University of Virginia Library

Chapter XLIII

DECIDING BETWEEN TWO LEGALISTIC
DOCTRINES[1]

Some inquirer asked: "Of the teachings of the two
authorities, Shên Pu-hai and Kung-sun Yang, which is more
urgently needful to the state?"

In reply I said: "It is impossible to compare them. Man,
not eating for ten days, would die, and, wearing no clothes
in the midst of great cold, would also die. As to which is
more urgently needful to man, clothing or eating, it goes
without saying that neither can be dispensed with, for
both are means to nourish life. Now Shên Pu-hai spoke
about the need of tact and Kung-sun Yang insisted on the
use of law. Tact is the means whereby to create posts
according to responsibilities, hold actual services accountable
according to official titles, exercise the power over life and
death, and examine the officials' abilities. It is what the lord
of men has in his grip. Law includes mandates and ordinances
that are manifest in the official bureaux, penalties that are
definite in the mind of the people, rewards that are due to
the careful observers of laws, and punishments that are
inflicted on the offenders against orders. It is what the subjects
and ministers take as model. If the ruler is tactless, delusion
will come to the superior; if the subjects and ministers are
lawless, disorder will appear among the inferiors. Thus,
neither can be dispensed with: both are implements of
emperors and kings."

The inquirer next asked: "Why is it that tact without
law or law without tact is useless?"

In reply I said: "Shên Pu-hai was assistant to Marquis
Chao of Han. Han was one of the states into which Chin
had been divided. Before the old laws of Chin had been
repealed, the new laws of Han appeared; before the orders
of the earlier rulers had been removed, the orders of the later
rulers were issued. As Shên Pu-hai neither enforced the laws
nor unified the mandates and ordinances, there were many
culprits. Thus, whenever old laws and earlier orders produced
advantages, they were followed; whenever new laws and
later orders produced advantages, they were followed, too.
So long as old and new[2] counteracted each other and the
earlier and later orders contradicted each other, even though
Shên Pu-hai advised Marquis Chao ten times to use tact, yet
the wicked ministers still had excuses to twist their words.
Therefore, though he counted on Han's strength of ten
thousand chariots, Han failed to attain Hegemony in the course
of seventeen years,[3] which was the calamity of the neglect of
law by the officials despite the use of tact by the superior.

"Kung-sun Yang, while governing Ch`in, established the
system[4] of denunciation and implication and called the real
culprit to account; he organized groups of ten and five
families and made members of the same group share one
another's crime. Rewards were made liberal and certain;
punishments were made severe and definite. Consequently,
the people exerted their forces laboriously but never stopped,

pursued the enemy perilously but never retreated. Therefore,
the state became rich and the army strong. However, if he
had no tact whereby to detect villainy, by enriching the state
and strengthening the army he benefited nobody other than
the subsequent ministers. Following the death of Duke Hsiao
and Lord Shang and the accession of King Hui to the throne,
the law of Ch`in had as yet fallen to the ground, when Chang
Yi at the cost of Ch`in's interest complied with the demands
of Han and Wey. Following the death of King Hui and the
accession of King Wu to the throne, Kan Mu at the cost
of Ch`in's interest complied with the request of Chou.
Following the death of King Wu and the accession of King
Chao Hsiang to the throne, Marquis Jang crossed Han and
Wey and marched eastward to attack Ch`i, whereas the five
years' campaign gained Ch`in not even one foot of territory
but merely secured for him the Fief of T`ao. Again, Marquis
Ying attacked Han for eight years only to secure for himself
the Fief of Ju-nan. Thenceforward, those who have served
Ch`in, have been the same types of men as Ying and Jang.
Therefore, whenever the army wins a war, chief vassals are
honoured; whenever the state expands its territory, private
feuds are created. So long as the sovereign had no tact whereby
to detect villainy, even though Lord Shang improved his
laws ten times, the ministers in turn utilized the advantages.
Therefore, though he made use of the resources of strong
Ch`in, Ch`in failed to attain the status of an empire in the
course of several decades,[5] which was the calamity of the
sovereign's tactlessness despite[6] the officials' strict observance
of law."

The inquirer again asked: "Suppose the ruler applies the
tact of Shên Tzŭ and the officials observe the law of Lord
Shang. Would everything work out right?"

In reply I said: "Shên Tzŭ was not thorough in the doctrine
of tact, Lord Shang was not thorough in the doctrine of law."

"According to Shên Tzŭ, no official should override his
commission and utter uncalled-for sentiments despite his
extra knowledge. Not to override one's commission means
to keep to his duty. To utter uncalled-for sentiments
despite one's extra knowledge, is called a fault. After all, it
is only when the lord of men sees things with the aid of
everybody's eyes in the country that in visual power he is
surpassed by none; it is only when he hears things with the
aid of everybody's ears in the country that in auditory power
he is surpassed by none. Now that those who know do not
speak, where is the lord of men going to find aid?

"According to the Law of Lord Shang, `who cuts off one
head in war is promoted by one grade in rank, and, if he
wants to become an official, is given an office worth fifty
piculs; who cuts off two heads in war is promoted by two
grades in rank, and, if he wants to become an official, is given
an office worth one hundred piculs'. Thus, promotion in
office and rank is equivalent to the merit in head-cutting.
Now supposing there were a law requesting those who cut
off heads in war to become physicians and carpenters, then
neither houses would be built nor would diseases be cured.
Indeed, carpenters have manual skill; physicians know how

to prepare drugs; but, if men are ordered to take up these
professions on account of their merits in beheading, then
they do not have the required abilities. Now, governmental
service requires wisdom and talent in particular; beheading
in war is a matter or courage and strength. To fill governmental
offices which require wisdom and talent with
possessors of courage and strength, is the same as to
order men of merit in beheading to become physicians and
carpenters."

Hence my saying: "The two philosophers in the
doctrines of law and tact were not thoroughly perfect."