The latter half of the Changkuo period was not only the time of competition between different schools of Ancient Chinese thought but also the time of their co-operation. This resulted in a number of works of an encyclopedic nature different chapters of which were written by scholars of different schools. Among them are the Kuan-tzu and the Lui-shih ch'unch'iu encyclopedias. However, this did not lead to a success of Confucian ideas. It is noteworthy that the numerous followers of the ju school (this was a common name for Confucians) did everything humanly possible to increase the influence of their doctrine, which so complied with the spirit of tradition. However, the uncompromising stance taken by the most influential among them (especially Meng-tzu) put rulers of the states off Confucianism. It impeded the advance of Confucianism in comparison with other competing doctrines, primarily Legism, which demonstrated its advantages. It is hardly surprising, then, that Legism in a variety of versions — most often milder ones than Shang Yang's — occupied a very prominent place in the Kuan-tzu. This situation lead, in the late Chankuo period, to Hsiun-tzu's (the third greatest Confucian of Chinese antiquity) becoming nearly a direct opposite of Meng-tzu. The fact that the two sages differed on the vital issue of man's nature (Meng-tzu believed that man was essentially good but the hardships of life spoiled him; Hsiun-tzu, on the contrary, proceeded from the assumption that man was full of vice and only education made him decent) was only part of that opposition. What mattered much more was that Hsiun-tzu — as well as Meng-tzu, by the way, — perfectly realized that Confucianism was rapidly losing its former prestige at the end of the Chou era. Besides, Hsiun-tzu realized that the doctrine was going to disappear altogether, unless its adherents dropped the uncompromising attitude of Confucius and Meng-tzu. While Meng-tzu saw the salvation of the teaching in the harsh condemnation of its opponents, Hsiun-tzu managed to realize, just in time, that the true solution lay elsewhere.
The Hsiun-tzu informs us that, while young, Hsiun-tzu paid a visit to the state of Ch'in and found many things there worthy of imitation as examples of an acceptable norm. This referred, first of all, to the strict social discipline of the people who were trained to observe laws, order and norms. Of course, Confucians were all for norm and discipline. However, to attain strict adherence to them, they relied on upbringing and the ethical traditions established by the Master. At the same time, experience proved irrefutably that the "stick" was by far the most efficient part in the old "carrot-and-stick" formula. So Hsiun-tzu— who personally stood for the predominance of proper upbringing in the correction of people — managed to see this; moreover he realized that, unless some of the Legist "stick" was added to the Confucian "carrot", the ju school was doomed in the nearest future. So he had to resort to forgery. In his work, Hsiun-tzu showed a Confucius that somewhat differed from the man he really was.
Among other things, Hsiun-tzu concocted a story of a certain shao-cheng Mao who allegedly corrupted the minds of the youth of Lu with forbidden speeches, for which he was executed by Confucius' orders. However, it is known that Confucius never possessed political power. Besides, he would have never dreamed of killing anyone for wrong words. Finally, no texts of Confucius' time mention a shao-cheng called Mao. Hsiun-tzu knew all this better than anyone. So what was the matter? The answer is very simple. Hsiun-tzu wanted the Great Master to take a stick in his hands. This was necessary for imparting a certain strictness to the doctrine, without which it would not succeed. And Hsiun-tzu did the necessary thing, without which the doctrine of the Great Master would be unable to develop and spread in the late Chou society. By doing this, though, he took a step in Shang Yang's direction. It is small wonder that his two best disciples, in whom any sage could feel great pride, the theoretician Han Fei-tzu and the prime minister of the emperor Ch'in Shih-Huangti Li Ssu (he was the actual author of the strictly ordered structure of the Ch'in Empire) turned out to be Legists.
Hsiun-tzu's little trick saved Confucianism as a doctrine suitable for ruling the state; furthermore, it ensured (in combination with historical developments that, too, played a major part in this) its lasting success for more than two thousand years. And still, despite this great service to the doctrine, to which he (unlike his disciples) kept a lifelong loyalty, Hsiun-tzu dearly paid for having distorted the essence of the Master's image. His work, unlike the above-mentioned Meng-tzu, was never included into the Confucian canon.
Beside Hsiun-tzu, there were other Confucians who worked to adjust the doctrine to the political realities. By the end of the Chou period, they compiled two systematically arranged texts deserving attention. The first of those, Yili (Regulations and Rites), was dedicated to clearly embellished nostalgic reminiscences of the past, when the aristocrats allegedly adhered to the norms of rites and ceremonies and followed traditional customs. All the norms and ceremonies in question were painstakingly collected and described in the work to the minutest detail. On the whole, this text is to be regarded as a reminder of the lost past, written with the aim of extolling it, thereby enhancing the role of the tradition-defending Confucianism. The second work, Chouli (Rites of Chou, or Prescriptions of Chou), is an artificial reconstruction of the ideal imperial administrative system, which — though sung by tradition — never existed. The text enumerates ministries that consisted of numerous departments and offices full of innumerable bureaucrats and clerks, each of which is named by his office, with the sphere of his duties precisely delineated. However, these texts, which appeared too late, never played any significant part.
Having defeated his rivals, the last ruler of the Ch'in state unified the Un-der-Heaven in 221 B.C. and founded the first real empire of Chinese history, not a fancy of mythical tradition or Utopian reconstructions. That empire was created on the basis of a state that in many respects differed from most other states, in which the people honored age-old tradition revived and strengthened by Confucius in his day. Although in the time of Meng-tzu (and doubly so, of Hsiun-tzu), i.e., during the late Chou, the situation was quickly changing and many of Legist methods were already accepted in different states, in practice this borrowing lead to a combination of the two systems rather than to one replacing the other. No one dared to scorn tradition openly. And no one was able to do so even if he wished to. In a word, most of the empire was not ready to accept that severe anti-Confucian Legism, which was created in Ch'in by Shang Yang and continued to exist there.
However, this perturbed neither Ch'in Shih-Huang nor his prime minister Li Ssu. They were accustomed to use the stick and believed in its absolute power. Much was accomplished with the Legist stick for the brief 13 or 14 years of the Ch'in Empire's existence. The whole country was anew divided into 36 provinces headed by governors. When the question of supplying officials' relatives with landed estates arose (the normal practice of the early Chou), Li Ssu promptly reacted with a harsh denial. He realized all too well that this would have led to the emergence of destructive tendencies. Provinces were further subdivided into commanderies, prefectures, districts and other smaller administrative units. The heads of the six central ministries (military, judicial, financial, ceremonial, and of the court and of the emperor's protection), the officials of the all-powerful censorship branch as well as the local authorities held administrative ranks corresponding to their offices. The emperor ordered the populace of the states that warred against him to hand over all weapons and forcibly resettled about 120,000 rich and noble families from all over the empire to his capital in order to cut the ties between the aristocrats of the former states and their quondam subjects. All previously effective laws were repealed and supplanted with those of Shang Yang, which involved severe punishments for petty offences. The emperor standardized the measurements of length and weight and the writing system, which remains basically the same to this day. The administrative apparatus, including military units which constituted part of it, was strictly controlled and operated under double subordination (to local officials and to central ministry at the capital).