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《韓非子》Vol. 20

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Taiqing 太清部 Vol. 20 / 20 4,296 characters

About this page. The original text of 《韓非子》 Vol. 20 (Taiqing 太清部, 20 volumes) is shown in Classical Chinese as transmitted in the Kanripo (Kyoto University) edition. An English interpretation of the 9 passages on this page accompanies it: select a passage or press “Interpretation” to show it. All texts in English

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Source textInterpretation

韓非子卷之二十    忠孝第五十一 天下皆以孝悌忠順之道爲是也而莫知察 孝悌忠順之道而審行之是以天下亂皆以 堯舜之道爲是而法之是以有弑君有曲於 父堯舜湯武或反君臣之義亂後世之教者 也堯爲人君而君其臣舜爲人臣而臣其君 湯武爲人臣而弑其主刑其尸而天下譽之 此天下所以至今不治者也夫所謂眀君者 能畜其臣者也所謂賢臣者能眀法辟治官 職以戴其君者也今堯自以爲明而不能以 畜舜舜自以爲賢而不能以戴堯湯武自以 爲義而弑其君長此明君且常與而賢臣且 常取也故至今爲人子者有取其父之家爲 人臣者有取其君之國者矣父而讓子君而 讓臣此非所以定位一教之道也臣之所聞 曰臣事君子事父妻事夫三者順則天下治 三者逆則天下亂此天下之常道也明王賢 臣而弗易也則人主雖不肖臣不敢侵也今 夫上賢任智無常逆道也而天下常以爲治 是故田氏奪吕氏於齊戴氏奪子氏於宋此 皆賢且智也豈愚且不肖乎是廢常上賢則 亂舍法任智則危故曰上法而不上賢記曰 舜見瞽叟其容造焉(造愁/貌也)孔子曰當是時也 危哉天下岌岌有道者父固不得而子君固 不得而臣也臣曰孔子本未知孝悌忠順之 道然則有道者進不得爲臣主退不得爲父
Interpretation

Han Feizi delivers a scathing critique of the blind veneration of "filial piety, fraternal duty, loyalty, and obedience" in his chapter "Loyalty and Filial Piety." He observes that while everyone in the world considers the principles of serving one's parents dutifully and remaining loyal to one's ruler as correct, they fail to examine the actual consequences of these principles. It is precisely because people mindlessly emulate the ways of Yao and Shun that regicide, rebellion, and distorted father-son relationships have become rampant.

The text cites historical examples: Yao, as a ruler, abdicated his throne to his minister Shun, while Shun, as a subject, supplanted his sovereign Yao. Likewise, Tang of Shang and Wu of Zhou, as subjects, murdered their rulers and even desecrated their corpses, yet were praised by the world. Han Feizi argues that such actions undermine the proper hierarchy between ruler and subject, and are the root cause of the persistent disorder in the world.

In Han Feizi's view, a truly enlightened ruler should be able to control his ministers, while virtuous ministers should strictly adhere to laws and fulfill their duties in assisting the ruler. The abdication of Yao and Shun, as well as the revolutions of Tang and Wu, in fact disrupt this proper ruler-subject relationship. He particularly emphasizes the "three bonds" — the subject serving the ruler, the son serving the father, and the wife serving the husband — asserting that when these relationships are maintained, the world is orderly; when they are violated, chaos ensues.

Finally, Han Feizi uses Confucius's deferential attitude when meeting Gusou (Shun's father) as an example to argue that even Confucius did not truly understand the proper way of filial piety, fraternal duty, loyalty, and obedience. He contends that promoting so-called "virtuous men" leads to individuals who are neither content to remain subjects nor sons, ultimately undermining social order. Han Feizi advocates "valuing laws over worthies," stressing the importance of rule by law and opposing the blind admiration of so-called rule by virtuous men.

