難二 (Difficulties, Part Two) — Chinese ink painting

韓非子 Hanfeizi · Chapter 37

難二

Difficulties, Part Two

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一:晏子貴踴

One: Yanzi and the Price of Prosthetic Feet

景公過晏子,曰:"子宮小,近市,請徙子家豫章之圃。"晏子再拜而辭曰:"且嬰家貧,待市食,而朝暮趨之,不可以遠。"景公笑曰:"子家習市,識貴賤乎?"是時景公繁於刑。晏子對曰:"踴貴而屨賤。"景公曰:"何故?"對曰:"刑多也。"景公造然變色曰:"寡人其暴乎!"於是損刑五。

或曰:晏子之貴踴,非其誠也,欲便辭以止多刑也。此不察治之患也。夫刑當無多,不當無少。無以不當聞,而以太多說,無術之患。敗軍之誅以千百數,猶且不止;即治亂之刑如恐不勝,而奸尚不盡。今晏子不察其當否,而以太多為說,不亦妄乎?

Duke Jing visited Yanzi and said: 'Your residence is small and close to the market. Let me move your household to the gardens of Yuzhang.' Yanzi bowed twice and declined: 'My household is poor. We depend on the market for food, going there morning and evening. It cannot be far away.' Duke Jing laughed: 'Your household knows the market well. Do you know what is dear and what is cheap?' At this time, Duke Jing was excessive in his punishments. Yanzi replied: 'Prosthetic feet are dear and shoes are cheap.' Duke Jing asked why. Yanzi replied: 'Because there are too many amputations.' Duke Jing's expression changed abruptly: 'Am I so cruel?' Thereupon he reduced punishments by five-tenths.

One may object: Yanzi's remark about prosthetic feet was not sincere; he wished to use clever words to stop excessive punishment. This is the error of not examining governance carefully. When punishments are appropriate, they are never too many; when inappropriate, they are never too few. Yanzi did not present the case as one of inappropriateness, but argued that they were too numerous -- this is the failing of having no method. When a defeated army is punished, the executions number in the hundreds and thousands, and still they do not stop retreating. When governing disorder, punishments seem never enough, and still villainy is not exhausted. Now Yanzi did not examine whether the punishments were appropriate or not, but merely argued they were too many. Is this not reckless?

Notes

1person晏嬰Yan Ying

Yan Ying (晏嬰), styled Yanzi, served as chief minister of Qi under Duke Jing. He was famous for his frugality and forthright counsel.

2context

Han Fei's rebuttal makes a precise distinction: the question is never whether punishments are 'too many' or 'too few' in absolute terms, but whether they are 'appropriate' (當) or not. A well-designed legal system produces exactly as many punishments as are needed -- focusing on the number rather than the design is symptomatic of lacking method.

二:桓公遺冠

Two: Duke Huan Loses His Cap

齊桓公飲酒醉,遺其冠,恥之,三日不朝。管仲曰:"此非有國之恥也,公胡其不雪之以政?"公曰:"胡其善!"因發倉囷賜貧窮,論囹圄出薄罪。外三日而民歌之曰:"公胡不復遺冠乎!"

或曰:管仲雪桓公之恥天小人,而生桓公之恥於君子矣。使桓公發倉囷而賐貧窮,訟囹圄而出薄罪,非義也,不可以雪恥;使之而義也,桓公宿義,須遺冠而後行之,則是桓公行義非為遺冠也?是雖雪遺冠之恥於小人,而亦遺義之恥於君子矣。且夫發囷倉而賐貧窮者,是賞無功也;論囹圄而出薄罪者,是不誅過也。夫賞無功,則民偷幸而望於上;不誅過,則民不懲而易為非。此亂之本也,安可以雪恥哉?

Duke Huan of Qi got drunk and lost his cap. Ashamed, he did not hold court for three days. Guan Zhong said: 'This is not a disgrace for a ruler of a state. Why not wash away the shame through good governance?' The duke said: 'Excellent!' He opened the granaries and distributed grain to the poor, reviewed the prisons and released those convicted of minor offenses. Within three days, the people sang: 'Would that our lord might lose his cap again!'

