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4 - Brutal Perfectionism

Criminalizing Job Performance and the Collapse of Justice

from Part I - Criminalizing the Empire

Published online by Cambridge University Press:  09 January 2026

Liang Cai
Affiliation:
University of Notre Dame, Indiana
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Summary

I argue that the Qin and Han legal system excessively punished administrative errors as crimes. Performance-oriented legislation criminalized a large number of officials, including those industriously devoted to their jobs. Excessive punishments made officials guilty of administrative errors suffer the same bodily pain and economic loss as those who caused serious harm to society with intentional violence. This legal practice can be traced to its philosophical roots in Shang Yang and Han Feizi, who eloquently articulated the effectiveness of performance-based law and severe punishments. They asserted that heavy punishments aim to create a crime-free utopia. However, I demonstrate that when brutal instrumentalism and idealism were applied to real-world politics, they generated a monstrous legal system that distorted justice. Resentment arose against the law, and sympathy developed for the condemned. This prominent and unjust problem triggered heated criticism, but no legal reforms ever occurred. This chapter shows the dangerous application of perfectionism in the real world and explains some historical roots of the long-standing Confucian tradition against rule by law.

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  • Brutal Perfectionism
  • Liang Cai, University of Notre Dame, Indiana
  • Book: Convict Politics
  • Online publication: 09 January 2026
  • Chapter DOI: https://doi.org/10.1017/9781009019866.005
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  • Brutal Perfectionism
  • Liang Cai, University of Notre Dame, Indiana
  • Book: Convict Politics
  • Online publication: 09 January 2026
  • Chapter DOI: https://doi.org/10.1017/9781009019866.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Brutal Perfectionism
  • Liang Cai, University of Notre Dame, Indiana
  • Book: Convict Politics
  • Online publication: 09 January 2026
  • Chapter DOI: https://doi.org/10.1017/9781009019866.005
Available formats
×