Legalism: Crime & Punishment in Qin Dynasty China | WooKong

WooKong
12 Dec 202005:17

Summary

TLDRThe video explores the Qin Dynasty, China's first and one of its shortest dynasties, led by Emperor Qin Shi Huang. Known for unifying China, building much of the Great Wall, and establishing legalism, Qin's reign introduced standardized systems, harsh laws, and severe punishments. Legalism, the philosophy at its core, emphasized strict laws and discipline, contrasting with Confucianism. The video delves into how the Qin dynasty's influence persisted through subsequent dynasties and even modern China, leaving a profound impact on governance and society.

Takeaways

  • 🏛️ The Qin Dynasty was China's first and one of its shortest dynasties, lasting only 15 years.
  • 👑 Qin Shi Huang, the first emperor, unified China by defeating rival kingdoms, constructing the Great Wall, and commissioning the Terracotta Army.
  • 📜 Legalism, a strict philosophy, governed the Qin Dynasty, promoting laws for the benefit of the king and the kingdom rather than the people.
  • ⚖️ Under Legalism, citizens were expected to obey the laws and report suspicious activity, with punishments for failure to do so.
  • 🔍 The Qin legal system was advanced for its time, involving forensic methods and profiling, though it relied heavily on confessions, sometimes obtained through torture.
  • 💀 Punishments were severe, ranging from fines and mutilation to execution, often applied equally regardless of social rank, marking the first time Chinese law was uniformly enforced.
  • 🛠️ Slave labor was common, with criminals and captured enemies working on monumental projects like the Great Wall.
  • 🎖️ The Qin introduced a merit-based system where citizens could earn land through military service, helping to fund their expansion and consolidate power.
  • 📚 A discovery of a tomb in 1975 revealed a library of legal documents detailing Qin laws and punishments, providing insight into the daily life and governance of the time.
  • 🌏 The Qin Dynasty's influence, particularly through Legalism, left a lasting mark on China's governance, shaping future dynasties and even modern political systems.

Q & A

  • What was the significance of the Qin Dynasty in Chinese history?

    -The Qin Dynasty was significant for being the first dynasty to unify China and establish an empire. It introduced major reforms such as legalism, standardization of writing, currency, and infrastructure like the Great Wall.

  • Who was Qin Shi Huang, and what were his major achievements?

    -Qin Shi Huang, also known as Ying Zheng, was the first emperor of China. His major achievements include unifying China, constructing the Great Wall, creating the Terracotta Army, and implementing a centralized government based on legalism.

  • What is legalism, and how did it differ from Confucianism?

    -Legalism is a philosophy that promotes strict laws, harsh punishments, and rewards to maintain order. It contrasts with Confucianism, which believes in moral cultivation, respect for traditions, and the inherent goodness of people.

  • How did the Qin legal system affect the daily lives of citizens?

    -The Qin legal system required citizens to follow strict laws, and individuals were expected to report any suspicious activity. Failure to do so could result in severe punishments, creating an environment of fear and mistrust among neighbors.

  • What role did forensics and policing play in the Qin Dynasty?

    -Forensics and policing in the Qin Dynasty were surprisingly advanced. Criminals were caught through methods like witness profiling and analyzing footprints, as in the case of a thief caught after tunneling into a house.

  • What were some of the punishments used during the Qin Dynasty?

    -Punishments ranged from fines and demotion to mutilation, such as blinding or castration. The most severe punishments included beheading, cutting in half, and drawing and quartering. Crimes could also result in entire families or communities being executed.

  • How did the Qin Dynasty use slave labor?

    -The Qin Dynasty used slave labor extensively, especially for large construction projects like the Great Wall. Criminals and captured enemies were often sentenced to work in harsh environments like deserts and snowy mountains.

  • How did the Qin Dynasty ensure equality in punishments?

    -For the first time in Chinese history, punishments were applied equally to everyone, regardless of social rank. This meritocratic approach ensured that everyone had to follow the same laws and face the same consequences.

  • How did the Qin Dynasty fund its expansion and military efforts?

    -The Qin Dynasty replaced feudal lords with government officials, ensuring that all profits went directly to the kingdom. Poor citizens could also earn farming land by joining the army and helping to conquer new territories.

  • What was the long-term impact of the Qin Dynasty on China?

    -The Qin Dynasty set the foundation for many aspects of Chinese governance, even though it was short-lived. Its legalist system influenced future dynasties like the Han and even inspired leaders like Mao Zedong in modern history.

