慎法

In all the world, every state governs with the very thing that causes its disorder — therefore small governance leads to small disorder, and great governance leads to great disorder. No ruler has been able to maintain order generation after generation; the world has never had a state free from disorder. What is meant by 'governing with what causes disorder'? Promoting the worthy and able is what the world considers governance, yet it is what causes governance to fall into disorder. What the world calls 'worthy' is someone whose words are correct. The basis for judging them correct is their factional support. Listen to their words and you consider them able; inquire of their faction and they are confirmed. Therefore they are honored before they have merit, and punished before they have committed crimes. This structural situation provides corrupt officials with the resources to accomplish their treachery, and petty men with the resources to practice their cunning and deception. If you begin by providing officials and people with the foundation for treachery and deception, and then seek to make the outcome upright and honest — even Yu could not govern ten men under such conditions. How can an ordinary ruler control the people of an entire state?

Those who form factions with others are people who achieve their ends without needing the ruler. When the ruler promotes one person to serve the people, the people turn their backs on the ruler's authority and face toward private connections.

When the people turn their backs on the ruler's authority and face toward private connections, the ruler is weak and the ministers are strong. If the ruler does not perceive this, he will either be encroached upon by the feudal lords or coerced by his own people. The power of persuasive speech — both the foolish and the wise study it alike. When scholars study from persuasive speakers, the people abandon substantive work and recite empty words. When the people abandon substantive work and recite empty words, strength is diminished and criticism multiplies. If the ruler does not perceive this, in war he will inevitably lose his generals, and in defense he will inevitably see his cities sold.

Therefore if there is an enlightened ruler and a loyal minister born in this age who separately govern their state, they must not forget the law for a single moment. Break up the factions, defeat the cliques, restrain and eliminate persuasive talk — rely on law and there will be order. If officials have no way to maintain their positions except through law, then however clever they may be, they cannot commit villainy. If the people have no way to demonstrate their ability except through warfare, then however cunning they may be, they cannot practice deception. When people are governed through law and are evaluated through method, they cannot benefit each other through praise. When slanderous words cannot harm each other, the people see that praising each other brings no benefit, and that managing and following evil brings no advantage. They see that slanderous words cause no harm, and they learn that hating each other does not injure. When love does not cause flattery and hatred does not cause harm — when love and hate each follow their proper course — this is the pinnacle of governance. Therefore your minister says: when the law is relied upon, the state is well governed.

A state of a thousand chariots that can defend itself preserves its existence. A state of ten thousand chariots that can wage war secures its integrity. Even with Jie as ruler, he would not willingly concede half a word to subordinate himself to his enemy. Unable to wage war externally and unable to defend internally — even with Yao as ruler, he could not avoid treating as vassals those called inferior states.

From this perspective, what makes a state weighty and a ruler honored is strength. Strength is the root of these two, yet the rulers of the world are unable to achieve strength — why? Because what the people find toilsome is farming, and what they find dangerous is warfare. These two things — even a filial son would find it hard to do them for his parents, and a loyal minister would find it hard to do them for his ruler. Now you wish to drive the masses of the people and demand of them what filial sons and loyal ministers find difficult — your minister believes nothing will work except compelling them with punishment and driving them with reward. Yet today's worldly governors all abandon legal standards and rely on eloquence and cleverness, placing merit and strength behind and advancing benevolence and righteousness. Therefore the people do not devote themselves to farming and warfare. When the people do not devote their strength to farming, food supplies are exhausted internally. When they do not devote their discipline to warfare, the army is weak externally.

When entering, food is exhausted internally; when going out, the army is weak externally — even with territory of ten thousand li and armored soldiers of a million, it is the same as standing alone on an open plain.

Moreover, the former kings were able to make their people tread upon bare blades and endure showers of arrows and stones. Did their people desire to do this? No. They learned to do it as a means to avoid harm. Therefore my instruction and orders: those who desire profit can obtain it only through farming; those who wish to avoid harm can escape it only through warfare. When every person within the borders first devotes himself to farming and warfare and only afterward obtains what he desires — then with little land there is much grain, and with few people the army is strong. To practice these two within the borders — then the way of hegemony and kingship is complete.