Case Summary
During the Spring and Autumn period, Shu Xiang, a senior official of Jin, was imprisoned because his half-brother Yangshe Hu participated in Luan Ying's rebellion. Although Shu Xiang had no involvement, he was subjected to kin liability. Qi Xi, a retired statesman, traveled to plead for Shu Xiang before Fan Xuanzi, the chief minister. Qi Xi argued that Shu Xiang was a man of wisdom and integrity, and punishing him for his brother's crime would be unjust and harm the state. Fan Xuanzi was convinced and petitioned Duke Ping of Jin, who pardoned Shu Xiang. The case illustrates the harsh principle of collective punishment and the importance of virtuous advocacy in ancient Chinese law.
Status or Result
Shu Xiang was pardoned and released after Qi Xi's intervention, without facing any punishment.
Key Disputes
Whether Shu Xiang should be punished for his brother's treason under the principle of kin liability, despite his personal innocence and distinguished service.
Social Impact
The case demonstrated the prevalence of collective punishment in early Chinese law while also highlighting the role of moral persuasion and the recognition of individual merit in judicial decisions, influencing later discussions on the limits of kin liability and the principle of punishing only the guilty.
Adapted Novels (1)
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