子邪父之所以欲有賢子者家貧則富之父 苦則樂之君之所以欲有賢臣者國亂則治 之主卑則尊之今有賢子而不爲父則父之 處家也苦有賢臣而不爲君則君之處位也 危然則父有賢子君有賢臣適足以爲害耳 豈得利焉哉所謂忠臣不危其君孝子不非 其親今舜以賢取君之國而湯武以義放弑 其君此皆以賢而危主者也而天下賢之古 之烈士進不臣君退不爲家是進則非其君 退則非其親者也且夫進不臣君退不爲家 亂世絶嗣之道也是故賢堯舜湯武而是烈 士天下之亂術也瞽叟爲舜放之象爲舜弟 而殺之放父殺弟不可謂仁妻帝二女而取 天下不可謂義仁義無有不可謂明詩云普 天之下莫非王土率土之濱莫非王臣信若 詩之言也是舜出則臣其君入則臣其父妾 其母妻其主女也故烈士内不爲家亂世絶 嗣而外矯於君朽骨爛肉施於土地流於川 谷不避蹈水火使天下從而效之是天下徧 死而願夭也此皆釋世而不治是也世之所 爲烈士者離衆獨行取異於人爲恬淡之學 而理恍惚之言臣以爲恬淡無用之教也恍 惚無法之言也言出於無法教出於無用者 天下以之察臣以爲人生必事君養親不可 以恬淡之人必以言論忠信法術言論忠信 法術不可以恍惚恍惚之言恬淡之學天下
Interpretation

Han Feizi's passage addresses a pointed dilemma: virtuous ministers and filial sons who fail in their duties to rulers and fathers may actually bring harm.

He first observes that fathers desire good sons hoping poverty may turn to wealth and hardship to comfort; rulers seek worthy ministers hoping chaos may be ordered and lowly status elevated. Yet if a capable son doesn't assist his father, the father suffers more at home; if a virtuous minister doesn't support his ruler, the ruler's position becomes more precarious. Such "virtue" only brings harm.

He then critiques historically celebrated sages: Shun seized his ruler's state through virtue, while Tang of Shang and Wu of Zhou exiled or killed their sovereigns in the name of righteousness. These so-called worthies actually endangered rulers yet were praised universally. Ancient martyrs (referring to unconventional sages) neither submitted to rulers at court nor attended to family at home—rejecting both sovereign and kin—thus fostering chaotic times and severed lineages.

Han Feizi particularly condemns Shun: banishing his blind father Gusou and killing his brother Xiang cannot be called benevolence; marrying Yao's two daughters to gain the realm cannot be called righteousness. If, as the Book of Songs states, "All under heaven belongs to the king, all people are his subjects," then Shun was simultaneously a ruler's minister abroad yet his father's sovereign at home, while wedding the ruler's daughters—utterly violating ethics.

He concludes: these martyrs' domestic neglect severs lineages; their feigned service to rulers leaves bones rotting in wilderness, yet they inspire universal emulation—leading all to ruin. Their doctrines of bland non-action (Wuwei) and ambiguous rhetoric Han Feizi deems useless. Living men must serve rulers and support parents, not pursue empty tranquility; they must uphold loyalty, trust, and legal measures, not indulge in nebulous discourse.

之惑術也孝子之事父也非競取父之家 也忠臣之事君也非競取君之國也夫爲 人子而常譽他人之親曰某子之親夜寢早 起强力生財以養子孫臣妾是謗誹其親者 也爲人臣常譽先王之德厚而願之誹謗其 君者也非其親者知謂之不孝而非其君者 天下賢之此所以亂也故人臣毋稱堯舜之 賢毋譽湯武之伐毋言烈士之高盡力守法 專心於事主者爲忠臣古者黔首俛密蠢愚 (悗忘/情貌)故可以虚名取也今民儇詗智慧欲自 用不聽上上必且勸之以賞然後可進又且 畏之以罰然後不敢退而世皆曰許由讓天 下賞不足以勸盜跖犯刑赴難不足以禁臣 曰未有天下而無以天下爲者許由是也已 有天下而無以天下爲者堯舜是也毁廉求 財犯刑趨利忘身之死者盜跖是也此二者 殆物也治國用民之道也不以此二者爲量 治也者治常者也道也者道常者也殆物妙 言治之害也天下太上之士不可以賞勸也 天下太下之士不可以爲刑禁也然爲太上 士不設賞爲太下士不設刑則治國用民之 道失矣故世臣多不言國法而言從横諸侯 言從者曰從成必霸而言横者曰横成必王 山東之言從横未嘗一日而止也然而功名 不成霸王不立者虚言非所以成治也王者 獨行謂之王是以三王不務離合而止五霸
Interpretation

This passage expounds profound principles regarding the path of loyalty and filial piety. A filial son serves his father not to contend for family property, just as a loyal minister serves his ruler not to seize the state. If a son constantly praises how diligent and capable other parents are, he's actually disparaging his own parents in subtle ways. When ministers ceaselessly extol the benevolence of ancient rulers, they're implicitly criticizing their current sovereign.