Outlines

00:00

🏯 The Qin Dynasty: A Brief Yet Monumental Era

The Qin Dynasty, though lasting only 15 years, marked a significant period in Chinese history as the first imperial dynasty. Qin Shihuang, the first emperor, unified China by destroying rival kingdoms, building the Terracotta Warriors, and initiating the construction of the Great Wall. His rule was defined by a strong military and legal control, though little is recorded about the daily lives of ordinary citizens. In 1975, a tomb containing legal documents was discovered, shedding light on the legalistic system of the time.

05:04

⚖️ Introduction to Legalism: The Philosophy of Control

Legalism, a philosophy created by Lord Shang and refined by Han Fei, stands in stark contrast to Confucianism. While Confucianism believes in the inherent goodness of men and traditions, legalism posits that people are naturally evil and must be controlled through strict laws, rewards, and severe punishments. Legalism promoted the idea of centralized power and standardized laws, making the Qin dynasty the first to distribute clear legal guidelines to its citizens. Unlike Western legalism, which views law as a tool for the people, Chinese legalism was designed for the benefit of the king and the kingdom.

📝 Standardization and Accountability Under Qin Rule

Under Qin Shihuang, the Chinese writing system was standardized, along with currency and infrastructure, facilitating the spread of laws across the empire. Citizens were expected not only to follow the laws but also to ensure others did as well, facing punishment for failing to report crimes. False reports were equally met with harsh penalties. While the legal system emphasized accountability, it also created an atmosphere of fear and surveillance among neighbors and family members.

👮‍♂️ Crime and Punishment in the Qin Dynasty

The Qin dynasty's legal system featured advanced crime-solving techniques, such as forensic evidence and witness profiling. However, the system was far from perfect, often relying on torture to extract confessions. Even suicides required someone to be punished, emphasizing the strict need for accountability. Crimes were met with severe punishments, ranging from fines and demotion to execution, mutilation, and slave labor. Despite the harshness, the punishments were applied equally, regardless of social rank, marking the Qin dynasty as a meritocratic society.

🔨 Severe Punishments and Labor Camps

The penalties for crimes during the Qin dynasty included a range of brutal punishments, with the lightest being a fine and the harshest being execution. Criminals were often mutilated or forced into slave labor to work on massive construction projects like the Great Wall. Notably, punishments were applied equally, and even high-ranking officials were not exempt from the law. This equal application of the law was a significant shift from previous feudal systems, where lords held power over peasants without accountability.

⚔️ Qin's Meritocracy and Military Expansion

The Qin dynasty replaced feudal lords with government officials, ensuring that taxes and profits went directly to the empire. Citizens could now earn land by serving in the army, which helped fuel military conquests and the expansion of the empire. These changes solidified Qin Shihuang’s power and enabled him to maintain control over the newly united China, establishing one of the first bureaucratic systems in history.

🛡️ The Dual Nature of the Qin Dynasty

While the Qin dynasty pioneered a bureaucratic system and united China for the first time, it was also characterized by extreme authoritarianism and cruelty. Future dynasties, like the Han, adopted many elements of Qin’s legalistic system, even while officially promoting more traditional philosophies. The influence of legalism continued into modern Chinese history, with leaders like Mao Zedong admiring Qin Shihuang's methods of control. Whether seen as a positive or negative force, the Qin dynasty's legacy endures in China’s legal and governmental structures.

👋 Outro and Call to Action

The video concludes with the host, Wukong, thanking viewers for watching and encouraging them to like, comment, and subscribe. He hints at other recent videos for further viewing, maintaining engagement with his audience before signing off.

Mindmap

Keywords

💡Qin Dynasty

The Qin Dynasty (221-206 BCE) was the first imperial dynasty of China, ruled by Qin Shi Huang. Despite its brief duration of 15 years, it was highly influential in shaping China's future. The dynasty established centralized control, standardized laws, writing systems, and measures, while also creating iconic projects like the Great Wall and the Terracotta Army. The script references its authoritarian legal system and its unification of China, marking a pivotal moment in Chinese history.

💡Legalism

Legalism is a Chinese philosophical belief that human nature is inherently evil, and strict laws and harsh punishments are necessary to maintain order. Unlike Confucianism, which emphasizes moral education and traditions, Legalism focuses on power and control through law. The video explains how Legalism was the foundation of the Qin Dynasty's governance, promoting rigid laws to unify and control the kingdom effectively.

💡Qin Shi Huang

Qin Shi Huang, also known as King Ying Zheng, was the first emperor of China. He is credited with uniting China through military conquests and Legalist policies. He established a centralized bureaucracy, destroyed rival kingdoms, and implemented reforms such as standardizing the writing system and currency. The script highlights his significance in the construction of monumental projects like the Great Wall and the Terracotta Army.

