治之大者:禁心禁言禁事
The Highest Governance: Prohibiting Thoughts, Words, and Deeds
凡治之大者,非謂其賞罰之當也。賞無功之人,罰不辜之民,非謂明也。賞有功,罰有罪,而不失其人,方在於人者也,非能生功止過者也。是故禁奸之法,太上禁其心,其次禁其言,其次禁其事。今世皆曰:"尊主安國者,必以仁義智慧型",而不知卑主危國者之必以仁義智慧型也。故有道之主,遠仁義,去智慧型,服之以法。是以譽廣而名威,民治而國安,知用民之法也。凡術也者,主之所以執也;法也者,官之所以師也。然使郎中日聞道於郎門之外,以至於境內日見法,又非其難者也。
The highest form of governance does not merely mean that rewards and punishments are appropriate. Rewarding the meritless and punishing the innocent is not what is meant by discernment. Rewarding merit and punishing crime without missing the right person -- this merely responds to what people have already done; it does not generate merit or prevent transgressions. Therefore, in the methods of prohibiting treachery, the highest level prohibits the intention, the next level prohibits the speech, and the lowest level prohibits the deed. Today everyone says: 'To honor the ruler and secure the state requires benevolence, righteousness, and wisdom.' But they do not know that those who demean the ruler and endanger the state also invariably use benevolence, righteousness, and wisdom as their tools. Therefore the ruler who possesses the Way distances himself from benevolence and righteousness, discards wisdom, and brings people into submission through the law. Thus his reputation is widespread and his name inspires awe; the people are well governed and the state is secure -- because he knows the method of employing the people. Techniques are what the ruler wields; the law is what officials take as their guide. To have palace attendants hear the Way daily outside the palace gates, and everyone within the borders see the law daily -- this is not the difficult part.
Notes
The three levels of prohibition (禁心, 禁言, 禁事) represent increasingly reactive approaches: preventing treacherous intentions is ideal; catching treacherous speech is second-best; punishing treacherous acts is the least effective. This hierarchy reflects Han Fei's emphasis on preemptive institutional design over reactive punishment.
