維摩經略疏垂裕記 4.99

4.99

Fifth, manifesting entry into the administration of justice. Sengzhao states: 'The administration of justice refers to legal officers. Leading them with the correct law makes it convenient for the people and free from partiality.' The present explanation holds otherwise. Regional commanders and magistrates sharing [the ruler's] concerns and disseminating governance is called 'the administration of justice.' Therefore, it is explained through ritual propriety and penal law, not restricted to legal officers. As for 'employing ritual propriety and penal law,' the Analects states: 'Guide them by edicts, keep them in line with punishments, and the common people will stay out of trouble there will have no sense of shame. Guide them by virtue, keep them in line with ritual propriety, and they will have a sense of shame and moreover become good.' Thus, when the people are insolent, one uses punishment; when the people are honest and simple, one uses ritual propriety. The Kongzi Jiayu states: 'Conferring noble rank on a person must take place at court, sharing it with the multitude. Punishing a person must take place in the marketplace, casting them away with the multitude.' The Book of Rites states: 'Ritual propriety follows human sentiments and provides them with regulation and embellishment, serving as a safeguard for people.' The Book of Documents, 'Punishments of Fu,' states: 'Penalties vary according to the era, being light or heavy; unifying what is disparate, there are principles and essentials.' Kong Anguo's Commentary states: 'Penalties follow the lightness or heaviness of the times: in punishing a newly established state one uses light statutes; in punishing a disordered state one uses heavy statutes; in punishing a peaceful state one uses moderate statutes. In general, penalties are the means to unify what is disparate, each possessing its own principles, essentials, and goodness.' The Record of Music states: 'Ritual propriety is used to direct their intentions; music is used to harmonize their voices; governance is used to unify their conduct; punishments are used to prevent their wickedness. Ritual propriety, music, punishments, and governance have one and the same ultimate end: they are the means to harmonize the minds of the people and bring forth the way of good order.' Huan Fan's Shi Yao Lun states: 'Those with abundant virtue and few punishments were the Five Thearchs. Those with equal parts punishment and virtue were the Three Kings. Those with abundant punishments and little virtue were the Five Hegemons. The one that used punishments exclusively and perished was the Qin.' Regarding 'skillful means of granting and depriving': when the people are insolent, one deprives them of ritual propriety and grants punishment; when the people are harmonious, one deprives them of punishment and grants ritual propriety. When ritual propriety and punishment are appropriate to the times, leniency and severity mutually supplement each other; their nuanced subtlety being like this, it is called 'skillful means of granting and depriving.' Thus Zhongni (Confucius) said: 'When government is lenient, the people become insolent; when they are insolent, bring them into line with severity. When severity is used, the people suffer harm; when the people suffer harm, treat them with leniency. Leniency supplements severity, and severity supplements leniency—thereby governance is harmonized.' Jingxi's former explanation states: 'Ritual propriety is used to grant; punishment is used to deprive. Furthermore, the application of ritual propriety and punishment each possesses granting and depriving: ritual propriety deprives the petty person and grants to the gentleman; punishment deprives severe offenses and grants to light infractions.' Thus present mundane officials all have great authority vested in them to conduct affairs. Regarding 'It is not abandoning the Way,' and so forth: this clarifies that Jingming did not personally hold office yet was skilled in ritual propriety and punishments; moreover, it admonishes those of future generations who merely mimic the sage's footsteps and abandon the Way. The preceding explanation of granting and depriving, together with Jingxi's, forms three meanings in all; each has its purport, which should be carefully examined.