Those who criticize their parents are deemed unfilial, yet those who criticize rulers are paradoxically praised by society as virtuous—this lies at the root of social disorder. Therefore, truly loyal ministers shouldn't persistently speak of Yao and Shun's wisdom, shouldn't glorify the achievements of Tang of Shang or Wu of Zhou, nor should they idly discuss martyrs' nobility. What they should do is maintain their proper roles and devote themselves to serving their ruler.

In ancient times, the common people were simple and guileless, easily motivated by empty fame. But modern people are clever and shrewd, always wanting to act independently and disobey superiors. For such people, rewards must be used to encourage their progress, and punishments to prevent their retreat.

Some argue that figures like Xu You—who declined rulership—couldn't be motivated by any reward, or that notorious bandits like Zhi wouldn't be deterred by any punishment. But governance shouldn't take such extreme cases as standards. A state must be governed by ordinary principles—overemphasizing exceptional cases would harm proper administration.

The highest type of person needs no rewards for motivation, while the lowest type fears no punishments. Yet abolishing the reward-punishment system based on these extremes would mean abandoning fundamental governing principles. Nowadays many ministers disregard state laws while obsessing over diplomatic strategies of horizontal and vertical alliances. Such empty talk can never achieve true kingly accomplishments. True monarchs focus on their own governing Dao (the Way)—thus the Three Sovereigns and Five Emperors achieved merit without relying on flashy diplomatic maneuvers.

不待從横而察治内以裁外而已矣    人主第五十二 人主之所以身危國亡者大臣太貴左右太 威也所謂貴者無法而擅行操國柄而便私 者也所謂威者擅權勢而輕重者也此二者 不可不察也夫馬之所以能任重引車致遠 道者以筋力也萬乘之主千乘之君所以制 天下而征諸侯者以其威勢也威勢者人主 之筋力也今大臣得威左右擅勢是人主失 力而能有國者千無一人虎豹之所以能勝 人執百獸者以其爪牙也當使虎豹失其爪 牙則人必制之矣今勢重者人主之爪牙也 君人而失其爪牙虎豹之類也宋君失其爪 牙於子罕簡公失其爪牙於田常而不蚤奪 之故身死國亡今無術之主皆明知宋簡之 過也而不悟其失不察其事類者也且法術 之士與當途之臣不相容也何以明之主有 術士則大臣不得制斷近習不敢賣重大臣 左右權勢息則人主之道明矣今則不然其 當途之臣得勢擅事以環其私左右近習朋 黨比周以制䟽遠則法術之士奚時得進用 人主奚時得論裁故有術不必用而勢不兩 立法術之士焉得無危故君人者非能退大 臣之議而背左右之訟獨合乎道言也則法 術之士安能蒙死亡之危而進說乎此世之 所以不治也明主者推功而爵禄稱能而官 事所舉者必有賢所用者必有能賢能之士
Interpretation

Han Feizi in this passage elucidates the dangers of a ruler's authority being usurped by ministers and courtiers. He employs an analogy: just as a horse relies on its sinews and bones to bear weight and pull carts, a ruler governs the realm through his commanding presence (wei shi). If ministers seize this presence and courtiers monopolize power, the ruler loses his governing strength—like a tiger stripped of its claws and fangs.

The text cites two historical warnings: the ruler of Song losing power to Zihan, and Duke Jian of Qi being sidelined by Tian Chang—both perished because they failed to reclaim authority in time. Many rulers today, though aware of these lessons, remain blind to the identical threats they face.

