This talk, based on newly mined data from newly unearthed manuscripts and traditional sources,
explores convict politics in the early Chinese empires. Whereas a substantial number of
bureaucratic personnel were convict laborers, assisting local officials, the central court
reemployed numerous previously convicted individuals as high officials. The talk argues that
convict politics emerged because the mutual responsibility system and high-performance-
oriented law extensively criminalized people, including the innocent. Convicts were not only the
continuity of politics but were politics itself.
Scholars of Chinese history are well-acquainted with the use of convict labor for various state
projects. This talk will focus on convict labor in local government and convict politics in central
court. I argue that via a framework of legal regulations, structured institutional mechanisms, and
systematic administrative processes, convict laborers were integrated as essential aides to
officials in the realm of local governance. While being used as objects and instruments to sustain
the political economy, convicts at the same time occupied crucial positions in operating the local
governmental apparatus, regularly assisting technical bureaucrats in administering the populace.
The administrative space in local government was an open prison.
Convict politics also characterized the central court. Former convicts were entrusted with power,
serving as important officials or even chancellors. Approximately 20% of recorded high officials
throughout the two centuries of the Western Han were once condemned; some of them even
received the death penalty but they managed to re-ascend to the center of politics. At the same
time, officials easily fell into the law and became convicts themselves. As a high-risk job,
approximately 40% of the high officials during their tenures were accused of violating the law
and received punishments ranging from hard labor to the death penalty. Severe tension emerged
between the nature of the law and the status of convicts, between the lawful and the guilty, and
between the philosophical elaboration on the treatment of criminals and the actual practice.