View source for Biography:Shang Yang

{{Short description|Statesman of the Qin state}}
{{for multi|the contemporary Chinese painter|Shang Yang (artist)|the plant scientist|Shang Fa Yang}}
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|gr=Shang Iang
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|y =Sēung Yēung
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'''Shang Yang''' ({{zh|c=商鞅}}; c. 390 – 338 BC), also known as '''Wei Yang''' ({{zh|c=衞鞅}}) and originally surnamed '''Gongsun''',<ref name="Cua">Antonio S. Cua (ed.), 2003, p. 362, ''Encyclopedia of Chinese Philosophy'' [https://books.google.com/books?id=yTv_AQAAQBAJ&pg=PA362] "The fifth important legalist, Shang Yang (Wei Yang, c. 390–338 B.C.E.), was born in Wei; his original surname was Gongsun."</ref> was a Chinese jurist, philosopher, and politician. Born in the Zhou vassal state of Wey during the Warring States period,<ref name=Cua/> he was a [[Social:Politician|statesman]], chancellor and reformer serving the State of Qin, where his policies laid the administrative, political and economic foundations that strengthened the Qin state and would eventually enable Qin to conquer the other six rival states, unifying China into a centralized rule for the first time in history under the Qin dynasty. Scholars consider it likely that both he and his followers contributed to ''[[Philosophy:The Book of Lord Shang|The Book of Lord Shang]]'', a foundational philosophical work for the school of Chinese legalism.<ref>Pines, Yuri, "Legalism in Chinese Philosophy", The Stanford Encyclopedia of Philosophy (Winter 2014 Edition), Edward N. Zalta (ed.), 1.1 Major Legalist Texts, http://plato.stanford.edu/archives/win2014/entries/chinese-legalism/</ref>

==Biography==
Shang Yang was born as the son of a concubine to the ruling family of the minor state Wey (衞). His surname (氏, lineage name) was Gongsun and his personal name Yang. As a member of the Wei family, he was also known as Wei Yang.<ref name="rgh" />

At a young age, Yang studied law and obtained a position under Prime Minister Shuzuo of Wei (魏, not the same as his birth state). With the support of Duke Xiao of Qin, Yang left his lowly position in Wei<ref>pg 79 of ''Classical China''</ref> to become the chief adviser in Qin. His numerous reforms transformed the peripheral Qin state into a militarily powerful and strongly centralized kingdom. Changes to the state's legal system (which were said to have been built upon [[Biography:Li Kui (legalist)|Li Kui]]'s ''Canon of Laws'') propelled the Qin to prosperity. Enhancing the administration through an emphasis on [[Philosophy:Meritocracy|meritocracy]], his policies weakened the power of the feudal lords.

In 341 BC, Qin attacked the state of Wei. Yang personally led the Qin army to defeat Wei, and eventually Wei ceded the land west of the Yellow River to Qin. For his role in the war, Yang received 15 cities in Shang as his personal fief and became known as the lord of Shang (Shang Jun) or Shang Yang.<ref>''Bamboo Annals Ancient Text, Records of Wei''</ref> According to the ''Records of the Grand Historian'', with his personal connections while serving in the court of Wei, Shang Yang invited Gongzi Ang, the Wei general, to negotiate a peace treaty. As soon as Ang arrived, he was taken prisoner, and the Qin army attacked, successfully defeating their opponents.<ref name="rgh" />

Mark Edward Lewis once identified his reorganization of the military as responsible for the orderly plan of roads and fields throughout north China{{Citation needed|date=September 2021}}. This might be far fetched, but Yang was as much a military reformer as a legal one.<ref>Paul R. Goldin, ''Persistent Misconceptions about Chinese Legalism''. p. 18 [https://www.academia.edu/24999390/Persistent_Misconceptions_about_Chinese_Legalism_]</ref> Yang oversaw the construction of Xianyang.<ref>John Man 2008. p. 51. ''Terra Cotta Army''.</ref>

The Shang Yang school of thought was favoured by Emperor Wu of Han,<ref>Creel 1970, What Is Taoism?, 115</ref> and John Keay mentions that Tang figure Du You was drawn to Shang Yang.<ref>[https://books.google.com/books?id=7lBWH2rxRFsC&pg=PA99 Arthur F. Wright 1960. p. 99. ''The Confucian Persuasion'']</ref>

==Reforms==
He is credited by [[Biography:Han Fei|Han Fei]], often considered to be the greatest representative of Chinese Legalism (法家), with the creation of two theories;

#"fixing the standards" ({{zh|c=定法}})
#"equality before the law" ({{zh|c=一民}})