💡Terracotta Warriors

The Terracotta Warriors are a massive collection of life-sized clay soldiers that were buried with Emperor Qin Shi Huang to protect him in the afterlife. Discovered in 1974, they are an iconic symbol of the Qin Dynasty's power and grandeur. In the video, they are mentioned as one of the emperor's significant accomplishments, showcasing the scale of his rule and the resources at his disposal.

💡Great Wall of China

The Great Wall of China, partly constructed under Qin Shi Huang, was built to protect the empire from northern invasions. It was an enormous undertaking that required the labor of countless workers, including prisoners. In the script, the Great Wall represents the harsh realities of life under the Qin Dynasty, where forced labor was a common punishment for criminals and enemies of the state.

💡Standardization

Under Qin Shi Huang's rule, standardization was implemented across various aspects of Chinese society, including currency, weights, measures, and the writing system (Lesser Seal Script). This helped unify the diverse regions of China under a single, cohesive administration. The video emphasizes how this standardization contributed to the success of the Qin Dynasty by facilitating communication and governance.

💡Lesser Seal Script

The Lesser Seal Script was a simplified and standardized form of Chinese writing introduced during the Qin Dynasty. It made communication across the empire more uniform and efficient, playing a crucial role in the dissemination of laws and governance. The script's standardization is highlighted in the video as a significant reform that helped unify China under Qin rule.

💡Punishments

Punishments during the Qin Dynasty were notoriously harsh, with penalties ranging from fines and demotions to mutilation and execution. These punishments were part of the Legalist system, where strict enforcement of the law was essential to maintain order. The video discusses various forms of punishment, including beheadings, mutilations, and forced labor, emphasizing the severity of the Qin legal system.

💡Meritocracy

Meritocracy under the Qin Dynasty meant that individuals could advance in rank based on their abilities and accomplishments, particularly through military service. This system replaced the previous feudal structure, where power was inherited. In the video, meritocracy is shown as a means for common citizens to earn land or positions, making the Qin system unique for its time.

💡Han Dynasty

The Han Dynasty followed the Qin and adopted many of its legalist practices, though with some modifications. While the Han Dynasty is often remembered for Confucian ideals, the video points out that its legal and governmental structures were heavily influenced by the Legalist foundations established during the Qin Dynasty. This shows the lasting influence of Qin governance on Chinese history.

Highlights

The Qin Dynasty was the first dynasty of China, but it lasted only 15 years, making it one of the shortest.

Qin Shi Huang, or King Ying Zheng, was the first emperor of China, known for uniting the warring states.

The construction of the Terracotta Warriors and much of the Great Wall of China were significant achievements during Qin Shi Huang's rule.

Legalism was the dominant philosophy during the Qin Dynasty, promoting strict laws, severe punishments, and the idea that people are inherently evil.

Legalism, created by Lord Shang and refined by Hanfei, was the opposite of Confucianism, which promoted the goodness of man and tradition.

Legalism emphasized that laws were made for the good of the king and the kingdom, not for the people, marking a shift in governance.

For the first time, clearly defined and written laws were distributed to the common people, with the Lesser Seal Script helping to standardize the writing system.

The legal system required citizens to report crimes, and failure to do so resulted in punishment, while false reporting also carried severe consequences.

Crimes during the Qin Dynasty were dealt with through punishments such as fines, mutilation, execution, and forced labor.

Even minor crimes could result in punishments like tattooing or mutilation, while serious crimes could lead to family or community-wide punishments.

Forensic methods during this time were advanced, as evidenced by the capture of a thief based on footprints and witness profiling.

The Qin Dynasty established a meritocratic system where rank and rewards were earned, replacing the previous feudal system.

Citizens could earn land by joining the army and helping to conquer new territories, helping to fund the expansion of the Qin Empire.

Despite its short rule, the Qin Dynasty's legalist governance laid the foundation for much of China's bureaucratic and legal structures in future dynasties.

Even in modern history, Mao Zedong admired the Qin Dynasty’s power, with its legalist influence still being felt in China today.

