飭令 (Rectifying Ordinances) — Chinese ink painting

韓非子 Hanfeizi · Chapter 53

飭令

Rectifying Ordinances

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法不遷,吏無奸

When Law Does Not Shift, Officials Harbor No Treachery

飭令,則法不遷;法平,則吏無奸。法已定矣,不以善言售法。任功,則民少言;任善,則民多言。行法曲斷,以五里斷者王,以九里斷者強,宿治者削。

When ordinances are rectified, the law does not shift. When the law is equitable, officials harbor no treachery. Once the law has been established, do not allow fine words to supplant it. When merit is the basis of appointment, the people speak little. When moral goodness is the basis of appointment, the people speak much.

In applying the law, cases should be adjudicated locally. A state that adjudicates within five li achieves kingship. A state that adjudicates within nine li achieves strength. A state where cases carry over to the next day is diminished.

Notes

1translation

不以善言售法 (do not allow fine words to supplant the law): 'fine words' (善言) refers to moral arguments, philosophical justifications, or personal pleas that might be used to argue exceptions to the law. Han Fei insists on the law's inviolability.

2context

The principle that cases should be decided locally and quickly reflects the Legalist ideal of decentralized administration with centralized standards -- decisions are made at the lowest possible level according to clear, pre-established rules, rather than being escalated to higher authorities.

以功授官與爵

Bestowing Office and Rank According to Merit

以刑治,以賞戰、厚祿,以用術。行都之過,則都無奸市。物多者眾,農弛奸勝,則國必削。民有餘食,使以粟出爵,必以其力,則震不怠。三寸之管毋當,不可滿也。授官爵出利祿不以功,是無當也。國以功授官與爵,此謂以成智謀,以威勇戰,其國無敵。國以功授官與爵,則治見者省,言有塞,此謂以治去治,以言去言,以功與爵者也。故國多力,而天下莫之能侵也。兵出必取,取必能有之;案兵不攻必當。朝廷之事,小者不毀,效功取官爵,廷雖有辟言,不得以相干也,是謂以數治。以力攻者,出一取十;以言攻者,出十喪百。國好力,此謂以難攻;國好言,此謂以易攻。其能勝其害,輕其任,而道壞餘力於心,莫負乘宮之責於君。內無伏怨,使明者不相干,故莫訟;使士不兼官,故技長;使人不同功,故莫爭。言此謂易攻。

Use punishments to govern. Use rewards to make men fight. Use generous salaries. Use techniques to employ men. If the laws governing the capital's markets are enforced, there will be no treacherous merchants. Where goods are plentiful, the people congregate; when agriculture slackens and wickedness prevails, the state is certain to be diminished.

When the people have surplus food, allow them to exchange grain for rank. If this must be done through their own effort, they will be roused and will not be idle. A tube three inches long without a bottom cannot be filled. To bestow office, rank, profits, and salary without reference to merit is to have no bottom.

When the state bestows office and rank according to merit, this is called employing one's intelligence to plan and one's martial courage to fight -- such a state is without rival. When the state bestows office and rank according to merit, governance becomes streamlined and speech is blocked. This is called using order to eliminate the need for further ordering, using words to eliminate the need for further words -- bestowing rank for merit. Therefore the state has much strength, and none under Heaven can encroach upon it.

When troops go forth they will certainly take what they attack; what is taken can certainly be held. When troops are held in reserve without attacking, the effect is equally appropriate. In court affairs, even small matters are not neglected. When one obtains office and rank by demonstrating merit, even if deviant words are spoken at court, they cannot interfere with governance. This is called governing by institutional measures.

Attacking through force: invest one and gain ten. Attacking through words: invest ten and lose a hundred. A state that prizes force is said to attack what is difficult. A state that prizes words is said to attack what is easy. When abilities can overcome harms, when burdens are borne lightly, when the Way preserves surplus strength in men's hearts, and none bear the burden of the palace against the ruler -- when internally there are no hidden resentments, when the discerning are not made to interfere with one another and therefore do not dispute, when officers do not hold concurrent offices and therefore their skills develop, when men do not share the same merit and therefore do not contend -- this is called ease of governance.

Notes

1translation

以粟出爵 (exchange grain for rank) refers to the practice of selling honorary ranks in exchange for grain contributions. This was implemented in Qin and later Han as a means of filling state granaries while giving commoners a stake in the social hierarchy.

2context

The 'bottomless tube' metaphor (三寸之管毋當) for a state that distributes rewards without reference to merit is especially effective: no matter how much is poured in, nothing accumulates. Merit-based promotion is what gives the state institutional solidity.

重刑少賞

Heavy Punishments and Sparing Rewards

重刑少賞,上愛民,民死賞;多賞輕刑,上不愛民,民不死賞。利出一空者,其國無敵;利出二空者,其兵半用;利出十空者,民不守。重刑明民,大制使人,則上利。行刑,重其輕者,輕者不至,重者不來,此謂以刑去刑。罪重而刑輕。刑輕則事生,此謂以刑致刑,其國必削。

Heavy punishments and sparing rewards: when the ruler loves the people, the people will die for rewards. Many rewards and light punishments: when the ruler does not love the people, the people will not die for rewards.

When profit issues from a single source, the state is without rival. When profit issues from two sources, the army is only half effective. When profit issues from ten sources, the people will not defend the state.

Heavy punishments clarify the people's understanding. Great institutional control directs people effectively -- this benefits the ruler. In applying punishments, make the penalties for light offenses heavy: then light offenses will not occur, and heavy offenses will not arise. This is called using punishment to eliminate punishment.

When crimes are severe but punishments are light, and light punishments lead to the proliferation of offenses -- this is called using punishment to produce more punishment. Such a state will certainly be diminished.

Notes

1context

利出一空 (profit issues from a single source) is a key Legalist principle: all paths to wealth and status must flow exclusively through state service (agriculture and warfare). When alternative paths exist -- commerce, scholarship, patronage -- the state's monopoly on incentives is broken and its power diminishes proportionally.

2translation

以刑去刑 (using punishment to eliminate punishment) is a famous Legalist paradox also found in the Book of Lord Shang: by making penalties for minor offenses disproportionately severe, you deter all offenses and ultimately need to punish no one. The logic is preventive rather than retributive.

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