One may object: Guan Zhong washed away Duke Huan's shame before the common people, but created a new shame for Duke Huan before the principled. If opening the granaries and releasing minor offenders was not righteous, then it cannot wash away shame. If it was righteous, then Duke Huan had long known what was right but waited until he lost his cap to act -- which means he acted from embarrassment, not righteousness. Though this washes away the shame of the lost cap before the common people, it creates the shame of delayed righteousness before the principled.

Moreover, opening the granaries to give to the poor is rewarding those without merit. Releasing minor offenders is failing to punish transgressions. Rewarding those without merit causes the people to seek unearned favors and look to the ruler for handouts. Failing to punish transgressions causes the people to feel no deterrence and to transgress easily. These are the roots of disorder. How can they wash away shame?

Notes

1context

Han Fei's rebuttal follows a characteristic two-pronged attack: first a logical dilemma (if righteous, why wait? if not righteous, how does it help?), then a structural critique (rewarding without merit and pardoning without cause both undermine the legal order).

三:文王與千里之地

Three: King Wen and the Territory of a Thousand Li

昔者文王侵孟、克莒、舉酆,三舉事而紂惡之。文王乃懼,請入洛西立地、赤壤之國方千里,以請解炮烙之刑。天下皆說。仲尼聞之,曰:"仁哉,文王!輕千里之國而請解炮烙之刑。智哉,文王!出千里之地而得天下之心。"

或曰:仲尼以文王為智也,不亦過乎?夫智者,知禍難之地而辟之者也,是以身不及於患也。使文王所以見惡於紂者,以其不得人心耶,則雖索人心以解惡可也。紂以其大得人心而惡之,己又輕地以收人心,是重見疑也,固其所以桎梏、囚於羑里也。

In the past, King Wen invaded Meng, conquered Ju, and took Feng. After these three campaigns, King Zhou of Shang grew hostile toward him. King Wen became afraid and offered to cede the territory west of the Luo River -- the domain of red soil, a thousand li on each side -- in exchange for the abolition of the punishment of roasting on the bronze pillar. All-Under-Heaven rejoiced. Confucius heard and said: 'How benevolent, King Wen! He gave up a domain of a thousand li to request the abolition of roasting on the bronze pillar. How wise, King Wen! He gave up territory of a thousand li and won the hearts of All-Under-Heaven.'

One may object: Confucius's judgment that King Wen was wise is surely mistaken. A wise man is one who recognizes the ground of disaster and avoids it, so that his person never comes to harm. If King Zhou's hostility toward King Wen arose because Wen had not won the people's hearts, then seeking the people's hearts to resolve the hostility would be reasonable. But Zhou was hostile precisely because Wen had won too many hearts. To then give up territory to win even more hearts is to redouble the suspicion -- and this is precisely why he was shackled and imprisoned at Youli.

Notes

1person周文王Zhou Wen Wang

King Wen of Zhou (周文王) was the father of King Wu who overthrew the Shang. His imprisonment at Youli by King Zhou of Shang is one of the most famous events in Chinese antiquity.

2place羑里Youli

Youli (羑里) was the prison where King Zhou of Shang held King Wen captive. According to tradition, King Wen composed commentaries on the Yi Jing during his imprisonment.

四:叔向與師曠論霸

Four: Shu Xiang and Shi Kuang Debate the Source of Hegemony

晉平公問叔向曰:"昔者齊桓公九合諸侯,一匡天下,不識臣之力也?"叔向對曰:"管仲善制割,賓胥無善削縫,隰朋善純緣,衣成,君舉而服之。亦臣之力也,君何力之有?"師曠伏琴而笑之。

或曰:叔向、師曠之對,皆偏辭也。夫一匡天下,九合諸侯,美之大者也,非專君之力也,又非專臣之力也。

Duke Ping of Jin asked Shu Xiang: 'In the past, Duke Huan of Qi united the feudal lords nine times and rectified All-Under-Heaven. Was this the ministers' achievement, I wonder, or the ruler's?' Shu Xiang replied: 'Guan Zhong was skilled at cutting the pattern, Bin Xuwu at trimming the seams, Xi Peng at hemming the edges. The garment was completed, and the lord merely lifted it and wore it. It was the ministers' achievement. What contribution did the lord make?' Shi Kuang leaned on his zither and laughed.

