher Gongsun Jia. The next day, all the people of Qin obeyed the laws. After ten years in force, the people of Qin were greatly pleased: nothing was picked up from the roads, there were no bandits in the mountains, every household had enough, and every person was provided for. The people were brave in public warfare and timid in private brawls, and the towns and villages were well governed. Some who had initially complained that the laws were inconvenient now came to say they were convenient. Wei Yang said: "These are all people who disrupt good order" — and banished every one of them to the frontier. After that, no one dared to criticize the laws.

Yang was then appointed Grand Master of Works. He led troops to besiege Anyi, the Wei capital, and forced its surrender. Three years later, he built gate-towers and a palace compound at Xianyang, and Qin moved its capital there from Yong. He issued a prohibition against fathers and sons or brothers dwelling together in the same room. He consolidated the small townships into counties, appointing magistrates and vice-magistrates for each — thirty-one counties in all. He opened up the field boundaries, abolishing the old ridge-path system, and equalized taxation. He standardized the measures for capacity, weight, and length. After four years in force, Gongzi Qian again violated the laws, and his nose was cut off. After five years, the people of Qin were rich and strong. The Son of Heaven sent sacrificial meat to Duke Xiao, and all the lords sent congratulations.

The following year, Qi defeated the Wei army at Maling, captured Crown Prince Shen, and killed General Pang Juan. The year after that, Wei Yang persuaded Duke Xiao: "The relationship between Qin and Wei is like a man with a disease in his vitals — either Wei will swallow Qin or Qin will swallow Wei. Why? Wei sits west of the strategic passes, with its capital at Anyi, bordering Qin across the Yellow River while monopolizing the resources east of the mountains. When Wei is strong, it invades Qin from the west; when Wei is weak, it consolidates territory in the east. Now, thanks to Your Lordship's sagacity, the state thrives. Wei was badly beaten by Qi last year, and the lords have turned against it. This is the moment to attack Wei. If Wei cannot withstand Qin, it must retreat eastward. Once it does, Qin will hold the security of the Yellow River and the mountains, face east, and command the lords — this is the enterprise of an emperor." Duke Xiao agreed and sent Wei Yang to lead the campaign against Wei. Wei sent Prince Ang to command against him. When the two armies faced each other, Wei Yang sent a letter to Prince Ang: "You and I were once friends. Now we are both generals of rival states, and I cannot bear to attack you. Let us meet face to face, swear an oath, drink in good cheer, and withdraw our armies to bring peace to Qin and Wei." Prince Ang agreed. After the oath ceremony and drinking, Wei Yang had armed soldiers spring from ambush to seize Prince Ang, then attacked his army and routed it completely before returning to Qin. King Hui of Wei, his forces repeatedly broken by Qi and Qin, his country hollowed out and shrinking by the day, was frightened. He sent envoys to cede the territory west of the Yellow River to Qin and sue for peace. Wei then abandoned Anyi and moved its capital to Daliang. King Hui of Liang said: "I regret that I did not heed the words of Gongshu Zuo." After Wei Yang's victory over Wei, Qin enfeoffed him with fifteen towns in the Shang region, and he was titled Lord Shang.

Lord Shang had served as chancellor of Qin for ten years, and many among the ducal clan and great families resented him. Zhao Liang came to see Lord Shang. Lord Shang said: "I first came to know you through Meng Langgao. Now I wish to form a friendship with you — may I?" Zhao Liang replied: "I dare not presume. Confucius once said: 'He who advances by promoting the worthy will prosper; he who rules by gathering the unworthy will decline.' I am unworthy, and therefore dare not accept your offer. I have heard it said: 'To occupy a position that is not yours is greed for position; to claim a reputation that is not yours is greed for reputation.' If I were to accept your friendship, I fear I would be guilty of both. Therefore I dare not comply."

Lord Shang said: "Are you not pleased with my governance of Qin?" Zhao Liang replied: "Listening to contrary views is called perceptiveness; looking within oneself is called clarity; conquering oneself is called strength. Emperor Shun once said: 'To humble oneself is the highest.' My lord would do better to follow the way of Shun — there is no need to question me."

Lord Shang said: "When I first came, Qin followed the customs of the Rong and Di barbarians — fathers and sons made no distinction, living together in the same room. Now I have reformed their customs, established the separation of men and women, built great gate-towers, and made the capital as fine as Lu or Wei. Looking at my governance of Qin, how do I compare with the Minister of Five Ram-Skins?"

Zhao Liang said: "A thousand sheepskins are not worth one fox's armpit fur; a thousand men's 'yes, yes' is not worth one honest man's blunt counsel. King Wu prospered through blunt counsel; King Zhou of Yin perished through silence. If my lord does not fault King Wu, then let me speak frankly all day without punishment — may I?"

