[Daehanjeiguk]

Another incident involving a superior soldier whose conduct was considered excellent had fallen into disfavor and the Emperor was called to judge him. The Emperor was reluctant to authorize the punishments due to the soldier, but he remembered the instructions on the Law by Marshal Ma, whereupon, he called the Marshal to help him discern the best possible method of rendering rewards and punishments.

(馬 - Ma)
(皇 - Emperor)

皇: I have encountered an honorable soldier whose conduct recently was brought for review and I have lamented on the punishment due to this soldier. I do not wish to make this punishment and I want to pardon him, because I am certain that it was simply a mistake. But then again, I have recalled your instructions on the Law, and I wish to receive instruction from you about this circumstance.

馬: Let us judge him now, and see if he is fit for your pardon.

At the wish of Marshal Ma, the soldier was brought forward before the Emperor and the Marshal. Once arriving, the Emperor told the soldier of the nature of his crime and the punishment that was due. After the Emperor had described the situation to both Marshal Ma and the soldier, the Marshal said to the soldier:

馬: His Imperial Majesty has found favor in you, and despite your crime wishes to pardon you. He cites your years of experience and your honorable conduct, a beacon of excellence to the Imperial Army. But even now, the honorable conduct that you have borne is stained by this error, and it must be purged from you, so that it does not bleed through to the Imperial Corps. I would urge His Imperial Majesty to institute the punishment due for this crime, for to pardon it in an honorable man is to ask for it in the conduct of men less questionable than his. After all, if the greatest man in the world falls but once, how can we not expect the same to those less than the greatest man who has already fallen once? We cannot pardon it in the soldier that is honorable because we would not pardon it in the conduct of a soldier whose conduct is less than honorable; if we are to rule justly, how can we grant favors to anyone? Indeed, the Right of Law must be firmly established.

But His Imperial Majesty has already judged you to be pardoned in his heart, and I am telling his mind that he cannot pardon it. You, the very person whose conduct is in judgment, you hold the spirit of the Emperor’s judgment. How do you judge yourself?

The soldier replied quaintly that despite his own inclination not to be punished affirmed Marshal Ma’s statements and said that he did deserve punishment. After that, the soldier was taken away, whereupon Marshal Ma gave his final advice to the Emperor.

馬: His Imperial Majesty may pardon this man.

皇: After what you had said, how can we pardon this man?

馬: The Honorable man is self-conscious and aware of the laws. Despite his excellence, he will make errors. Yet when he does make errors, it is because of His Imperial Majesty’s excellence that the honorable man will accept his punishment, because the ways of the Law are made certain. Your laws have been instilled in the man, whose own conduct is maintained as he has already punished himself by your will. The Honorable man judges himself as the Emperor would judge him, and by your will, he has already suffered the punishment due to him.

If the soldier had answered differently, that he did not deserve the punishment, then there would be a matter to consider. First, it may be false testimony against the man, which must be investigated to ensure that His Imperial Majesty receives truth from his subordinates. Second, it may be his own will, in which case he deserves the punishment due, because despite his character, he has not accepted your will in determining the law. If the law is made known and yet he refuses to accept it despite his good conduct, he cannot be trusted to punish himself.

皇: What is the way to Law and to attain it as a criterion then?

馬: There are two respects for the Law – the respect of strength, and the respect of justice. Of the two, people are more inclined to respect strength, but can be trained to respect justice likewise. People believe that strength is the superior but as can be distinguished by history, strength without justice invites distrust, while justice without strength invites disorder. Therefore, the great leader seeks to institute a balance of justice and strength.

The Law of Strength is an effective system of rewards and punishment. We must recognize that all men err and that their corrupt nature must be shaped to mold them into proper civil beings. Without strength, people fall to foul habits and become animals, without any concern for others or themselves, only their desires. Therefore, the great leader cannot be afraid to impose strict rewards and punishments or lose authority to the wild ways of the barbarians.

The Law of Justice is a uniform and legitimate system of rewards and punishment. We must recognize that while all men err, they also can learn. Because they can be molded into proper civil beings, they are capable of learning the law and to becoming better than simply proper. Citizens of a civil state are models to the world on how to govern themselves and to govern others, for the model governor of the state is also the model governor of the self. Master Kong said it best himself when preaching his rule of negative reciprocity. Therefore, while imposing strict rewards and punishments, the great leader is capable to recognizing that people can govern themselves beyond being proper.

皇: How do we justify punishing the insincere criminal who accepts my judgment only to skirt punishment altogether? He doesn’t judge himself to be worthy, but he lies to me saying that he is deserving of the punishment, hoping to avoid the system of rewards and punishments.

馬: Such a person is vile and despicable, whose conduct brings dishonor. He may be offered to give his opinion, but rendering his judgment is a false hope. The sort of people who seek to avoid the system have not become civil at all, instead adapting animalistic character to a civil environment. They must be purged from society to secure a civil culture and protect the sovereignty of our lands from the barbarian cultures. You ask how we justify punishing the insincere criminal; I ask how you can justify not punishing any person who has despite the Law committed an offense that is unworthy of a civil citizen.

皇: Therefore justice is uniform, and we must punish each person according to the crime. But how do we justify that the system of rewards and punishments is legitimate?

馬: A simple system of rewards and punishments must be strict, because it does not the ruler to be excessive in his punishments, for the same reason it does not permit His Majesty to be less stringent. If His Majesty chooses between many options, he risks exhausting any one punishment and to defer people to the less punitive option, as he also risks alienating those who are punished more severely. In this manner, a strict regimen of punishments makes it certain of the law’s repercussions; this alone justifies the punishment.

However, when instituting the principle of justice, one must consider the rule of reciprocity. The Law cannot be overbearing to institute punishments that are too severe because people will be scared of the Law – fear makes no respect of the Law. Again, when instituting the system, one must balance the severe with the slight. Generally, it is best to institute a punishment where the crime is repaid in the very act of its action – for theft, a return of an equivalent value of the item stolen; for lies, a return of the equivalent truth; for insubordination, a return of an equivalent value of the order executed; for murder, death. By these standards, we make our law just and strong.

皇: Therefore, I am justified to grant this one soldier amnesty, while any other would be subjected to punishment.

馬: His Majesty does not need to punish this soldier because the manner in which the soldier judges himself, he judges by your will, and thus has already imposed your judgment and punishment upon him. He has accepted it in his heart and needs no further punishment. In the end, the excellent man instills the Law in himself, ensuring that every person is judged and punished according to the law. Master Kong once said of this government – that the weak are judged by the strong, but the strong judge themselves.

SUMMARY
- More or less, this chapter has a lot of stuff to talk about alliance government, and maybe a little bit about how to organize your own government, but the most important maxim to take from this regardless – be resolute about your actions.
- People make mistakes.
- To pardon injustice in one person is to ask for it from many more.
- When making a punishment, don’t be excessively severe or lenient, because it shows lack of strength.
- Make the punishment worth the crime committed.