Han Feizi observes that true masters of statecraft (fa shu zhi shi) are often marginalized by entrenched ministers. Were rulers to employ such experts, powerful officials could no longer act arbitrarily, and courtiers would dare not flaunt their influence. Yet the opposite prevails: factions of self-serving ministers exclude the worthy, leaving genuine talent neglected.

He concludes by stressing that enlightened rulers must reward merit and appoint based on capability. Only by elevating the truly competent can a state be well-governed. Beneath its surface, this passage warns rulers to vigilantly safeguard their authority, curb ministerial overreach, and discern and employ capable individuals.

進則私門之請止矣夫有功者受重禄有能 者處大官則私劔之士安得無離於私勇而 疾距敵游宦之士焉得無撓於私門而務於 清潔矣此所以聚賢能之士而散私門之屬 也今近習者不必智人主之於人也或有所 知而聽之入因與近習論其言聽近習而不 計其智是與愚論智也其當途者不必賢人 主之於人或有所賢而禮之入因與當途者 論其行聽其言而不用賢是與不肖論賢也 故智者使策於愚人賢士程行於不肖則賢 智之士奚時得用而主之明塞矣昔關龍逢 說桀而傷其四支王子比干諫紂而剖其心 子胥忠直夫差而誅於屬鏤此三子者爲人 臣非不忠而說非不當也然不免於死亡之 患者主不察賢智之言而蔽愚不肖之患也 今人主非肯用法術之士聽愚不肖之臣則 賢智之士孰敢當三子之危而進其智能者 乎此世之所以亂也    飭令第五十三 飭令則法不遷法平則吏無姦法已定矣不 以善言售法任功則民少言任善則民多言 行法曲斷以五里斷者王(能參驗五里然後/斷斷定其罪如此) (者王/也)以九里斷者强(既王/且强)宿治者削(宿置也/若委置) (其法則/必削)以刑治以賞戰厚禄以用術行都之 過則都無姦市物多末衆農弛姦勝則國必 削民有餘食使以粟出爵必以其力則震不
Interpretation

This passage from Han Feizi primarily discusses how rulers should select talent and govern the state. In modern terms:

At court, if those who have achieved merit receive generous rewards and the capable hold important positions, then those who rely on personal connections to coast along won’t be able to climb the ranks through cunning schemes. This way, genuine talent can be gathered while those who gain favor through backdoor dealings are driven out.

A common mistake rulers make today is this: their close confidants aren’t necessarily wise, yet when the ruler listens to them, it’s like discussing wisdom with fools. Those in power aren’t necessarily virtuous, yet when the ruler consults their opinions, it’s like debating virtue with mediocrities. The result is that the wise end up taking orders from fools, and the virtuous are judged by the mediocre—when will true talent ever be put to proper use? This is how rulers become deluded.

History offers tragic examples: Guan Longfeng was executed for remonstrating with the tyrant Jie of Xia; Bi Gan had his heart cut out for advising King Zhou of Shang; Wu Zixu was killed for loyally admonishing King Fuchai of Wu. These loyal ministers didn’t err in their counsel—the tragedy lay in the rulers’ inability to distinguish wisdom from folly. If today’s rulers refuse to employ those truly skilled in statecraft but instead heed mediocre officials, what wise person would dare risk death to offer advice? This is the root of great disorder in the world.

Regarding the enforcement of laws: Legal statutes must be clear and fixed, not arbitrarily altered. When justice is impartially applied, officials find it hard to commit wrongdoing. Once laws are established, don’t let smooth talk undermine them. Appoint based on merit, and the people will engage less in empty talk; appoint based on reputation, and the people will chase hollow fame.

A ruler who can verify details within a five-li radius in legal cases may be called a true king. A state that investigates cases within nine li will grow strong. Delayed justice weakens the nation. Govern through penalties, motivate warfare through rewards, and grant generous stipends so officials employ sound methods. Inspect urban misconduct, and cities will harbor fewer evildoers. If luxury goods flood the markets, farmers grow lax, and unscrupulous merchants thrive, the state is sure to decline. When the people have surplus grain, let them exchange it for titles—but only through real contributions. This is how a nation remains strong and enduring.

