De(Virtue) and Xing(Penalty): Interpretation of the Two Ancient Concepts
摘要
To rectify the interpretation of the concept “De(virtue) given priority over Xing(penalty)”, one must first re-examine the concept of “De” in the pre-Qin period. It is evident that the original meaning of “De” was related to morality, and its earliest extended meaning was also associated with goodness and virtue. However, “De” in ancient China was more than morality and virtue; instead, it was a complex and abstract concept with rich philosophical connotations. A further misunderstanding of “De(virtue) given priority over Xing(penalty)” lies in the interpretation of “Xing”. The tendency to confuse “Xing(punishment)” with “Fa(law)” in the context of ancient society has led to a literal misreading of “De(virtue) given priority over Xing(penalty)”, resulting in the mistaken conclusion that ancient society prioritized moral education while disregarding the development of law. This is one of the most common misunderstandings of the term. In ancient China, “Xing”, not only referred to penalty or criminal law but also symbolized a political instrument corresponding to “De”.