One may object: The answers of both Shu Xiang and Shi Kuang are one-sided. To unite All-Under-Heaven and assemble the feudal lords nine times -- this is a great achievement. It was not solely the ruler's doing, nor solely the ministers'.

Notes

1person叔向Shu Xiang

Shu Xiang (叔向) was a prominent minister of Jin known for his forthright counsel to Duke Ping.

2context

Han Fei argues that both 'it was the ministers' and 'it was the ruler' are partial truths. Achievement requires both a capable ruler (who provides the institutional framework) and capable ministers (who execute within it). Neither alone suffices -- as proved by the cases of Guan Zhong without Duke Huan (serving in two failed states) and Duke Huan without Guan Zhong (dying miserably under Shu Diao).

五:桓公之易

Five: Duke Huan's 'Easy' Kingship

齊桓公之時,晉客至,有司請禮。桓公曰:"告仲父"者三。而優笑曰:"易哉,為君!一曰仲父,二曰仲父。"桓公曰:"吾聞君人者勞於索人,佚於使從。吾得仲父已難矣,得仲父之後,何為不易乎哉?"

或曰:桓公之所應優,非君人者之言也。桓公以君人為勞於索人,何索人為勞哉?伊尹自以為宰乾湯,百里奚自以為虜乾穆公。蒙羞辱而接君上,賢者之憂世急也。然則君人者無逆賢而已矣,索賢不為人主難。且官職,所以任賢也;爵祿,所以賞功也。設官職,陳爵祿,而士自至,君人者奚其勞哉?

In the time of Duke Huan of Qi, a visitor from Jin arrived and the officials asked about protocol. Duke Huan said 'Tell Zhongfu' three times. A court jester laughed: 'How easy it is to be a ruler! First it's Zhongfu, then it's Zhongfu.' Duke Huan said: 'I have heard that being a ruler is laborious in seeking the right man, but leisurely once one has found him. Finding Zhongfu was already difficult. After finding Zhongfu, why should it not be easy?'

One may object: Duke Huan's response to the jester is not the speech of a true ruler. He considered ruling laborious because of seeking men -- but what is laborious about seeking men? Yi Yin offered himself as a cook to Tang; Baili Xi offered himself as a slave to Duke Mu. Enduring humiliation to approach a ruler is the urgency of the worthy man's concern for the world. A ruler need only not reject the worthy, and seeking them is not difficult.

Moreover, official positions exist to employ the worthy; ranks and salaries exist to reward merit. When positions are established and ranks displayed, worthy men come of their own accord. What labor is there for the ruler?

Notes

1person伊尹Yi Yin

Yi Yin (伊尹) was the legendary minister who served King Tang of Shang, having first approached him as a cook. Baili Xi (百里奚) was a minister of Duke Mu of Qin who had been sold as a slave for five sheepskins.

2context

Han Fei further argues that Duke Huan's claim of 'leisure after finding Guan Zhong' is dangerously complacent. Guan Zhong was not a Zhou Gong (who would never betray his ruler). Whether Guan Zhong might have become another Tian Heng (who murdered his ruler) was unknowable -- and Duke Huan's subsequent fate at the hands of Shu Diao proves his inability to judge men.

六:李兌論窕貨

Six: Li Dui on 'Suspicious Revenue'

李兌治中山,苦陘令上計而入多。李兌曰:"語言辨,聽之說,不度於義,謂之窕言。無山林澤谷之利而入多者,謂之窕貨。君子不聽窕言,不受窕貨。之姑免矣。"

或曰:入多之為窕貨也,未可遠行也。李子之奸弗蚤禁,使至於計,則遂過也。無術以知而入多,入多者,穰也,雖倍入,將奈何?