怠三寸之管毋當不可滿也(雖受不多然無/當則不可滿也) 授官爵出利禄不以功是無當也國以功授 官與爵此謂以成智謀以威勇戰其國無敵 國以功授官與爵則治見者省言有塞此謂 以治去治以言去言以功與爵者也故國多 力而天下莫之能侵也兵出必取取必能有 之案兵不攻必當朝廷之事小者不毁效功 取官爵廷雖有辟言不得以相干也是謂以 數治以力攻者出一取十以言攻者出十喪 百國好力此謂以難攻國好言此謂以易攻 其能勝其害輕其任而道壞餘力於心莫負 乘官之責於君内無伏怨使明者不相干故 莫訟使士不兼官故技長使人不同功故莫 争言此謂易攻重刑少賞上愛民民死賞多 賞輕刑上不愛民民死賞利出一空者其國 無敵利出二空者其兵半用利出十空者民 不守重刑明民大制使人則上利行刑重其 輕者輕者不至至重者不來此謂以刑去刑 罪重而輕刑輕刑則事生此謂以刑致刑其 國必削    心度第五十四 聖人之治民度於本不從其欲期於利民而 已故其與之刑非所以惡民愛之本也刑勝 而民靜賞繁而姦生故治民者刑勝治之首 也賞繁亂之本也夫民之性喜其亂而不親 其法故眀主之治國也眀賞則民勸功嚴刑 則民親法勸功則公事不犯親法則姦無所
Interpretation

This passage primarily discusses the principles and methods of governing a state.

It begins with the metaphor of a pipe: a three-inch-wide pipe without a bottom can never be filled. Similarly, if a state grants official titles and ranks without considering merit, it is like a bottomless pipe. The state should confer positions based on actual achievements, as this will inspire the wise and the brave, making the country strong and invincible.

The text emphasizes selecting officials based on tangible accomplishments, which reduces empty talk and strengthens the nation's power. Governing through practical results ensures military victories when deploying troops, whereas indulging in rhetoric leads to national decline. The state should adhere to a single, unified standard for selection (benefits flowing from one source), making it unrivaled under heaven.

Regarding punishments and rewards, it advocates severe penalties and modest rewards. Strict punishments ensure the people abide by the law and reduce crime. Lax penalties, on the contrary, breed more offenses. Excessive rewards create chaos, while measured incentives properly motivate the populace.

Finally, it states that a sage ruler governs by grasping the root principles, not indulging the people's selfish desires, and acting for their benefit. Punishments are not borne from hatred but are fundamental to caring for the people. Clear and firm penalties bring stability, whereas excessive rewards foster deceit. A wise ruler must establish clear rewards to encourage merit and enforce strict punishments to ensure the people obey the law.

萌故治民者禁姦於未萌而用兵者服戰於 民心禁先其本者治兵戰其心者勝聖人之 治民也先治者彊先戰者勝夫國事務先而 一民心專舉公而私不從賞告而姦不生明 法而治不煩能用四者强不能用四者弱夫 國之所以强者政也主之所以尊者權也故 明君有權有政亂君亦有權有政積而不同 其所以立異也故明君操權而上重一政而 國治故法者王之本也刑者愛之自也夫民 之性惡勞而樂佚佚則荒荒則不治不治則 亂而賞刑而不行於天下者必塞故欲舉大 功而難致力者大功不可幾而舉也欲治其 法而難變其故者民亂不可幾而治也故治 民無常唯治爲法法與時轉則治治與世宜 則有功故民樸而禁之以名則治世知雒之 以刑則從時移而治不易者亂能治衆而禁 不變者削故聖人之治民也法與時移而禁 與能變能越力於地者富能起力於敵者强 强不塞者王故王道在所聞在所塞塞其姦 者必王故王術不恃外之不亂也恃其不可 亂也恃外不亂而治立者削恃其不可亂而 行法者興故賢君之治國也適於不亂之術 貴爵則上重故賞功爵任而邪無所關好力 者其爵貴爵貴則上尊上尊則必王國不事 力而恃私學者其爵賤爵賤則上卑上卑者 必削故立國用民之道也能閉外塞私而上 自恃者王可致也
Interpretation

The essence of governing the people lies in preventing wickedness before it sprouts; the key to military strategy is subduing the enemy's will before battle. When sages govern, they achieve order by grasping the root; in warfare, victory comes by conquering hearts. To rule a state, one must prioritize crucial matters, unify the people's will, uphold public righteousness while suppressing selfish desires, reward reporting to eliminate wickedness, clarify laws while avoiding excessive complexity. A state that achieves these four will prosper; one that fails will decline.

