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The complete works of Han Fei tzu

... a classic of Chinese political science.
  
  
  
  

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Chapter XXXVII
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Chapter XXXVII

CRITICISMS OF THE ANCIENTS, SERIES TWO[1]

Duke Ching passed by the house of Yen Tzŭ and said,
"Your residence is small and close by the market. Pray move
your home to the Garden of Yü-chang." Repeating his
bows, Yen Tzŭ declined the offer, saying, "The home of thy
servant[2] , Ying, is poor and dependent on the market for
daily supplies. As every morning and evening we have to
run to the market, we cannot live too far away from the
place." Duke Ching laughed and said, "If your family is
used to shopping at the market, do you know the prices
of goods?" At that time Duke Ching was busy inflicting
many punishments. Therefore, Yen Tzŭ replied, "The
shoes of the footless men are dear; the ordinary shoes cheap."
"Why?" asked the Duke. "Because there are many punishments
of foot-cutting," replied Yen Tzŭ. Astonished thereat,
Duke Ching changed his colour and said, "Am I as cruel as


158

that?" Meanwhile he abolished five articles under the criminal
law.

Some critic says: Yen Tzŭ's making dear the shoes of footless
men was not sincere. He simply wanted to utilize the
words to eliminate the number of punishments. This was the
calamity of his ignorance of the bases of political order.
Indeed, punishments equivalent to crimes are never too many;
punishments not equivalent to crimes are never too few.[3]
Instead of informing the ruler about the punishments that
were not equivalent to crimes, Yen Tzŭ persuaded him that
the punishments were too many. This was the calamity of
his tactlessness. When defeated troops are censured, though
the punishments number hundreds and thousands, yet they
still keep running away. When penalties for settling order
out of confusion are inflicted, though the punishments seem
innumerable, yet the culprits are still not exterminated.
Now that Yen Tzŭ never considered whether or not the
punishments were equivalent to the crimes but took their
extraordinary number as the basis of his remark, was his
counsel not absurd? Verily, who spares weeds and reeds,
hurts the ears of the rice-plants; who tolerates thieves and
robbers, injures good citizens. Similarly, to loosen censure
and punishment and give pardons and favours, is to benefit
the crooks and injure the good. It is not the way to attain
political order.

Once Duke Huan of Ch`i was drunk and dropped his
crown. Feeling disgraced thereby, he did not hold court for
three days. Kuan Chung said, "This is not what the ruler
of a state should feel disgraced by. Why does Your Highness


159

not wipe away such disgrace by means of good government?"
"Right," replied the Duke, and, accordingly, opened the
granaries and gave aid to the poor, and made a thorough
investigation of the convicts and let out the misdemeanants.
In the course of three days, the people began to sing his
praises, saying:

Duke, Duke, Duke! We have asked in vain,
Why doesn't he drop his crown again?

Some critic says: Kuan Chung wiped away Duke Huan's
disgrace among small men but displayed his disgrace before
superior men.[4] To make Duke Huan open the granaries,
give aid to the poor, investigate the convicts, and let out
the misdemeanants, was not righteous and not able to wipe
away the disgrace. Granting it to be a righteous act, Duke
Huan and neglected such righteousness that he dropped his
crown, and then began to act righteously. If so, the righteous
act was done because Duke Huan had neglected[5] righteousness
rather than because he had dropped his crown. Thus,
though he might have wiped away the disgrace of dropping
the crown among small men, yet he had already left the
disgrace of neglecting[6] righteousness before gentlemen.
Moreover, to open the granaries and give aid to the poor
was to reward men of no merit; to investigate the convicts
and let out the misdemeanants was to inflict no punishment
upon offenders. Indeed, if men of no merit are rewarded,
then the people will enjoy the godsends and hope for the
same from the sovereign; if offenders are not punished,


160

then the people will take no warning and become liable to
misconduct. This is the root of confusion. How could it
wipe away any disgrace at all?

In bygone days, King Wên invaded Yü, defeated Chü,
and took Fêng. After he had waged these three campaigns,
King Chow came to dislike him. Afraid thereof, he offered
to present the King with the land to the west of the Lo River
and the country of the Red Soil, altogether one thousand li
square in area, and asked him to abolish the punishment of
climbing the roasting pillar. Thereat All-under-Heaven were
delighted. Hearing about this, Chung-ni said: "How
benevolent King Wên was! By making light of a country
of one thousand li square, he asked for the abolishment of
the punishment of climbing the roasting pillar. How wise
King Wên was! By offering the land of one thousand li
square, he won the hearts of All-under-Heaven."