Transcripts

play00:02

the qin dynasty was not only the first dynasty but  lasting 15 years it was also one of the shortest  

play00:08

king ying zheng or qin shihuang was the first  emperor of china he destroyed all rival kingdoms  

play00:13

constructed the terracotta warriors built much  of the great wall and established an empire he  

play00:18

achieved all this through a powerful army and  the rule of lore but the life of an ordinary qin  

play00:23

dynasty citizen was mostly unrecorded that was  until one day when a group of diggers in 1975  

play00:29

stumbled upon a tomb it was the resting place  of judge Xi while not a famous man what makes  

play00:34

him remarkable is that he was buried with an  entire library of legal documents detailing the  

play00:39

crimes and punishments of the qin people this is  a brief look at legalism these are their stories  

play00:45

before we begin we should understand what  exactly legalism is belonging to the 100  

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schools of thought it was created by lord Shang  and further refined by hanfei legalism is a  

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philosophy which is almost the exact opposite of  confucianism confucian theory believes that we  

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must observe traditions and diligently respect the  past it also promotes that all men are essentially  

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good and that through correct cultivation and by  listening to his advisors a leader can become a  

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sage legalism on the other hand promotes that all  men are born evil and can only be encouraged to do  

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good through reward and intense punishment it also  states traditions are not useful for the running  

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of a modern society western legalism is generally  viewed as the creation of law by the people (tm) 

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for the people chinese legalism is viewed as the  creation of laws for the good of the king and  

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the kingdom for the first time in chinese history  clearly defined and written law was distributed  

play01:35

to the common people this was achieved thanks  to the simplification and standardization of  

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the chinese writing system called the lesser  seal script everything from currency to road  

play01:44

with became standardized under the chin rule and  as everyone now had access to the laws they were  

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expected to not only follow it themselves but  also make sure that those around them did too  

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the court cases showed that people who did  not report suspicious activity were punished  

play01:59

and those who falsely reported a crime would  receive a punishment equal to the reported crime  

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for the people during the time of the chin it  was a life of unease having neighbors and family  

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members being required to spy on each other or  face severe discipline police work and forensics  

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at this time were also surprisingly advanced in  one case a thief tunneled into a house to steal  

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some clothes but was ultimately captured thanks  to witness profiling and his footprints left at  

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the scene of the crime it wasn't a perfect  system though all crimes required a culprit  

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and many people were tortured into confessing  even if they didn't actually do it even suicides  

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required someone to be punished but what's more  interesting than the crimes are the punishments  

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the lightest punishment is of course a fine this  would usually be paid in armor rather than money  

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to help support the chin's huge army the next  penalty would be demotion and loss of land  

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after that was mutilation which involved blinding  getting tattooed castrated or having one's nose  

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cut off mutilated and crippled criminals were  sometimes sentenced to the job of palace watchmen  

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where it was their job to secretly open doors  and curtains and remain hidden from sight  

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unsurprisingly one of the most common penalties  was execution which came in a variety of flavors  

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beheading was the vanilla of executions after  that it was being cut in half and then it was  

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being drawn and quartered and finally there  was dishonorable which involved receiving all  

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punishments before finally being executed for  serious crimes the criminal's entire family or  

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even whole community could be sentenced to death  but we cannot forget about slave labor countless  

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criminals and captured enemies were sent into the  deserts and snowy mountains to spend the rest of  

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their lives working on structures like the great  wall of china while the punishments were extreme  

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for the first time in chinese history they were  equal and applied to everyone regardless of rank  

play03:47

it was a meritocracy meaning you had to earn your  position in the past feudal lords would receive  

play03:53

taxes from their peasants and then give a small  percentage to the king under the chin rule lords  

play03:58

were replaced with government officials and all  prophets went directly to the kingdom however poor  

play04:03

citizens could now earn a plot of farming land by  joining the army and help conquering new kingdoms  

play04:08

these two changes help fund the qin expansion  and cement the emperor's power the qin dynasty is  

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truly a remarkable time in history on the one hand  it was one of the first bureaucratic societies on  

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the other it was cruel to the point of fascism  but it was under the chin rule that china for  

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the first time became united the qin dynasty  was quickly followed by the han dynasty which  

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pretty much copied the legalist system word for  word while future dynasties tried to follow more  

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traditional philosophies and demonize legalism the  truth is that much of their government structures  

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were based on legalism even in modern history mao  zedong was an avid admirer of qin dynastic power  

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proudly stating we have buried 46 thousand  scholars alive we have surpassed qin shi huang  

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a hundred fold so regardless of where you stand  on the issue the qin dynasty is an incredibly  

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fascinating period of history and for better  or worse its influence in china and throughout  

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the world can still be felt to this day so thank  you for watching another one of my videos don't  

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forget to like comment and definitely subscribe  if you like this video why not check out one of  

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my more recent ones as always thank you so  much for watching i'm wukong and goodbye

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Related Tags
Qin DynastyLegalismChinese HistoryQin Shi HuangTerracotta WarriorsGreat WallAncient LawsPunishmentsBureaucracyMao ZedongHistorical Influence