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