The Mengsun clan appointed Yang Fu as the chief judge. Yang Fu asked Zengzi for advice. Zengzi said to him, “The rulers have lost the Right Way, and the people have been disunited and lawless for a long time. If you discover the true circumstances of a person’s crime, you should feel sorrow and pity for them, and never rejoice in your own success.”
Note
This teaching is Zengzi’s earnest advice to Yang Fu, who was about to take office as a judicial officer. It demonstrates the Confucian judicial and political views filled with profound compassion:
- The Root of Crime Lies in “Rulers Losing the Right Way”:
Zixi incisively points out that the fundamental reason why ordinary people commit crimes is that the rulers themselves have deviated from the Right Way, resulting in a lack of moral education and impoverished livelihoods, which causes the people to become disunited. This is a politically clear-sighted “self-reflection,” placing the blame for the people’s crimes primarily on the negligence of those in power. - The Judicial Compassion of “Sorrow and Pity Without Rejoicing”:
When uncovering the truth of a crime, a law enforcement officer should not be smug about “solving a case and establishing merit,” but should harbor “sorrow and pity.” Because behind every criminal, there is often a tragedy forced upon them by a corrupted social environment. - The Embodiment of Benevolent Governance and Cautious Punishment:
This passage transcends mere “punitive theory” and elevates judicial activities to the height of “Benevolence.” It reminds law enforcement officers that while the law may be ruthless, the enforcer must have a heart. A truly good official should enforce the law with a compassionate heart and, where possible, reduce crime fundamentally by improving the political environment.
The core of this thought lies in “compassion” and “political accountability.” It teaches those in power and law enforcement officers that when facing evil, they must not merely stop at mechanical punishment, but should see through the underlying social roots and govern the country with an attitude of sympathy and self-reflection.
Further Reading
Ji Kangzi, distressed about the number of thieves, asked Confucius about it. Confucius replied, “If you yourself were not covetous, though you rewarded them for stealing, they would not do it.”
The Master said, “If good men were to govern a country for a hundred years, they could overcome cruelty and do away with capital punishment.”
“To put the people to death without having instructed them is called cruelty.”
— The Analects, Chapter 20.2
These chapters collectively construct the core political logic of Confucianism regarding the “root causes of crime” and “benevolent governance with cautious punishment.” Whether it is Zengzi’s warning to Yang Fu that “rulers have lost the Right Way and the people have been disunited for a long time,” Confucius’ point to Ji Kangzi that “if you yourself were not covetous, though you rewarded them for stealing, they would not do it,” or the emphasis on “putting the people to death without having instructed them is called cruelty” and the ideal of “overcoming cruelty and doing away with capital punishment,” their core logic is highly consistent: Confucianism strongly opposes simply blaming social problems on the common people, instead emphasizing the moral example and educational responsibilities of the rulers. They jointly prove that true rule of law and good governance must be built upon the compassionate heart of “sorrow and pity” and the benevolent foundation of “instructing first, then punishing.”
孟氏使陽膚為士師，問於曾子。曾子曰：「上失其道，民散久矣。如得其情，則哀矜而勿喜。」
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