Believing in the rule of law and considering loyalty to the state above that of the family, Yang introduced two sets of changes to the State of Qin. The first, in 356 BC, were:
#[[Biography:Li Kui (legalist)|Li Kui]]'s ''Book of Law'' was implemented, with the important addition of a rule providing punishment equal to that of the perpetrator for those aware of a crime but failing to inform the government.  He codified reforms into enforceable laws. The laws were stringent and multitudinous reformed by Yang and the punishments were strict.<ref>{{Cite journal|last=Sanft|first=Charles|date=2014|title=Shang Yang Was a Cooperator: Applying Axelrod's Analysis of Cooperation in Early China|url=http://muse.jhu.edu/content/crossref/journals/philosophy_east_and_west/v064/64.1.sanft.html|journal=Philosophy East and West|language=en|volume=64|issue=1|pages=174–191|doi=10.1353/pew.2014.0003|s2cid=144996247|issn=1529-1898}}</ref>
#Assigning land to soldiers based upon their military successes and stripping nobility unwilling to fight of their land rights. The army was separated into twenty military ranks, based upon battlefield achievements. The reform of military made Qin citizens willing to join the army and helped the Qin dynasty build the military power necessary to unify China.<ref>{{Cite journal|last=Sanft|first=Charles|date=2014|title=Shang Yang Was a Cooperator: Applying Axelrod's Analysis of Cooperation in Early China|journal=Philosophy East and West|volume=64|issue=1|pages=174–191|doi=10.1353/pew.2014.0003|s2cid=144996247|issn=1529-1898}}</ref>
#As manpower was short in Qin, Yang encouraged the cultivation of unsettled lands and wastelands and immigration, favouring [[Earth:Agriculture|agriculture]] over luxury commerce (though also paying more recognition to especially successful merchants).

Yang introduced his second set of changes in 350 BC, which included a new standardized system of land allocation and reforms to taxation.

The vast majority of Yang's reforms were taken from policies instituted elsewhere, such as from [[Biography:Wu Qi|Wu Qi]] of the State of Chu; however, Yang's reforms were more thorough and extreme than those of other states, and monopolized policy in the hands of the ruler.<ref>{{Cite book |last=Creel |first=Herrlee Glessner |url=https://books.google.com/books?id=5p6EBnx4_W0C&pg=PA107 |title=What Is Taoism?: And Other Studies in Chinese Cultural History |date=1982-09-15 |publisher=University of Chicago Press |isbn=978-0-226-12047-8 |language=en}}</ref> Under his tenure, Qin quickly caught up with and surpassed the reforms of other states.

==Domestic policies==
Yang introduced land reforms, privatized land, rewarded farmers who exceeded harvest quotas, enslaved farmers who failed to meet quotas, and used enslaved subjects as (state-owned) rewards for those who met government policies.

As [[Social:Human resources|manpower]] was short in Qin relative to the other states at the time, Yang enacted policies to increase its manpower. As Qin peasants were recruited into the military, he encouraged active migration of peasants from other states into Qin as a replacement workforce; this policy simultaneously increased the manpower of Qin and weakened the manpower of Qin's rivals. Yang made laws forcing citizens to marry at a young age and passed tax laws to encourage raising multiple children. He also enacted policies to free convicts who worked in opening wastelands for agriculture. <!-- The EB says "He is also said to have forced all persons into “productive occupations,” such as farming or soldiering (but not commerce)..." -->

Yang partly abolished primogeniture (depending on the performance of the son) and created a double tax on households that had more than one son living in the household, to break up large clans into nuclear families.

Yang moved the capital from the city of Yueyang to Xianyang, in order to reduce the influence of nobles on the administration. Xianyang remained Qin's capital until its fall in 207 BC.

==Death==
Yang was deeply despised by the Qin nobility<ref name="rgh" /> and became vulnerable after the death of Duke Xiao. The next ruler, King Huiwen, ordered the [[Philosophy:Nine familial exterminations|nine familial exterminations]] against Yang and his family, on the grounds of fomenting rebellion. Yang had previously humiliated the new duke "by causing him to be punished for an offense as though he were an ordinary citizen."<ref>pg 80 of ''Classical China'', ed. William H. McNeill and Jean W. Sedlar, [[Organization:Oxford University Press|Oxford University Press]], 1970. LCCN: 68-8409</ref> According to ''Zhan Guo Ce'', Yang went into hiding; at one point Yang was refused a room at an inn because one of his own laws prevented admission of a guest without proper identification.

Yang was executed by ''jūliè'' ({{linktext|車裂}}: dismemberment by being fastened to five [[Social:Chariot|chariot]]s, [[Biology:Cattle|cattle]] or horses and being torn to pieces);<ref>''和氏, Han Feizi'', [[Biography:Han Fei|Han Fei]]</ref><ref>''东周列国志'', 蔡元放</ref> his whole family was also executed.<ref name="rgh">商君列传 (vol. 68), ''Records of the Grand Historian'', Sima Qian</ref> Despite his death, King Huiwen kept the reforms enacted by Yang. 