Some critic says: Chung-ni thought King Wên was
wise. Was he not mistaken? Indeed, the wise man knows the
unlucky and dangerous zone and can avoid it, so that he never
suffers the calamity himself. Suppose the reason why King
Wên was disliked by Chow was his inability to win the hearts
of the people. Then though he might seek to win the hearts
of the people in order thereby to dispel Chow's dislike, yet
Chow would dislike him the more because he made a great
success in winning the hearts of the people. Besides, he made
light of his territory and thereby won the hearts of the people,
which would double Chow's suspicion of him. No wonder,
he was fettered in jail at Yu-li. The saying of the elder of
Chêng, "Have personal experience of the Way of Nature,
do not do anything, and reveal nothing," would be the most
suitable warning to King Wên. It is the way to incur nobody's


161

suspicion. Thus, Chung-ni in regarding King Wên as wise
fell short of this saying.

Duke P`ing of Chin asked Shu Hsiang, saying: "Formerly
Duke Huan of Ch`i called nine conferences of the
feudal lords and brought All-under-Heaven under one rule.
Was that due to the abilities of the ministers or the ability
of the ruler?" In reply Shu Hsiang said, "Kuan Chung was
skilful in cutting the shape of the dress; Pin Hsü-wu was
skilful in sewing[7] the seams of the dress; and Hsi Pêng
was skilful in decorating the dress with plaits and bindings.
When the dress was ready, the ruler took it and wore it. The
dress-making was thus due to the minister's abilities. What
ability did the Ruler have?" Thereat Musician K`uang lay
down upon the harp and laughed. "Grand Tutor, why are
you laughing?" asked the Duke. "Thy servant," replied
the Musician K`uang, "is laughing at the reply Shu Hsiang
has given to Your Highness. As a rule, who ministers to a
ruler is like a cook synthesizing the five tastes and serving the
food to the master. If the master refuses to eat it, who dare force
him? May thy servant compare the ruler to farming soil
and ministers to grass and trees. The soil must be fertile
before grass and trees grow big. Similarly, the Hegemony of
Duke Huan was due to the ruler's ability. What abilities did
the ministers have?"

Some critic says: The replies of both Shu Hsiang and
Musician K`uang were equally eccentric views. Verily, to
bring All-under-Heaven under one rule and call nine conferences
of the feudal lords was a brilliant achievement.
However, it was neither entirely due to the ability of the
ruler nor entirely due to the abilities of the ministers.


162

Formerly, Kung Chi-ch`i served Yü, Hsi Fu-ch`i served
Ts`ao. Both ministers were so wise that their words always hit
the truth of affairs and the execution of the counsels could
always harvest successful results. Yet why did Yü and Ts`ao
go to ruin? It was because they had able ministers but no
able rulers. Likewise, Ch`ien Shu[8] served Yü,[9] but Yü
went to ruin; then he served Ch`in, which attained Hegemony.
Not that Ch`ien Shu was stupid in Yü and wise in
Ch`in, but that serving under an able ruler was different from
serving under an unable ruler.[10] Therefore, Hsiang's saying
that the success was due to the abilities of the ministers
was not true.

Formerly, Duke Huan built two markets inside the palace
and two hundred gates of harems between them. Everyday
he wore no hat and took drives with women. After he got
Kuan Chung, he became the first of the Five Hegemonic
Rulers.[11] After he lost Kuan Chung, he got Shu Tiao with
the result that following his death worms crawled outdoors[12]
while the corpse still lay unburied. If success was
not due to the ability of the minister, Duke Huan would not
have attained Hegemony because of Kuan Chung. Were it
entirely due to the ability of the ruler, he would not have
suffered any disturbance because of Shu Tiao. Formerly,
Duke Wên was so much in love with his Ch`i wife that he
forgot the necessity to return to his native country. Therefore,


163

Uncle[13] Fan made a forceful remonstration with him and
thereby enabled him to go back to the Chin State. Thus,
Duke Huan brought All-under-Heaven under one rule
because of Kuan Chung while Duke Wên attained Hegemony
because of Uncle Fan. Therefore, Musician K`uang's saying
that the success was due to the ability of the ruler was also
not true. On the whole, the Five Hegemonic Rulers could
accomplish their achievements and reputations in All-underHeaven
because in every case both ruler and minister had
abilities. Hence the saying: "The replies of both Shu
Hsiang and Musician K`uang were equally eccentric views."

