A History of China. Wolfram Eberhard
method of selection of new officials. The system underwent many changes, but remained in operation in principle until 1904. The object of the examinations was not to test job efficiency but command of the ideals of the gentry and knowledge of the literature inculcating them: this was regarded as sufficient qualification for any position in the service of the state.
In theory this path to training of character and to admission to the state service was open to every "respectable" citizen. Of the traditional four "classes" of Chinese society, only the first two, officials (shih) and farmers (nung) were always regarded as fully "respectable" (liang-min). Members of the other two classes, artisans (kung) and merchants (shang), were under numerous restrictions. Below these were classes of "lowly people" (ch'ien-min) and below these the slaves which were not part of society proper. The privileges and obligations of these categories were soon legally fixed. In practice, during the first thousand years of the existence of the examination system no peasant had a chance to become an official by means of the examinations. In the Han period the provincial officials had to propose suitable young persons for examination, and so for admission to the state service, as was already mentioned. In addition, schools had been instituted for the sons of officials; it is interesting to note that there were, again and again, complaints about the low level of instruction in these schools. Nevertheless, through these schools all sons of officials, whatever their capacity or lack of capacity, could become officials in their turn. In spite of its weaknesses, the system had its good side. It inoculated a class of people with ideals that were unquestionably of high ethical value. The Confucian moral system gave a Chinese official or any member of the gentry a spiritual attitude and an outward bearing which in their best representatives has always commanded respect, an integrity that has always preserved its possessors, and in consequence Chinese society as a whole, from moral collapse, from spiritual nihilism, and has thus contributed to the preservation of Chinese cultural values in spite of all foreign conquerors.
In the time of Wen Ti and especially of his successors, the revival at court of the Confucianist ritual and of the earlier Heaven-worship proceeded steadily. The sacrifices supposed to have been performed in ancient times, the ritual supposed to have been prescribed for the emperor in the past, all this was reintroduced. Obviously much of it was spurious: much of the old texts had been lost, and when fragments were found they were arbitrarily completed. Moreover, the old writing was difficult to read and difficult to understand; thus various things were read into the texts without justification. The new Confucians who came forward as experts in the moral code were very different men from their predecessors; above all, like all their contemporaries, they were strongly influenced by the shamanistic magic that had developed in the Ch'in period.
Wen Ti's reign had brought economic advance and prosperity; intellectually it had been a period of renaissance, but like every such period it did not simply resuscitate what was old, but filled the ancient moulds with an entirely new content. Socially the period had witnessed the consolidation of the new upper class, the gentry, who copied the mode of life of the old nobility. This is seen most clearly in the field of law. In the time of the Legalists the first steps had been taken in the codification of the criminal law. They clearly intended these laws to serve equally for all classes of the people. The Ch'in code which was supposedly Li K'uei's code, was used in the Han period, and was extensively elaborated by Siao Ho (died 193 B.C.) and others. This code consisted of two volumes of the chief laws for grave cases, one of mixed laws for the less serious cases, and six volumes on the imposition of penalties. In the Han period "decisions" were added, so that about A.D. 200 the code had grown to 26,272 paragraphs with over 17,000,000 words. The collection then consisted of 960 volumes. This colossal code has been continually revised, abbreviated, or expanded, and under its last name of "Collected Statues of the Manchu Dynasty" it retained its validity down to the present century.
Alongside this collection there was another book that came to be regarded and used as a book of precedences. The great Confucianist philosopher Tung Chung-shu (179–104 B.C.), a firm supporter of the ideology of the new gentry class, declared that the classic Confucianist writings, and especially the book Ch'un-ch'iu, "Annals of Spring and Autumn", attributed to Confucius himself, were essentially books of legal decisions. They contained "cases" and Confucius's decisions of them. Consequently any case at law that might arise could be decided by analogy with the cases contained in "Annals of Spring and Autumn". Only an educated person, of course, a member of the gentry, could claim that his action should be judged by the decisions of Confucius and not by the code compiled for the common people, for Confucius had expressly stated that his rules were intended only for the upper class. Thus, right down to modern times an educated person could be judged under regulations different from those applicable to the common people, or if judged on the basis of the laws, he had to expect a special treatment. The principle of the "equality before the law" which the Legalists had advocated and which fitted well into the absolutistic, totalitarian system of the Ch'in, had been attacked by the feudal nobility at that time and was attacked by the new gentry of the Han time. Legalist thinking remained an important undercurrent for many centuries to come, but application of the equalitarian principle was from now on never seriously considered.
Against the growing influence of the officials belonging to the gentry there came a last reaction. It came as a reply to the attempt of a representative of the gentry to deprive the feudal princes of the whole of their power. In the time of Wen Ti's successor a number of feudal kings formed an alliance against the emperor, and even invited the Hsiung-nu to join them. The Hsiung-nu did not do so, because they saw that the rising had no prospect of success, and it was quelled. After that the feudal princes were steadily deprived of rights. They were divided into two classes, and only privileged ones were permitted to live in the capital, the others being required to remain in their domains. At first, the area was controlled by a "minister" of the prince, an official of the state; later the area remained under normal administration and the feudal prince kept only an empty title; the tax income of a certain number of families of an area was assigned to him and transmitted to him by normal administrative channels. Often, the number of assigned families was fictional in that the actual income was from far fewer families. This system differs from the Near Eastern system in which also no actual enforcement took place, but where deserving men were granted the right to collect themselves the taxes of a certain area with certain numbers of families.
Soon after this the whole government was given the shape which it continued to have until A.D. 220, and which formed the point of departure for all later forms of government. At the head of the state was the emperor, in theory the holder of absolute power in the state restricted only by his responsibility towards "Heaven", i.e. he had to follow and to enforce the basic rules of morality, otherwise "Heaven" would withdraw its "mandate", the legitimation of the emperor's rule, and would indicate this withdrawal by sending natural catastrophes. Time and again we find emperors publicly accusing themselves for their faults when such catastrophes occurred; and to draw the emperor's attention to actual or made-up calamities or celestial irregularities was one way to criticize an emperor and to force him to change his behaviour. There are two other indications which show that Chinese emperors—excepting a few individual cases—at least in the first ten centuries of gentry society were not despots: it can be proved that in some fields the responsibility for governmental action did not lie with the emperor but with some of his ministers. Secondly, the emperor was bound by the law code: he could not change it nor abolish it. We know of cases in which the ruler disregarded the code, but then tried to "defend" his arbitrary action. Each new dynasty developed a new law code, usually changing only details of the punishment, not the basic regulations. Rulers could issue additional "regulations", but these, too, had to be in the spirit of the general code and the existing moral norms. This situation has some similarity to the situation in Muslim countries. At the ruler's side were three counsellors who had, however, no active functions. The real conduct of policy lay in the hands of the "chancellor", or of one of the "nine ministers". Unlike the practice with which we are familiar in the West, the activities of the ministries (one of them being the court secretariat) were concerned primarily with the imperial palace. As, however, the court secretariat, one of the nine ministries, was at the same time a sort of imperial statistical office, in which all economic, financial, and military statistical material was assembled, decisions on issues of critical importance for the whole country could and did come from it. The court, through the