The foundation of a strong state lies in clear governance, and the basis of a ruler's dignity rests on stable authority. Though both enlightened and foolish rulers hold power and issue decrees, their outcomes differ entirely—the distinction lies in how they are applied. An enlightened ruler wields authority to solidify the sovereign's prestige and unifies governance to stabilize the nation. Law is the root of ruling the realm, while punishment, paradoxically, embodies love for the people. Human nature tends toward comfort and avoids hardship, yet comfort leads to negligence, negligence to mismanagement, and mismanagement to chaos. If rewards and punishments are not enforced nationwide, governance will inevitably falter.

Those who seek great achievements without effort will never accomplish anything significant; states that attempt legal reform but struggle to change old customs will find their people's unrest impossible to govern. There is no fixed model for ruling the people—only principles that fit. Laws must evolve with the times to be effective; policies must align with the era to achieve merit. In times of simple customs, moral education suffices for governance; in eras of cunning deceit, punishments are necessary to restrain. If governance methods remain unchanged while the times shift, chaos ensues; if prohibitions stay rigid while managing the masses, the state weakens.

The sage's way of governance lies in adjusting laws with the times and adapting prohibitions to capabilities. Those who fully exploit the land's potential enrich the state; those who mobilize the people's strength against enemies strengthen the nation. If the path to strength remains unblocked, one may rule the world. The way of kingship requires keen discernment to obstruct wickedness. True kingship does not rely on external stability but ensures internal impossibility of chaos. States dependent on external peace for survival will decline; those thriving through internal stability and legal enforcement will prosper.

Wise rulers govern by emphasizing techniques to prevent chaos: valuing the system of ranks solidifies the ruler's authority. Rewarding merit and employing the worthy leave no opening for wickedness. In states that honor military might, ranks are esteemed; esteemed ranks bring the ruler dignity, and dignity ensures kingship. States neglecting strength in favor of private connections and empty learning debase ranks; debased ranks diminish the ruler, leading inevitably to decline. Thus, the fundamental way to establish a state and employ the people lies in sealing external influences, blocking private channels, and relying on one's own strength—only then can the kingly enterprise be achieved.

   制分第五十五 夫凡國博君尊者未嘗非法重而可以至乎 令行禁止於天下者也是以君人者分爵禄 制則法必嚴以重之夫國治則民安事亂則 邦危法重者得人情禁輕者失事實且夫死 力者民之所有者也情莫不出其死力以致 其所欲而好惡者上之所制也民者好利禄 而惡刑罰上掌好惡以御民力事實不宜失 矣然而禁輕事失者刑賞失也其治民不秉 法爲善也如是則是無法也故治亂之理宜 務分刑賞爲急治國者莫不有法然而有存 有亡亡者其制刑賞不分也治國者其刑賞 莫不有分有持以異爲分不可謂分至於察 君之分獨分也是以其民重法而畏禁願毋 抵罪而不敢胥賞故曰不待刑賞而民從事 矣是故夫至治之國善以止姦爲務是何其 法通乎人情關乎治理也然則去微姦之道 奈何其務令之相規其情者也則使相闚奈 何曰蓋里相坐而已(同里有罪/罪心相坐)禁尚有連於 已者理不得相闚惟恐不得免有姦心者不 令得忘闚者多也如此則愼已而闚彼發姦 之密告過者免罪受賞失姦者必誅連刑如 此則姦類發矣姦不容細私告任坐使然也 (任保也同里相保之/人則坐之故曰任坐)夫治法之至明者任數 不任人是以有術之國不用譽則毋適境内 必治任數也亡國使兵公行乎其地而弗能
Interpretation

The text discusses how the foundation of governing a state lies in clearly defining the boundaries between punishment and reward, and how to use laws to regulate the people's conduct.

