更法

Duke Xiao held a council to deliberate policy. The three grand officers Gongsun Yang, Gan Long, and Du Zhi attended upon the lord. They considered the changes in worldly affairs, examined the foundations of correct law, and sought the proper way to govern the people.

The lord said: "To succeed to the throne and never forget the altars of soil and grain — this is the way of a ruler. To establish laws that serve to illuminate the ruler's lasting authority — this is the conduct of a minister. Now I wish to reform the law to bring order and change the rites to instruct the common people, but I fear that all under heaven will criticize me."

Gongsun Yang said: "I have heard it said: 'Hesitation in action yields no accomplishment; hesitation in affairs yields no merit.' Let my lord settle his plans for reforming the law at once, and pay no heed to the criticisms of all under heaven. Moreover, those whose conduct surpasses others are invariably condemned by the world; those whose understanding is unique are inevitably scorned by the people. The saying goes: 'The foolish are blind even to accomplished facts; the wise perceive things before they sprout.' One cannot deliberate beginnings with the people, but one can share with them the joy of completion. The code of Guo Yan says: 'He who discusses the highest virtue does not conform to common custom; he who accomplishes great deeds does not consult with the multitude.' The law exists to care for the people; rites exist to facilitate affairs. Therefore the sage, if he can thereby strengthen the state, does not follow old models; if he can thereby benefit the people, he does not adhere to old rites."

Duke Xiao said: "Excellent!"

Gan Long said: "Not so. I have heard it said: 'The sage does not change the people in order to instruct them; the wise man does not alter the law in order to govern.' He who instructs in accordance with the people achieves results without toil; he who governs by established law finds officials competent and the people at ease. Now if you reform the law without following the old ways of Qin and change the rites to instruct the people, I fear all under heaven will criticize my lord. I beg you to consider carefully."

Gongsun Yang said: "What you speak of is the talk of the common world. Ordinary people are content with old habits; scholars are trapped by what they have heard. These two types are fit to hold office and keep the existing law, but they are not the sort to discuss matters beyond the law. The Three Dynasties each had different rites yet all achieved kingship; the Five Hegemons each had different laws yet all achieved hegemony. Therefore the wise create laws while the foolish are constrained by them; the worthy reform rites while the unworthy are bound by them. Those bound by rites are not worth discussing affairs with; those constrained by existing law are not worth debating change with. Let my lord have no doubts."

Du Zhi said: "I have heard it said: 'Unless the benefit is a hundredfold, do not change the law; unless the merit is tenfold, do not alter the instruments.' I have heard: 'To model upon antiquity incurs no fault; to follow established rites incurs no deviation.' Let my lord consider well!"

Gongsun Yang said: "Previous ages did not share the same teachings — which antiquity shall we model upon? Emperors and kings did not repeat one another — which rites shall we follow? Fuxi and Shennong instructed without punishing; the Yellow Emperor, Yao, and Shun punished without anger; by the time of Kings Wen and Wu, each established law according to his era and crafted rites according to circumstances. Rites and law were fixed according to the times; institutions and decrees each suited their era; weapons and military equipment each served their purpose. Therefore I say: there is no single Way for governing the world, and benefiting the state need not mean imitating antiquity. When Tang and Wu became kings, they rose without following the old ways; when Yin and Xia perished, they fell without having changed the rites. Thus those who return to antiquity are not necessarily to be condemned, and those who follow the rites are not necessarily to be fully approved. Let my lord have no doubts."

Duke Xiao said: "Excellent! I have heard that narrow lanes breed strange notions and partial learning breeds much argument. The laughter of fools is cause for the wise to grieve; the joy of the mad is cause for the worthy to mourn. Let those constrained by convention debate as they will — I shall have no doubts."

Thereupon he issued the Order to Cultivate Waste Lands.