Li Dui governed Zhongshan. The magistrate of Kuxing submitted his annual accounts showing excessive revenue. Li Dui said: 'Speech that is eloquent and pleasant to hear but does not accord with righteousness is called suspicious speech. Revenue that is abundant without the resources of mountains, forests, marshes, and valleys is called suspicious goods. A gentleman does not listen to suspicious speech and does not accept suspicious goods. You may go -- you are dismissed.'

One may object: To call excessive revenue 'suspicious goods' is not a principle that can be applied broadly. Li Dui should have detected the fraud early and prevented it from reaching the accounting stage -- that was his real failure. Moreover, without techniques to investigate, how can one know whether the revenue is legitimate? Excess revenue may simply come from a good harvest. Even if it doubles, what of it?

Notes

1person李兌Li Dui

Li Dui (李兌) was a powerful minister of Zhao who governed Zhongshan after its conquest. He later usurped power and starved King Wuling (Lord Wuling) to death.

2context

Han Fei's rebuttal lists legitimate reasons revenue might increase (favorable weather, good agricultural practices, trade policy, reduced waste) and argues that dismissing all excess revenue as fraud is the laziness of a ruler who lacks investigative techniques. The solution is systematic auditing, not rhetorical posturing.

七:行人燭過諫趙簡子

Seven: Herald Zhuguo Admonishes Lord Jian of Zhao

趙簡子圍衛之郛郭,犀盾、犀櫓,立於矢石之所及,鼓之而士不起。簡子投枹曰:"烏乎!吾之士數弊也。"行人燭過免胄而對曰:"臣聞之:亦有君之不能士耳,士無弊者。"

Lord Jian of Zhao was besieging the outer walls of Wei, standing behind rhinoceros-hide shields and mantlets within range of arrows and stones. He beat the drum, but the soldiers would not rise to attack. Lord Jian threw down his drumstick and said: 'Alas! My soldiers are worn out.' The herald Zhuguo removed his helmet and replied: 'I have heard this: there are only rulers who cannot manage their soldiers. There are no soldiers who are worn out.'

Notes

1person趙簡子Zhao Jianzi

Lord Jian of Zhao (趙簡子, d. 476 BC), personal name Zhao Yang, was the head of the Zhao clan who laid the foundations for its eventual independence as a state.

韓非反駁:行人未有以說

Han Fei's Rebuttal: The Herald Had No Real Argument

或曰:行人未有以說也,乃道惠公以此人是敗,文公以此人是霸,未見所以用人也。簡子未可以速去盾、櫓也。嚴親在圍,輕犯矢石,孝子之所愛親也。孝子愛親,百數之一也。今以為身處危而人尚可戰,是以百族之子於上皆若孝子之愛親也,是行人之誣也。好利惡害,夫人之所有也。賞厚而信,人輕敵矣;刑重而必,失人不比矣。

One may object: The herald had no real argument. He merely cited the facts that under Duke Hui these same people lost, and under Duke Wen they achieved hegemony -- but he never explained how to use people effectively. Lord Jian should not have hastily removed his shields and mantlets.

A devoted son whose parents are in danger will brave arrows and stones -- that is filial love. But filial sons are one in a hundred. To assume that because the leader exposes himself to danger, his soldiers will all fight like filial sons protecting parents -- this is the herald's deception.

Desiring gain and fearing harm -- this all people share. When rewards are generous and reliable, people will face the enemy lightly. When punishments are severe and certain, those who fail will not collude with each other.

Notes

1context

Han Fei's rebuttal makes the fundamental Legalist distinction: personal example (the ruler exposing himself to danger) relies on exceptional virtue finding exceptional responses. Institutional design (reliable rewards, certain punishments) works universally because it aligns with the ordinary self-interest that all people share. The latter is systematic; the former is a gamble.

Edition & Source

Text
《韓非子》 Hanfeizi
Edition
中華古詩文古書籍網 transcription, 《四部叢刊》本
Commentary
Han Fei (韓非), Warring States period