心度 (The Measure of the Heart) — Chinese ink painting

韓非子 Hanfeizi · Chapter 54

心度

The Measure of the Heart

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刑勝治之首,賞繁亂之本

The Supremacy of Punishment Is the Foundation of Order; Excessive Rewards Are the Root of Disorder

聖人之治民,度於本,不從其欲,期於利民而已。故其與之刑,非所以惡民,愛之本也。刑勝而民靜,賞繁而奸生。故治民者,刑勝,治之首也;賞繁,亂之本也。夫民之性,喜其亂而不親其法。故明主之治國也,明賞,則民勸功;嚴刑,則民親法。勸功,則公事不犯;親法,則奸無所萌。故治民者,禁奸於未萌;而用兵者,服戰於民心。禁先其本者治,兵戰其心者勝。聖人之治民也,先治者強,先戰者勝。夫國事務先而一民心,專舉公而私不從,賞告而奸不生,明法而治不煩。能用四者強,不能用四者弱。夫國之所以強者,政也;主之所以尊者,權也。故明君有權有政,亂君亦有權有政,積而不同,其所以立異也。故明君操權而上重,一政而國治。故法者,王之本也;刑者,愛之自也。

When the sage governs the people, he takes the fundamental as his measure, does not follow the people's desires, and seeks only to benefit them. Therefore when he applies punishments, it is not because he hates the people -- punishment is the very foundation of caring for them. When punishments prevail, the people are tranquil. When rewards are excessive, treachery arises. Therefore for one who governs the people: the prevalence of punishment is the foundation of order; the excess of rewards is the root of disorder.

The nature of the people is to delight in disorder and to feel no affinity for the law. Therefore when the enlightened ruler governs the state: clear rewards encourage the people to pursue merit; strict punishments cause the people to embrace the law. When merit is pursued, public affairs are not neglected. When the law is embraced, treachery has nowhere to sprout.

Therefore one who governs the people prohibits treachery before it sprouts. One who employs armies conquers the battle in the people's hearts. One who first addresses the root achieves order. One who first conquers the heart achieves victory.

When the sage governs the people, the one who first establishes order is strong, and the one who first conquers the heart is victorious. In state affairs, one must act preemptively and unify the people's hearts, concentrate on the public interest so that private interests do not intrude, announce rewards so that treachery does not arise, and clarify the law so that governance is not burdensome. A state that can employ these four becomes strong; one that cannot becomes weak.

What makes a state strong is its governance. What makes a ruler honored is his authority. Therefore the enlightened ruler possesses both authority and governance, and the disordered ruler also possesses both authority and governance -- yet what they accumulate differs, and therefore what they establish differs. The enlightened ruler grasps authority and the throne gains weight; he unifies governance and the state achieves order.

Therefore: the law is the foundation of kingship. Punishment is the origin of care for the people.

Notes

1translation

刑者,愛之自也 (punishment is the origin of care for the people) -- this provocative formulation inverts the Confucian association of care with benevolence. For Han Fei, true care consists in maintaining a system of punishment that prevents the disorder in which people actually suffer.

2context

The four principles -- acting preemptively, unifying hearts, concentrating on public interest, and clarifying law -- form a compressed handbook for Legalist state-building. The emphasis on prohibition 'before sprouting' (禁奸於未萌) reflects the Legalist preference for deterrence over reaction.

法與時移,禁與能變

Law Shifts with the Times; Prohibitions Change with Circumstances

夫民之性,惡勞而樂佚。佚則荒,荒則不治,不治則亂,而賞刑不行於天下者必塞。故欲舉大功而難致而力者,大功不可幾而舉也;欲治其法而難變其故者,民亂不可幾而治也。故治民無常,唯治為法。法與時轉則治,法與世宜則有功。故民朴而禁之以名則治,世知維之以刑則從。時移而治不易者亂,能治眾而禁不變者削。故聖人之治民也,法與時移而禁與能變。

The nature of the people is to despise toil and delight in idleness. Idleness leads to dissolution, dissolution to lack of governance, lack of governance to disorder -- and when rewards and punishments are not enforced throughout All-Under-Heaven, the state is inevitably blocked.

Therefore: one who wishes to achieve great merit yet finds it difficult to apply his strength will never come close to achieving great merit. One who wishes to rectify his laws yet finds it difficult to change old ways will never come close to governing a disordered people.

Thus in governing the people, there is no constant standard; the only standard is what produces order. When the law turns with the times, there is order. When the law suits the age, there is achievement. When the people are simple, restrain them with titles and there is order. When the age is sophisticated, maintain control with punishments and there is compliance.

When times change but governance does not adapt, there is disorder. When one can govern the multitude but prohibitions remain unchanged, the state is diminished. Therefore when the sage governs the people, the law shifts with the times and prohibitions change with circumstances.

Notes

1context

法與時移而禁與能變 (the law shifts with the times and prohibitions change with circumstances) is one of Han Fei's most important principles. Unlike Confucian veneration of unchanging ancient models, Legalism insists that institutions must evolve. This temporal pragmatism is the philosophical foundation for Legalist reform programs.

王道在所開塞

The Way of Kingship Lies in What One Opens and What One Blocks

能越力於地者富,能起力於敵者強,強不塞者王。故王道在所開,在所塞,塞其奸者必王。故王術不恃外之不亂也,恃其不可亂也。恃外不亂而治立者削,恃其不可亂而行法者興。故賢君之治國也,適於不亂之術。貴爵,則上重,故賞功爵任而邪無所關。好力者其爵貴;爵貴,則上尊;上尊,則必王。國不事力而恃私學者其爵賤,爵賤,則上卑;上卑者必削。故立國用民之道也,能閉外塞私而上自恃者,王可致也。

Those who can exert their strength upon the land become wealthy. Those who can raise their strength against enemies become strong. The strong whose path is not blocked become kings. Therefore the Way of kingship lies in what one opens and what one blocks. He who blocks treachery will certainly become king.

The art of kingship does not rely on the absence of external disorder but on making disorder impossible. A state that relies on the absence of external disorder to establish its governance will be diminished. A state that relies on making disorder impossible and enforces the law will flourish.

Therefore the worthy ruler's governance of the state adapts to the techniques of making disorder impossible. When rank is honored, the ruler's position carries weight. Therefore when merit is rewarded with rank and appointment, wickedness has no opening. When those who prize strength have their rank honored, rank is valued. When rank is valued, the ruler is respected. When the ruler is respected, he will certainly become king.

A state that does not devote itself to strength but relies on private schools of learning will find its ranks cheapened. When ranks are cheapened, the ruler is demeaned. When the ruler is demeaned, the state is certain to be diminished.

Therefore in the way of establishing a state and employing its people: if one can close the external avenues, block private interests, and make the ruler self-reliant, then kingship can be achieved.

Notes

1translation

私學 (private schools/learning) refers to the independent philosophical schools -- Confucian, Mohist, Daoist, and others -- that Han Fei sees as rival sources of authority competing with the state. His insistence on blocking 'private learning' foreshadows the Qin dynasty's eventual burning of books and burial of scholars.

2translation

王道在所開,在所塞 (the Way of kingship lies in what one opens and what one blocks) -- a compressed strategic formula. The ruler must open the channels to merit-based advancement (agriculture, warfare) while blocking all alternative paths to status (private learning, patronage, commerce).

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