Lord Shang said: "There is a saying: 'Flattering words are flowery; truthful words are plain; bitter words are medicine; sweet words are disease.' If you will truly speak frankly all day long, that is my medicine. I will serve you as my teacher — why refuse?"

Zhao Liang said: "The Minister of Five Ram-Skins was a rustic man from Chu. When he heard of Duke Mu of Qin's virtue, he wished to see him, but had no money for the journey, so he sold himself as a slave to a Qin traveler, wearing coarse cloth and feeding cattle. After a year, Duke Mu learned of him, raised him up from among the cattle, and placed him above the people. No one in Qin dared look down on him. He served as Qin's chancellor for six or seven years: he attacked Zheng in the east, three times installed rulers of Jin, and once rescued Chu from disaster. He issued decrees within the borders and the people of Ba sent tribute; he extended virtue to the lords and the Eight Rong tribes submitted. Youyu heard of it and knocked at the pass to request an audience. When the Minister of Five Ram-Skins served as Qin's chancellor, he did not ride in a carriage when tired, did not raise a canopy when it was hot, traveled through the country without carriages or armed escorts, and did not carry shields or spears. His merit was stored in the state treasury; his virtue was bestowed upon later generations. When the Minister of Five Ram-Skins died, men and women throughout Qin wept, children stopped their songs, and those pounding grain stopped keeping time. Such was his virtue.

"Now consider, my lord: you gained access to the King of Qin through the favorite Jing Jian — that is no path to honor. As chancellor, you did not concern yourself with the welfare of the common people but built great gate-towers — that is no path to merit. You mutilated and branded the crown prince's tutor and teacher, and you maim the people with cruel punishments — that is storing up resentment and breeding disaster. The influence of example transforms the people more deeply than commands; the people model themselves on their superiors more quickly than they obey orders. Now you rule through contrived schemes and forced change — that is no path to moral influence. You sit facing south and style yourself 'I,' daily constraining Qin's noble princes. The Odes say: 'The rat at least has a body; a man without propriety — a man without propriety, why does he not quickly die?' Judged by the Odes, this is no path to long life. Gongzi Qian has shut his door and not ventured out for eight years now; you have also killed Zhu Huan and branded Gongsun Jia. The Odes say: 'He who wins the people will rise; he who loses the people will fall.' These several things are no way to win people.

"When you go out, dozens of carriages follow behind, your escort carriages are loaded with armor, men of great strength with barrel chests serve as your outriders, and men carrying spears and halberds trot alongside your chariot. If even one of these is missing, you will not leave your door. The Documents say: 'He who relies on virtue will flourish; he who relies on force will perish.' Your danger is like the morning dew. Do you still hope to prolong your years? Then why not return the fifteen towns, retire to water your garden in the countryside, and urge the King of Qin to honor the recluses of cliff and cave, nourish the old, care for the orphaned, respect fathers and elder brothers, reward merit, and honor virtue? Then you might find a measure of safety. But you insist on coveting the wealth of Shang, monopolizing the governance of Qin, and hoarding the resentment of the people. If one day the King of Qin dismisses his guests and no longer holds court, those in Qin who would seize you — will they be few? Your destruction can be awaited on tiptoe."

Lord Shang did not heed him.

Five months later, Duke Xiao of Qin died and the crown prince took the throne. Gongzi Qian's associates accused Lord Shang of plotting rebellion, and officers were dispatched to arrest him. Lord Shang fled to a border pass and tried to lodge at an inn. The innkeeper, not knowing who he was, said: "Lord Shang's law requires that anyone who shelters a guest without identification papers be punished." Lord Shang sighed deeply and said: "Alas — so the harm of the laws has come to this!" He left for Wei. But the people of Wei, resenting him for deceiving Prince Ang and destroying their army, refused to receive him. Lord Shang wished to go to another state. The Wei people said: "Lord Shang is a criminal of Qin. For a powerful state like Qin to have its criminal enter Wei and not be returned is unacceptable." They sent him back to Qin. Having re-entered Qin, Lord Shang fled to his fief of Shang, rallied his followers and retainers, and raised the fief's troops to march north and attack Zheng. Qin dispatched an army against Lord Shang and killed him at Zheng Mianchi. King Hui of Qin had Lord Shang's body torn apart by chariots and displayed it, declaring: "Let no one rebel as Shang Yang did!" His entire clan was exterminated.

The Grand Historian remarks: Lord Shang was by nature a harsh and merciless man. When one traces his attempts to win over Duke Xiao with the arts of emperors and kings, one sees that he relied on inflated rhetoric — that was not his true nature. Moreover, he gained access through a court favorite; once in power, he punished Gongzi Qian, deceived the Wei general Ang, and refused to heed Zhao Liang's words. All of this is sufficient to reveal how little human feeling Lord Shang possessed. I once read Lord Shang's writings on Opening and Blocking and on Agriculture and Warfare — they are perfectly consistent with his actions. That he ended by earning an evil name in Qin was well deserved indeed!