At the time of Duke Huan of Ch`i, once an envoy from
Chin arrived. When the chief usher asked about the kind
of treatment he should be accorded, Duke Huan thrice said,
"Ask Uncle Chung about it." Therefore the clown laughed,
saying, "How easy it is to be a ruler! First Your Highness
says, `Ask Uncle Chung!' and next also says, `Ask Uncle
Chung!' " In response Duke Huan said: "I have heard
that the ruler of men has a hard time to find right men for
office but has an easy time when making use of them. I
already had a hard time to find Uncle Chung. After having
found him, why should I not have an easy time?"

Some critic says: The reply of Duke Huan to the clown
was not what the ruler of men ought to have made. Duke Huan
thought the ruler of men must undergo the hardship of
finding right men for office. Why should finding men be a
hardship at all? Yi Yin became a cook and thereby[14]
ingratiated himself with King T`ang; Pai-li Hsi became a war
prisoner and thereby ingratiated himself with Duke Mu.


164

To become a war prisoner is a humiliation; to become a
cook is a disgrace. Yet because the worthy's worry about the
world is urgent, he would go through humiliation and disgrace
and thereby approach the ruler. If so, the rulers of men
should cause only the worthies no obstacle. Verily, to find
right men for office does not constitute any difficulty to the
lord of men. Moreover, to offices and commissions worthies
are appointed; with titles and bounties men of merit are
rewarded. Once offices and commissions are established and
titles and bounties are paraded, talented men will appear
of themselves. Then why should the ruler of men have any
hardship at all?

Likewise, personnel administration is not an easy thing.
The lord of men, while using men, must regulate them with
rules and measures, and compare their deeds with their words
in the way forms are compared with names. If any project
is lawful, it should be carried out; if unlawful, it should be
stopped. If the result is equivalent to the proposal, the
proposer should be rewarded; if not, he should be punished.
Rectify the ministers with forms and names, regulate the
subordinates with rules and measures. This principle should
not be neglected. Then what ease does the ruler of men have?

Thus finding men is not a hardship; using men is not
easy. Consequently, Duke Huan's saying, "The ruler has
a hard time to find men but has an easy time when using
them," was not true. Moreover, Duke Huan went through
no hardship to find Kuan Chung. Kuan Chung did not
die in the cause of loyalty to his first master, but surrendered
himself to Duke Huan. Besides, Pao Shu made light of his
own official position, gave way to the able man, and recommended
him for the post of premiership. Clearly enough,


165

Duke Huan's finding Kuan Chung was not any hardship
at all.

After having found Kuan Chung, how could he have an
easy time all at once? Kuan Chung was not like Duke T`an
of Chou. Duke T`an of Chou acted for the Son of Heaven for
seven years till King Ch`êng reached full age, when he returned
the reins of government to him. This was not because he
thought of the welfare of All-under-Heaven, but because
he wanted to perform his duty. Indeed, who does not usurp
the orphan's throne and thereby rule over All-under-Heaven,
never will desert the dead ruler and serve the enemy; who
deserts the dead ruler and serves the enemy, will not always
hesitate to usurp the orphan's throne and thereby rule over
All-under-Heaven; and who does not hesitate to usurp the
orphan's throne and thereby rule over All-under-Heaven,
will not hesitate to usurp the ruler's state. Now Kuan Chung
was originally a minister under Prince Chiu. Once he even
schemed to assassinate Duke Huan, but in vain. Following the
death of his old master, he served Duke Huan. Clearly
enough, in matters of submission and desertion Kuan Chung
was not as great as Duke T`an of Chou.[15] Nobody could tell
whether or not he would remain worthy.[16] Supposing he
would remain worthy, then he might do the same as King
T`ang and King Wu. T`ang and Wu were originally
ministers under Chieh and Chow respectively. Chieh and
Chow caused confusion, wherefore T`ang and Wu deprived
them of the throne. Now that Duke Huan easily stood above


166

Kuan Chung, he was doing the same as Chieh and Chow
did standing above T`ang and Wu. Duke Huan was in
danger then. Supposing Kuan Chung should become an
unworthy man, then he might do the same as T`ien Ch`ang.
T`ien Ch`ang was a minister to Duke Chien but murdered his
master. Now that Duke Huan stood easily above Kuan
Chung, he was doing the same as Duke Chien standing
easily above T`ien Ch`ang. Again Duke Huan was in
danger.

