詭使 (Perverse Employments) — Chinese ink painting

韓非子 Hanfeizi · Chapter 45

詭使

Perverse Employments

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利威名三者與治相反

Profit, Authority, and Reputation: Three Instruments Contradicted by Practice

聖人之所以為治道者三:一曰"利",二曰"威",三曰"名"。夫利者,所以得民也;威者,所以行令也;名者,上下之所同道也。非此三者,雖有不急矣。今利非無有也,而民不化上;威非不存也,而下不聽從;官非無法也,而治不當名。三者非不存也,而世一治一亂者,何也?夫上之所貴與其所以為治相反也。

The sage's instruments of governance are three: first, profit; second, authority; third, reputation. Profit is what secures the people. Authority is what enforces commands. Reputation is the shared currency of above and below. Without these three, nothing else matters. Yet profit exists and still the people do not transform in accordance with the ruler; authority exists and still those below do not obey; offices have laws and still governance does not match its designations. All three exist, yet the world alternates between order and chaos -- why? Because what the ruler honors is the opposite of what produces good governance.

Notes

1context

This chapter diagnoses a fundamental paradox: the state possesses all the tools for governance, yet fails because popular culture inverts the value system. What the state needs (obedience, labor, military service) is despised, while what harms the state (eremitism, sophistry, sword-carrying) is honored.

世之所貴反治

What the World Honors Contradicts Governance

夫立名號,所以為尊也;今有賤名輕實者,世謂"高"。設爵位,所以為賤貴基也;而簡上不求見者,謂之"賢"。威利,所以行令也;而無利輕威者,世謂之"重"。法令,所以為治也;而不從法令為私善者,世謂之"忠"。官爵,所以勸民也;而好名義不進仕者,世謂之"烈士"。刑罰,所以擅威也;而輕法不避刑戮死亡之罪者,世謂之"勇夫"。民之急名也,甚其求利也;如此,則士之飢餓乏絕者,焉得無岩居苦身以爭名於天下哉?故世之所以不治者,非下之罪,上失其道也。常貴其所以亂,而賤其所以治,是故下之所欲,常與上之所以為治相詭也。

Titles and designations were established to create respect; yet those who disdain titles and treat substance lightly are called 'lofty' by the world. Ranks and positions were established to be the foundation for distinguishing high and low; yet those who slight the ruler and do not seek audience are called 'worthy.' Authority and profit are what enforce commands; yet those who are indifferent to profit and contemptuous of authority are called 'distinguished.' Laws and edicts are what produce governance; yet those who disobey laws and edicts to perform private good deeds are called 'loyal.' Offices and ranks are what motivate the people; yet those who love fine reputation and refuse to enter government service are called 'men of principle.' Punishments and penalties are what maintain authority; yet those who slight the law and do not shrink from execution and death are called 'brave men.'

The people's eagerness for reputation exceeds even their pursuit of profit. This being so, how can starving and destitute scholars avoid dwelling in cliffs and mortifying their bodies to compete for fame throughout All-Under-Heaven? Therefore the reason the world is not well governed is not the fault of those below -- those above have lost the Way. They constantly honor what produces chaos and despise what produces order. Thus what those below desire is always the opposite of what those above need for governance.

Notes

1context

This is one of Han Fei's most systematic inversions: six cultural values that the world admires ('lofty,' 'worthy,' 'distinguished,' 'loyal,' 'principled,' 'brave') are actually six forms of behavior that undermine the state. Han Fei's insight is that a culture that celebrates non-conformity inevitably produces non-conformists.

順上者之賤稱與逆上者之貴稱

Degrading Labels for the Obedient, Prestigious Labels for the Disobedient

今下而聽其上,上之所爭也。而惇愨純信,用心怯言,則謂之"窶"。守法固,聽令審,則謂之"愚"。敬上畏罪,則謂之"怯"。言時節,行中適,則謂之"不肖"。無二心私學吏,聽吏從教者,則謂之"陋"。

難致,謂之"正"。難予,謂之"廉"。難禁,謂之"齊"。有令不聽從,謂之"勇"。無利於上,謂之"願"。少欲、寬惠、行德,謂之"仁"。重厚自尊,謂之"長者"。私學成群,謂之"師徒"。閒靜安居,謂之"有思"。損仁逐利,謂之"疾"。險躁佻反覆,謂之"智"。先為人而後自為,類名號,言泛愛天下,謂之"聖"。言大本,稱而不可用,行而乘於世者,謂之"大人"。賤爵祿,不撓上者,謂之"傑"。下漸行如此,入則亂民,出則不便也。上宜禁其欲,滅其跡,而不止也,又從而尊之,是教下亂上以為治也。

Now, when those below obey those above -- this is what the ruler strives for. Yet those who are sincere, honest, straightforward, and trustworthy, who are cautious in thought and timid in speech, are called 'worthless.' Those who firmly uphold the law and carefully obey commands are called 'stupid.' Those who respect superiors and fear punishment are called 'cowardly.' Those who speak at the right time and act with moderation are called 'incompetent.' Those who have no divided loyalties or private learning, who obey officials and follow instruction, are called 'crude.'