For a state to be strong and a ruler to command authority, there is no path that does not rely on strict legal standards. The smooth implementation of laws across the land—where orders are obeyed and prohibitions observed—depends on the ruler's control over the distribution of ranks and emoluments, as well as the establishment of rigorous legal systems. When governance is orderly, the people are at peace; when administration is chaotic, the state is endangered. Only severe laws can align with human nature, while lax prohibitions lose their effectiveness.

By nature, people are willing to exert their utmost efforts in pursuit of profit, while they detest punishment. A ruler who controls rewards and penalties to harness the people's strength should, in theory, face no failures. Yet in reality, prohibitions often fail, and governance descends into disorder—usually because the balance between punishment and reward is mishandled. If the ruler governs the people without adhering to the law, it is as if no law exists at all. Thus, the most crucial task in statecraft is to clearly distinguish the criteria for rewards and punishments.

All rulers enact laws, yet some states flourish while others perish—the difference lies in whether they can clearly demarcate punishment and reward. A truly enlightened ruler masters this "boundary" with precision, so the people revere the law and dare not violate prohibitions, even obeying voluntarily without the need for punishment. The most ideal state of governance prioritizes the prevention of wrongdoing, ensuring that laws resonate with human sentiment and align with administrative needs.

To eradicate covert wrongdoing, the key is to make people supervise one another. The specific method is to implement the "collective responsibility system" (where neighbors share liability for crimes), compelling people, out of fear of implication, not to conceal wrongdoing but to actively expose it. Informants are exempt from punishment and rewarded, while those who conceal crimes face severe penalties. Thus, wrongdoing finds no refuge—even the slightest offenses are reported. This is the effect of the collective responsibility system.

The highest art of governance relies on systems, not individuals. Therefore, a state skilled in statecraft does not depend on the reputation of virtuous men, yet peace prevails within its borders; whereas a declining state, despite deploying patrols and armies, cannot suppress disorder.

圉禁者任人而無數也自攻者人也攻人者 數也故有術之國去言而任法凡畸功之循 約者難知過刑之於言者難見也是以刑賞 惑乎貳所謂循約難知者姦功也臣過之難 見者失根也循理不見虚功度情詭乎姦根 則二者安得無兩失也是以虚士立名於内 而談者爲略於外故愚怯勇慧相連而以虚 道屬俗而容乎世故其法不用而刑罰不加 乎僇人如此則刑賞安得不容其貳故實有 所至而理失其量量之失非法使然也法定 而任慧也釋法而任慧者則受事者安得其 務務不與事相得則法安得無失而刑安得 無煩是以賞罰擾亂邦道差誤刑賞之不分 白也 韓非子卷之
Interpretation

This passage discusses the distinction between rule by law and rule by men. It points out that governance based on personal will (rule by men) leads to chaos, whereas reliance on legal statutes (rule by law) maintains order.

Imprisoning criminals in cages (confinement) represents artificial control, while legal sanctions (punishing offenders) follow established procedures. A state that truly understands the Dao of governance should minimize empty rhetoric and strictly enforce its laws. Those achievements that appear compliant with regulations yet are difficult to verify (irregular merits), as well as faults hidden in speech that are hard to detect (unjust punishments), both result in disorder in rewards and penalties.

The text specifically highlights two dangers: one is the difficulty in identifying false achievements (fraudulent merits), and the other is the challenge of uncovering the root causes of faults (hidden errors). If judgments are made solely based on superficial appearances, it leads to dual errors. The consequence is that opportunists (hollow scholars) within the state seek fame through deception, while empty talkers boast and exaggerate abroad, rendering the law ineffective.

The key point is this: once laws are established, they must not be arbitrarily interpreted through personal cleverness (relying on wisdom). If those who enforce the law do not adhere to it, governance cannot proceed properly, the law loses its authority, and punishments become chaotic. Ultimately, this leads to deviations in state administration, where rewards and penalties lack clear standards (confusion in punishments and rewards).

Han Feizi emphasizes that this is not a flaw in the law itself, but rather the disastrous consequence of abandoning legal standards and abusing personal judgment.

二十

Source text: Kanripo 漢籍リポジトリ(KR5f0011); Licence: CC BY-SA 4.0 · Report an error / feedback

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