Thus clearly[17] enough, Kuan Chung was not as great as
Duke T`an of Chou. However, nobody could tell whether he
would do the same as T`ang and Wu or as T`ieh Ch`ang.
Should he do the same as T`ang and Wu, there would be the
danger of Chieh and Chow; should he do the same as
T`ien Ch`ang, there would be the catastrophe of Duke
Chien. After having found Uncle Chung, how could he have
an easy time all at once? Supposing Duke Huan took Kuan
Chung into service because he was sure he would never
deceive him, then he could direct ministers who were not
deceitful. However, though at one time he could direct
ministers who were not deceitful, yet as he later entrusted
Shu Tiao and I Ya with the same affairs which he had committed
to the hands of Kuan Chung with the result that worms
crawled outdoors[18] while his corpse lay unburied, it goes
without saying that Duke Huan could not tell between
ministers who would deceive the ruler and those who would
not deceive the ruler. Nevertheless, so exclusively he put
his trust in ministers when he took them into service! Hence
the saying: "Duke Huan was a stupid sovereign."


167

Li K`o[19] governed Central Hills. The magistrate of Hard
Paths presented his fiscal report, in which the annual revenue
appeared enormous in amount. Therefore, Li K`o said:
"Speeches, eloquent and delightful to the ear but in discord
with the cause of righteousness, are called `entrancing words.'
The revenue, enormous in amount but not due to the products
from mountains, forests, swamps, and valleys, is called `an
attractive income.' The gentleman never listens to attractive
words nor accepts any attractive income. You had better
leave your office."

Some critic says: Li Tzŭ proclaimed the theory,
"Speeches, eloquent and delightful to the ear but in discord
with the cause of righteousness, are called `attractive
words'." To be sure, the eloquence of speeches depends
upon the speaker while their delight rests with the listener.
Thus, the speaker is not the listener. What he called "discord
with the cause of righteousness" is not concerned with the
listener. It must be concerned with what is heard. The
listener must be either a rascal or a gentleman. The rascal,
having no cause of righteousness, must be unable to estimate
the speeches from the standpoint of righteousness;
whereas the gentleman, estimating them from the standpoint
of righteousness, is certainly not delighted at them. Verily,
the argument that speeches, eloquent and delightful to the
ear, are in discord with the cause of righteousness must be
an absurd saying.

The argument that a revenue enormous in amount is an
attractive income is not applicable to many cases. Li Tzŭ
did not stop corruptions early enough and let them creep into


168

the fiscal report. In this way he allowed criminal offences to
be accomplished. He had no way of knowing why the
revenue was enormous. If the enormous revenue was due
to a bountiful harvest, then though the amount was doubled,
what could be done about it? If in doing any kind of work
people look after the harmony of the positive and negative
factors[20] ; if in planting trees they follow the suitable periods of
the four seasons; and if at dawn and at dusk there is no suffering
from cold or heat; then revenue will be enormous. If
important duties are not obstructed by small profits; if
public welfare is not injured by private interest; if men exert
their strength to tillage; and if women devote their energies to
weaving; then revenue will be enormous. If the methods
of animal husbandry are improved, the qualities of the soil
are examined, the six animals[21] flourish, and the five cereals
abound, then revenue will be enormous. If weights and
measures are made clear; if topographical features are carefully
surveyed; and if through the utilization of boats, carts,
and other mechanical devices, the minimum amount of
energy is used to produce the maximum amount of efficiency;
then revenue will be enormous. If traffic on markets, cities,
passes, and bridges is facilitated, so that needy places are
supplied with sufficient commodities; if merchants from
abroad flock to the country and foreign goods and money
come in; if any unnecessary expenditure is cut down,
extravagant clothing and food are saved, houses and furniture
are all limited to necessities, and amusements and
recreations are never over-emphasized; then revenue will
be enormous. In these cases, the increase in revenue is

169

due to human effort. Granted that natural events, winds,
rain, seasons, cold, and heat are normal and the territory
remains the same, then if the people can reap the fruits
of the abundant year, then revenue will be enormous too.
Thus, human effort and heavenly support both are the main
factors of increases in revenue, but the products from
mountains, forests, swamps, and valleys are not. Verily, to
call the enormous revenue not due to the products from mountains,
forests, swamps, and valleys "an attractive income,"
is a tactless saying.