Those who are difficult to summon are called 'upright.' Those who are difficult to give to are called 'incorruptible.' Those who are difficult to restrain are called 'principled.' Those who hear commands and do not comply are called 'brave.' Those who provide no benefit to their superiors are called 'prudent.' Those of few desires, broad generosity, and virtuous conduct are called 'humane.' Those who are solemn, substantial, and self-respecting are called 'elders.' Those who form private schools with gathered followers are called 'masters and disciples.' Those who sit idle in quiet seclusion are called 'deep thinkers.' Those who discard benevolence to chase profit are called 'shrewd.' Those who are cunning, restless, frivolous, and inconsistent are called 'clever.' Those who put others before themselves, classify titles and designations, and speak of universal love for All-Under-Heaven are called 'sages.' Those who discourse on grand fundamentals, speak of things that cannot be applied and practice things at odds with the world, are called 'great men.' Those who despise rank and salary and do not yield to superiors are called 'outstanding.'

When those below gradually adopt such conduct, within they corrupt the people and without they create inconvenience. The ruler should prohibit their desires and erase their traces. But instead of stopping this, he goes further and honors them -- this is to teach those below to subvert those above and call it governance.

Notes

1context

The two parallel lists form the core of the chapter's argument. The first list shows five types of obedient, law-abiding behavior that popular culture denigrates. The second list shows a dozen types of disobedient, self-serving behavior that popular culture celebrates. The mismatch between cultural values and state needs is, for Han Fei, the fundamental reason for political disorder.

2translation

The reference to those who 'speak of universal love for All-Under-Heaven' (泛愛天下) likely targets Mohist doctrine specifically, while the 'great men' who discourse on 'grand fundamentals' may target Confucian and Daoist thinkers. Han Fei attacks the entire intellectual establishment of the Warring States.

治之反:賞罰顛倒

Governance Inverted: Rewards and Punishments Reversed

凡所治者,刑罰也;今有私行義者尊。社稷之所以立者,安靜也;而躁險讒諛者任。四封之內所以聽從者,信與德也;而陂知傾覆者使。令之所以行,威之所以立者,恭儉聽上;而岩居非世者顯。倉廩之所以實者,耕農之本務也;而綦組、錦繡、刻畫為末作者富。名之所以成,城池之所以廣者,戰士也;今死士之孤飢餓乞於道,而優笑酒徒之屬乘車衣絲。賞祿,所以盡民力易下死也;今戰勝攻取之士勞而賞不霑,而卜筮、視手理、狐蟲為順辭於前者日賜。上握度量,所以擅生殺之柄也;今守度奉量之士欲以忠嬰上而不得見,巧言利辭行奸軌以幸偷世者數御。據法直言,名刑相當,循繩墨,誅奸人,所以為上治也,而愈疏遠;謟施順意從欲以危世者近習。悉租稅,專民力,所以備難充倉府也,而士卒之逃事伏匿、附托有威之門以避徭賦而上不得者萬數。夫陳善田利宅,所以戰士卒也,而斷頭裂腹、播骨乎平原野者,無宅容身,身死田畋;而女妹有色,大臣左右無功者,擇宅而受,擇田而食。賞利一從上出,所善制下也;而戰介之士不得職,而閒官之士尊顯。上以此為教,名安得無卑,位安得無危?

The instrument of governance is punishment and penalty; yet those who practice private righteousness are honored. The altars of soil and grain stand upon tranquility and stability; yet the restless, cunning, slanderous, and sycophantic are appointed. Within the four borders, what produces obedience is good faith and virtue; yet the devious, the crafty, and the subversive are employed. What makes commands enforceable and authority established is respectful frugality and obedience to superiors; yet those who dwell in cliffs and criticize the age are celebrated. What fills the granaries is the fundamental work of farming; yet those who make fine ribbons, brocade embroidery, and carved decorations as non-essential crafts grow rich. What establishes reputation and expands city walls is the soldier; yet the orphans of fallen warriors starve and beg along the road, while comedians, buffoons, and drunkards ride in carriages and wear silk. Rewards and salaries are meant to exhaust the people's strength and secure their willingness to die; yet soldiers who fight victoriously and take cities toil unrewarded, while diviners, palm readers, and those who offer flattering words in the ruler's presence receive daily gifts.

