夫刑者,所以禁邪也;而賞者,所以助禁也。羞辱勞苦者,民之所惡也;顯榮佚樂者,民之所務也。故其國刑不可惡而爵祿不足務也,此亡國之兆也。
刑人復漏,則小人辟淫而不苦刑,則徼倖於民、上;徼於民、上以利。求顯榮之門不一,則君子事勢以成名。小人不避其禁,故刑煩。君子不設其令,則罰行。刑煩而罰行者,國多奸,則富者不能守其財,而貧者不能事其業,田荒而國貧。田荒,則民詐生;國貧,則上匱賞。故聖人之為治也,刑人無國位,戮人無官任。刑人有列,則君子下其位;衣錦食肉,則小人冀其利。
君子下其位,則羞功;小人冀其利,則伐奸。故刑戮者,所以止奸也;而官爵者,所以勸功也。今國立爵而民羞之,設刑而民樂之,此蓋法術之患也。
故君子操權一正以立術,立官貴爵以稱之,論榮舉功以任之,則是上下之稱平。上下之稱平,則臣得盡其力,而主得專其柄。
Punishment exists to prohibit evil; reward exists to assist in that prohibition. Shame, humiliation, toil, and hardship are what the people detest; display, glory, leisure, and pleasure are what the people strive for. Therefore if a state's punishments are not dreaded and its ranks and salaries are not worth striving for, this is the omen of a doomed state.
If the punished are allowed back and the guilty escape, then petty men evade and act dissolute without suffering punishment, and they gamble on luck with both the people and the ruler — gambling for profit. If the gates to glory and honor are not unified, then gentlemen will manipulate power to achieve fame. When petty men do not avoid the prohibitions, punishments become onerous. When gentlemen do not observe the edicts, penalties are constantly enforced. When punishments are onerous and penalties constantly enforced, the state has much villainy — the wealthy cannot protect their property and the poor cannot pursue their livelihoods. Fields go barren and the state is impoverished. When fields are barren, the people resort to deception; when the state is impoverished, the ruler lacks the means to reward. Therefore in the sage's governance: the punished hold no state rank and the condemned hold no official appointment. If the punished have standing in the hierarchy, gentlemen lower themselves from their positions; if the punished wear silk and eat meat, petty men covet their advantage.
When gentlemen lower themselves, they feel shame about merit; when petty men covet advantage, villainy flourishes. Punishment and condemnation exist to stop villainy; office and rank exist to encourage merit. If the state establishes ranks that the people are ashamed of and institutes punishments that the people are happy about — this is indeed the affliction of a flawed legal art.
Therefore the ruler operates the levers of authority in a unified and correct manner to establish his art: he establishes offices, values ranks, and balances them properly; he evaluates glory and elevates merit to appoint properly. Then the balance between above and below is level. When the balance between above and below is level, ministers can fully exert their strength, and the ruler can exclusively control his levers of power.