When Viscount Chien of Chao was laying siege to the
outer walls[22] of the capital of Wei, he covered himself with a
shield and a turret both made of rhinoceros-hide and stood
at a spot beyond the reach of arrow-heads. Therefrom he
beat the drum, but the warriors made no progress. Throwing
down the drumsticks, Duke Chien said, "Alas! My men are
already exhausted." In response a herald named Chu Kuo
took off his helmet and said: "Thy servant has heard, `The
ruler may be incapable, but no warrior is ever exhausted.'
In bygone days,[23] our former ruler, Duke Hsien, annexed
seventeen states, subdued thirty-eight states, and won twelve
wars, which altogether was due to his way of making use of
the people. Following the death of Duke Hsien, Duke Hui
ascended the throne. As he continued lewd, flighty, cruel,
and violent, and pleasured himself in beautiful women, the
Ch`ins invaded the country at their pleasure and came within
the distance of seventeen li from the city of Chiang, which
also was due to his way of using the people. Following the
death of Duke Hui, Duke Wên accepted the reins of government,


170

besieged Wei, took Yeh, and at the battle of Ch`êng-p`u
defeated the Chings five times, till he attained the highest
fame in All-under-Heaven, which also was due to his way of
using men. Thus, the ruler may be incapable, but no warrior
is ever exhausted." Accordingly, Duke Chien discarded the
shield and the turret and stood on a spot within the reach of
arrow-heads. Therefrom he beat the drum, under whose
influence the warriors fought and won a great victory.
Thereupon Duke Chien said, "One thousand armoured
chariots given to me would not be as effective as one counsel
heard from Chu Kuo."

Some critic says: The herald did not speak to the point.
He simply reminded his master that Duke Hui on account of
his personnel administration failed while Duke Wên on
account of his personnel administration attained hegemony,
but did not yet explain to him the right technique of personnel
administration. Therefore, Duke Chien should not have
discarded the shield and the turret so soon. When the father
is besieged, to slight personal safety and venture the arrowheads
is the way the dutiful son loves his father. However,
among one hundred there may be one dutiful son loving his
father to such an extent. Now that the herald thought the
people could fight even in the face of personal dangers, he
presumed that all the sons of the hundred clans[24] would serve
the superior in the same way as the dutiful son loves his father.
Such was the absurd idea of the herald. To love profit and
dislike injury is the tendency everybody has. Therefore, if
reward is big and trusted, everybody will rush at enemies
with ease. If punishment is heavy and definite, nobody[25] will


171

run[26] away from enemies. Among one hundred men there is
not even one who would practise high virtue and die in the
cause of loyalty to the superior, yet everybody is equally
fond of profit and afraid of punishment. Therefore, in
advising the leader of the masses not to go on the way which
they would follow by necessity but to count on such virtue
as none out of a hundred would practise, the herald was
certainly not yet aware of the right method of making use
of the people.

 
[1]

[OMITTED].

[2]

With Wang Hsien-shên [OMITTED] above [OMITTED] should be [OMITTED] ch`ên, minister.

[3]

Unjust punishments, however few in number, are still unjust.

[4]

With Wang Hsien-shên, small men regard dropping the crown as a
disgrace while gentlemen regard dropping righteousness as a disgrace.

[5]

With Ku Kuang-ts`ê [OMITTED] should be [OMITTED].

[6]

[OMITTED] should be supplied below [OMITTED].

[7]

With Kao Hêng [OMITTED] above [OMITTED] means [OMITTED], too.

[8]

As a matter of fact, it was Pai Hsi who first served Yü and later went to
Ch`in. Chien Shu was brought in by Pai-li Hsi, but he never served Yü.

[9]

With Yü Yüeh [OMITTED] should be [OMITTED], and so throughout the criticism.

[10]

With Ku Kuang-ts`ê [OMITTED] should be [OMITTED].

[11]

[OMITTED] should be [OMITTED] which means [OMITTED].

[12]

With Wang Haien-shen [OMITTED] should be [OMITTED].

[13]

[OMITTED] should be [OMITTED].

[14]

With Yü Yüeh [OMITTED] in both cases should be [OMITTED].

[15]

With Chang P`ang and Wang Hsien-shen [OMITTED] should be
supplied below [OMITTED].

[16]

With Chang and Wang [OMITTED] should be supplied above
[OMITTED].

[17]

With Wang [OMITTED] above [OMITTED] should be [OMITTED].

[18]

With Wang [OMITTED] should be [OMITTED].

[19]

[OMITTED] should be [OMITTED] (v. supra, Work XXXIII, p. 68).

[20]

[OMITTED].

[21]

Namely, horses, oxen, sheep, chickens, dogs, and pigs.

[22]

With Wang Hsien-shen [OMITTED] should be [OMITTED].

[23]

Hirazawa's edition has [OMITTED] above [OMITTED], which is wrong.

[24]

[OMITTED] like [OMITTED] "the hundred surnames" means the masses of people

[25]

With Ku Kuang-ts`ê [OMITTED] above [OMITTED] should be [OMITTED].

[26]

With Wang Hsien-shën, Chao Yung-hsien's edition has [OMITTED] in place
of [OMITTED].