The ruler grasps measures and standards so as to monopolize the power of life and death; yet those who uphold measures and standards and wish to offer loyal service cannot gain an audience, while those who use clever words and sharp rhetoric to pursue treacherous paths and steal through life are frequently received. Those who uphold the law, speak directly, match designations to punishments, follow the plumb line, and root out treachery -- all for the ruler's good governance -- are increasingly kept at a distance; while sycophants who comply with the ruler's wishes and follow his desires to endanger the age are kept as intimates.

All taxes are collected and the people's strength is monopolized to prepare against emergencies and fill the treasuries; yet soldiers and conscripts who flee service, hide, and attach themselves to powerful households to avoid corvee and taxes number in the tens of thousands and the ruler cannot reach them. Good fields and fine dwellings are displayed as the reward for soldiers; yet those who have their heads severed and bellies split open, whose bones are scattered across the plains, have no dwelling to shelter their bodies, and their families lose their fields. Meanwhile, beautiful women and the ruler's favorites and great ministers who have no merit select dwellings and receive them, select fields and eat from them.

Rewards and profits should all flow from the top to properly control those below; yet armored warriors receive no appointments, while men in sinecure offices are honored and prominent. If the ruler takes this as his teaching, how can his reputation not decline? How can his position not be endangered?

Notes

1context

This passage reads as an indictment of the Warring States social order: soldiers die unrewarded while entertainers and fortune-tellers prosper; farmers labor while artisans of luxury goods grow rich; loyal officials are shut out while sycophants gain access. Han Fei sees this as a systemic failure of incentive alignment, not just individual corruption.

私學二心亂法

Private Learning and Divided Loyalties Destroy the Law

夫立法令者,以廢私也。法令行而私道廢矣。私者,所以亂法也。而士有二心私學、岩居路、托伏深慮,大者非世,細者惑下;上不禁,又從而尊之以名,化之以實,是無功而顯,無勞而富也。如此,則士之有二心私學者,焉得無深慮、勉知詐與誹謗法令,以求索與世相反者也?凡亂上反世者,常士有二心私學者也。故《本言》曰:"所以治者,法也;所以亂者,私也。法立,則莫得為私矣。"故曰:道私者亂,道法者治。上無其道,則智者有私詞,賢者有私意。上有私惠,下有私慾,聖智成群,造言作辭,以非法措於上。上不禁塞,又從而尊之,是教下不聽上、不從法也。是以賢者顯名而居,奸人賴賞而富。賢者顯名而居,奸人賴賞而富,是以上不勝下也。

Laws and edicts were established to abolish private interests. When laws and edicts are enforced, private paths are abandoned. Private interests are what corrupt the law. Yet scholars with divided loyalties and private learning dwell in cliffs and roads, hide themselves in deep reflection, and on a large scale criticize the age, or on a small scale confuse those below. If the ruler does not prohibit this but goes further to honor them with titles and transform them with material rewards, this is to make the meritless prominent and the undeserving rich. In that case, how can scholars of divided loyalties and private learning not redouble their deliberations, exert their cunning and deceit, and slander the laws and edicts, seeking what is contrary to the established order? Those who subvert the ruler and overturn the age are always scholars of divided loyalties and private learning.

Therefore the Basic Sayings states: 'What produces order is the law; what produces chaos is private interests. When the law is established, none can pursue private interests.' Therefore it is said: following private interests leads to chaos; following the law leads to order. When the ruler lacks the proper Way, the clever have private rhetoric and the worthy have private intentions. When the ruler grants private favors, those below develop private desires. Sages and intellectuals form crowds, manufacturing words and crafting phrases to oppose the law and impose themselves on the ruler. If the ruler does not block and seal this off but goes on to honor them, he is teaching those below not to obey the ruler and not to follow the law. Thus the 'worthy' achieve fame and dwell in ease, and the treacherous rely on rewards and grow rich. When the 'worthy' achieve fame and dwell in ease, and the treacherous rely on rewards and grow rich -- this is why those above cannot prevail over those below.

Notes

1context

The term 二心私學 ('divided loyalties and private learning') is Han Fei's label for all independent intellectual traditions -- Confucianism, Mohism, Daoism, the School of Names. For Han Fei, any knowledge system that operates outside state control is inherently subversive because it provides an alternative source of authority and values that competes with the law.

2translation

《本言》 (Basic Sayings) appears to be a text Han Fei quotes as authoritative, possibly an earlier Legalist work or a section of the Hanfeizi itself that has not survived independently.

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