明法 (Illuminating the Law) — Chinese ink painting

管子 Guanzi · Chapter 46

明法

Illuminating the Law

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治國與亂國

Ordered States and Disordered States

所謂治國者,主道明也;所謂亂國者,臣術勝也。夫尊君卑臣,非計親也,以勢勝也;百官識,非惠也,刑罰必也。故君臣共道則亂,專授則失。

What is called an ordered state is one where the ruler's Way is clear. What is called a disordered state is one where the ministers' techniques have triumphed. That the ruler is exalted and the ministers are humbled is not a calculation of personal affection — it is the triumph of positional power. That the hundred officials are dutiful is not due to benevolence — it is because punishments are certain. When ruler and ministers share the same prerogatives, there is disorder; when authority is exclusively delegated to one person, there is failure.

四亡與法度

The Four Destructions and Legal Standards

夫國有四亡:令求不出謂之滅,出而道留謂之擁,下情求不上通謂之塞,下情上而道止謂之侵。故夫滅、侵、塞、擁之所生,從法之不立也。是故先王之治國也,不淫意於法之外,不為惠於法之內也。動無非法者,所以禁過而外私也。威不兩錯,政不二門。以法治國則舉錯而已。

A state has four paths to destruction: when commands are sought but cannot be issued, this is called extinction. When commands are issued but blocked en route, this is called obstruction. When the sentiments of those below seek to reach those above but cannot, this is called blockage. When the sentiments from below reach partway up but are stopped, this is called encroachment. The birth of extinction, encroachment, blockage, and obstruction all arise from the failure to establish law. Therefore when the former kings governed the state, they did not indulge their intentions beyond the law, nor bestow favors within the law. Every action conformed to law — this was how they prohibited transgressions and excluded private interests. Authority was not placed in two locations; governance did not issue from two gates. To govern the state by law is simply to take appropriate action, nothing more.

以法擇人

Selecting Men Through Law

是故有法度之制者,不可巧以詐偽;有權衡之稱者,不可欺以輕重;有尋丈之數者,不可差以長短。今主釋法以譽進能,則臣離上而下比周矣;以黨舉官,則民務交而不求用矣。是故官之失其治也,是主以譽為賞,以毀為罰也。

Therefore when there is a system of legal standards, one cannot be deceived by cunning fraud. When there are scales of weights and measures, one cannot be cheated regarding light and heavy. When there are measures of lengths, one cannot be misled regarding long and short. Now if the ruler abandons law and advances ability based on reputation, then ministers will depart from the ruler and form cliques below. If officials are appointed through factions, then the people will devote themselves to making connections rather than seeking to be useful. When officials fail in their governance, it is because the ruler has used reputation as reward and slander as punishment.

使法量功

Letting Law Measure Merit

是故先王之治國也,使法擇人,不自舉也;使法量功,不自度也。故能匿而不可蔽,敗而不可飾也;譽者不能進,而誹者不能退也。然則君臣之間明別,明別則易治也,主雖不身下為,而守法為之可也。

Therefore when the former kings governed the state, they let law select men rather than making selections personally; they let law measure merit rather than making assessments personally. Thus ability could not be concealed or hidden; failure could not be covered or adorned. Those who praised could not advance favorites, and those who slandered could not remove the worthy. In this way the distinction between ruler and minister was clear. When the distinction is clear, governance is easy. Even though the ruler does not personally manage everything below, entrusting governance to law suffices.

Edition & Source

Text
《管子》 Guanzi
Edition
《四部叢刊》本
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