君臣 (Ruler and Minister) — Chinese ink painting

商君書 Shangjunshu · Chapter 23

君臣

Ruler and Minister

View:

立法制以禁

Establishing Legal Institutions to Prohibit

古者未有君臣、上下之時,民亂而不治。是以聖人列貴賤,制爵位,立名號,以別君臣上下之義。地廣,民眾,萬物多,故分五官而守之。民眾而奸邪生;故立法制、為度量以禁之。是故有君臣之義、五官之分、法制之禁,不可不慎也。

處君位而令不行,則危;五官分而無常,則亂;法制設而私善行,則民不畏刑。君尊則令行,官修則有常事,法制明則民畏刑。法制不明,而求民之行令也,不可得也。民不從令,而求君之尊也,雖堯、舜之知,不能以治。

In antiquity, when there were not yet rulers and ministers, superiors and inferiors, the people were disordered and ungoverned. Therefore the sage arranged the distinctions of noble and base, established ranks and positions, created titles and designations, in order to differentiate the duties between ruler and minister, superior and inferior. The territory was broad, the people numerous, and the myriad things abundant — therefore five official branches were established to manage them. The people were numerous and villainy arose — therefore legal institutions were established and standards and measures were created to prohibit it. Thus the duties between ruler and minister, the divisions of the five official branches, and the prohibitions of legal institutions — these must not be treated carelessly.

When one occupies the ruler's position yet commands are not carried out, there is peril. When the five official branches are divided but have no permanence, there is disorder. When legal institutions are established but private favors operate, the people do not fear punishment. When the ruler is honored, commands are carried out. When officials are properly maintained, there are regular affairs. When legal institutions are clear, the people fear punishment. When legal institutions are not clear and yet you seek that the people obey commands — this cannot be obtained. When the people do not obey commands and yet you seek that the ruler be honored — even with the wisdom of Yao and Shun, governance cannot be achieved.

明王緣法而治

The Enlightened King Governs According to Law

明王之治天下也,緣法而治,按功而賞。凡民之所疾戰不避死者,以求爵祿也。明君之治國也,士有斬首、捕虜之功,必其爵足榮也,祿足食也;農不離廛者,足以養二親,治軍事。故軍士死節,而農民不偷也。

今世君不然,釋法而以知,背功而以譽。故軍士不戰,而農民流徙。臣聞:道民之門,在上所先。故民,可令農戰,可令遊宦,可令學問,在上所與。上以功勞與,則民戰;上以《詩》、《書》與,則民學問,民之於利也,若水於下也,四旁無擇也。民徒可以得利而為之者,上與之也。瞋目扼腕而語勇者得,垂衣裳而談說者得,遲日曠久積勞私門者得——尊向三者,無功而皆可以得,民去農戰而為之,或談議而索之,或事便辟而請之,或以勇爭之。故農戰之民日寡,而游食者愈眾,則國亂而地削,兵弱而主卑。此其所以然者,釋法制而任名譽也。

故明主慎法制。言不中法者,不聽也;行不中法者,不高也;事不中法者,不為也。言中法,則辯之;行中法,則高之;事中法,則為之。故國治而地廣,兵強而主尊,此治之至也。人君者不可不察也。

The enlightened king's governance of the world follows law and rewards according to merit. The reason the people fight fiercely and do not avoid death is to obtain rank and salary. In the enlightened ruler's governance, soldiers who have the merit of taking heads and capturing prisoners must have ranks sufficient to bring them honor and salaries sufficient to feed them. Farmers who do not leave their homesteads must have enough to support both parents and to manage military obligations. Therefore soldiers die faithfully and farmers do not shirk.

The rulers of today are not like this. They abandon law and rely on cleverness; they disregard merit and rely on reputation. Therefore soldiers do not fight and farmers migrate. Your minister has heard: the gate through which the people are directed lies in what those above prioritize. The people can be made to farm and fight, can be made to seek wandering office, can be made to pursue scholarship — it depends on what those above grant. If those above grant according to merit, the people will fight. If those above grant according to the Odes and Documents, the people will pursue scholarship. The people's orientation toward profit is like water flowing downward — it does not choose among the four directions. What the people can obtain profit from and therefore pursue — those above grant it. When those who glare and clench their fists while boasting of bravery obtain rewards; when those who let their robes hang while engaging in persuasive talk obtain rewards; when those who spend days and years accumulating labor through private channels obtain rewards — when these three are honored, merit counts for nothing yet all can obtain advancement. The people abandon agriculture and warfare to pursue these instead — some through debate and argument, some through serving the favorites and petitioning, some through contending with bravado. Therefore the people of agriculture and warfare grow fewer by the day and the idle eaters grow ever more numerous — the state is disordered and territory diminished, the army is weak and the ruler degraded. The reason for all this is the abandonment of legal institutions in favor of reputation.

Therefore the enlightened ruler is careful about legal institutions. Words that do not accord with the law — he does not heed them. Conduct that does not accord with the law — he does not elevate it. Affairs that do not accord with the law — he does not undertake them. Words that accord with the law — he examines them. Conduct that accords with the law — he elevates it. Affairs that accord with the law — he undertakes them. Therefore the state is well governed and territory expands, the army is strong and the ruler is honored — this is the pinnacle of governance. The ruler must not fail to examine this.

Edition & Source

Text
《商君書》 Shangjunshu
Edition
中華古詩文古書籍網 transcription
Commentary
Traditional commentaries