A number of alternate versions of Yang's death have survived. According to Sima Qian in his ''Records of the Grand Historian'', Yang first escaped to Wei. However, he was hated there for his earlier betrayal of Gongzi Ang and was expelled. Yang then fled to his fiefdom, where he raised a rebel army but was killed in battle. After the battle, King Hui of Qin had Yang's corpse torn apart by chariots as a warning to others.<ref name="rgh" />

Following the execution of Yang, King Huiwen turned away from the central valley south to conquer Sichuan (Shu and [[Place:Ba (state)|Ba]]) in what Steven Sage calls a "visionary reorientation of thinking" toward material interests in Qin's bid for universal rule.<ref>{{Cite book |last=Sage |first=Steven F. |url=https://books.google.com/books?id=VDIrG7h_VuQC&pg=PA116 |title=Ancient Sichuan and the Unification of China |date=1992-01-01 |publisher=SUNY Press |isbn=978-0-7914-1037-0 |language=en}}</ref>

===Assessments===
A. F. P. Hulsewé considered Shang Yang the "founder of the school of law", and considers his unification of punishments one of his most important contributions; that is, giving the penalty of death to any grade of person disobeying the king's orders. Shang Yang even expected the king, though the source of law (authorizing it), to follow it. This treatment is in contrast to ideas more typical of archaic society, more closely represented in the Rites of Zhou as giving different punishments to different strata of society.

Hulsewe points out that Sima Tan considered equal treatment the "school of law's" most salient point: "They do not distinguish between close and far relatives, nor do they disriminate between noble and humble, but in a uniform manner they decide on them in law."<ref name="ReferenceP">{{Cite book |last=Hulsewé |first=Anthony François Paulus |url=https://books.google.com/books?id=Dx8VAAAAIAAJ&pg=PA271 |title=remnants of han law |date=1955 |publisher=Brill Archive |language=en}}</ref> The Han dynasty adopted essentially the same denominations of crimes, and conception of equality, as Shang Yang set down for Qin, without collective punishment of the three sets of relatives.<ref name="ReferenceP" />

Shang Yang appeared to act according to his own teachings,<ref name="ReferenceP"/> and translator Duvendak (1928) references him as being considered "like a bamboo‑frame which keeps a bow straight, and one could not get him out of his straightness", even if spoken of by some pre-modern Chinese in ill regard with the fall of Qin. Duvendak believed that Shang Yang should be of interest not just to Sinologists, but Western Jurists as well.

Despite traditional history's dim view, Sima Qian recounts the immediate effect of his policies as such: After [the ordinances] had been in effect for ten years, the commoners of Qin were delighted; no one picked up articles lost on the road, there were no bandits or thieves in the mountains, households were well provided for and the people were well off. The commoners were brave in the duke’s battles but cowardly in private feuds and the townships and cities were in good order. (Sima Qian 1994a, 90)<ref>{{Cite book |last=Shang |first=Yang |url=https://books.google.com/books?id=yxYXNUU2U5wC&pg=PR8 |title=The Book of Lord Shang: A Classic of the Chinese School of Law |date=2003 |publisher=The Lawbook Exchange, Ltd. |isbn=978-1-58477-241-5 |language=en}}</ref>

==In fiction and popular culture==
* Portrayed by Shi Jingming in ''The Legend of Mi Yue'' (2015) as a guest appearance, depicting his execution.
* Portrayed by Wang Zhifei in the TV series ''The Qin Empire'' as a main character.

==See also==
*''Shizi''

==Notes==
{{Reflist}}

==References==
* Zhang, Guohua, [http://www.wordpedia.com/search/Content.asp?ID=10385 "Shang Yang"]{{Dead link|date=February 2022 |bot=InternetArchiveBot |fix-attempted=yes }}. ''Encyclopedia of China'' (Law Edition), 1st ed.
* Xie, Qingkui, [http://www.wordpedia.com/search/Content.asp?ID=9297 "Shang Yang"] {{Webarchive|url=https://archive.today/20070509202716/http://www.wordpedia.com/search/Content.asp?ID=9297 |date=2007-05-09 }}. ''Encyclopedia of China'' (Political Science Edition), 1st ed.
*国史概要 (第二版) {{ISBN|7-309-02481-8}}
*戰國策 (''Zhan Guo Ce''), 秦第一

==Further reading==
*Li Yu-ning, ''ShangYang's Reforms'' (M.E. Sharpe Inc., 1977).
* Sterckx, Roel. ''Chinese Thought. From Confucius to Cook Ding.'' London: Penguin, 2019.

==External links==
* {{cite web|last1=Hansen|first1=Chad|title=Lord Shang (died 338 BC)|url=http://www.philosophy.hku.hk/ch/Lord%20Shang.htm|website=Chad Hansen's Chinese Philosophy Pages}}
* {{cite web|last1=Duyvendak|first1=J. J. L.|title=商君書 – Shang Jun Shu|url=http://ctext.org/shang-jun-shu|website=Chinese Text Project}}
* {{cite web|title=秦一|url=http://ctext.org/zhan-guo-ce/qin-yi|website=Chinese Text Project}}
* {{Gutenberg author |id=2452| name=Yang Shang}}

{{Jurisprudence}}
{{Social and political philosophy}}
{{Chinese philosophy}}


{{DEFAULTSORT:Shang, Yang}}
[[Category:Philosophers of law]]
[[Category:Social philosophers]]

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