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BOOK SEVENTEEN

Chapter XL

A CRITIQUE OF THE DOCTRINE
OF POSITION[1]

Shên Tzŭ said:—

"The flying dragon rides on the clouds and the rising
serpent strolls through the mists; but as soon as the clouds
disperse and the mists clear up, the dragon and the serpent
become the same as the earthworm and the large-winged
black ant, because they have then lost what they rested on.
If worthies are subjected by unworthy men, it is because their
power is weak and their status is low; whereas if the unworthy
men can be subjected by the worthies, it is because
the power of the latter is strong and their status is high. Yao,
while a commoner, could not govern three people, whereas
Chieh, being the Son of Heaven, could throw All-underHeaven
into chaos.

"From this I know that position and status are sufficient
to rely on, and that virtue and wisdom are not worth yearning
after. Indeed, if the bow is weak and the arrow flies high, it
is because it is driven up by the wind; if the orders of an


200

unworthy man take effect, it is because he is supported by
the masses. When Yao was teaching in an inferior status, the
people did not listen to him; but, as soon as he faced the
south, and became Ruler of All-under-Heaven, whatever he
ordered took effect and whatever he forbade stopped. From
such a viewpoint I see that virtue and wisdom are not
sufficient to subdue the masses, and that position and status
may well subject[2] even worthies."

In response to Shên Tzŭ some critic says:—

"True, the flying dragon rides on the clouds and the
rising serpent strolls through the mists. The dependence of
the dragon and the serpent on the circumstances of the clouds
and the mists I never deny. However, if you cast worthiness
aside and trust to position entirely, is it sufficient to attain
political order? No such instance have I ever been able to
witness. Indeed, if the dragon and the serpent, when having
the circumstances of clouds and mists, can ride on and stroll
through them, it is because their talents are excellent.[3] Now,
though the clouds are thick, the earthworm cannot ride on
them; though the mists are deep, the ant cannot stroll
through them. Indeed, if the earthworm and the ant, when
having the circumstances of thick clouds and deep mists, cannot
ride on and stroll through them, it is because their talents
are feeble. Now, while Chieh and Chow were facing the
south and ruling All-under-Heaven with the authority of the
Son of Heaven as the circumstances of clouds and mists,
All-under-Heaven could not evade chaos, although the talents
of Chieh and Chow were feeble. Again, if All-under-Heaven
was governed by Yao with his position, then how could that


201

position differ from Chieh's position with[4] which he threw
All-under-Heaven into chaos? After all, position cannot
always make worthies realize their[5] good-will and unworthy
persons realize their[6] malice. If worthies use it, the world
becomes orderly; if unworthy persons use it, the world
becomes chaotic.

"As regards human nature, worthies are few and worthless
persons many. Because the unworthy men who disturb the
world are supplied with the advantage of authority and
position, those who by means of their position disturb the
world are many and those who by means of their position
govern the world well are few. Indeed, position is both an
advantage to order and a facility to chaos. Hence the History
of Chou
says: `Do not add wings to tigers. Otherwise,
they will fly into the village, catch people, and devour them.'

"Indeed, to place unworthy men in advantageous positions
is the same as to add wings to tigers. Thus, Chieh and Chow
built high terraces and deep pools to exhaust people's strength
and made roasting pillars to injure people's lives.[7] Chieh
and Chow could abuse their position and give themselves
over to all vices[8] because the south-facing authority[9] worked
as their wings. Were Chieh and Chow commoners, then
before they as yet committed a single vice, their bodies would
have suffered the death penalty. Thus, position can rear
in man the heart of the tiger and the wolf and thereby foster


202

outrageous and violent events. In this respect it is a great
menace to All-under-Heaven. Thus, concerning the relation
of position to order and chaos, there is from the outset no[10]
settled view. Nevertheless, if anyone devotes his whole discourse
to the sufficiency of the doctrine of position to govern
All-under-Heaven, the limits of his wisdom must be very
narrow.

"For instance, a swift horse and a solid carriage, if you
make bondmen and bondwomen drive them, will be ridiculed
by people, but, if driven by Wang Liang, will make one
thousand li a day. The horse and the carriage are not different.
Yet, if they sometimes make one thousand li a day and are
sometimes ridiculed by people, it is because the skilful coachman
is so different from the unskilful ones. Now, compare
the state[11] to the carriage, position to the horse, commands
and orders to the reins and the bridle,[12] and punishments to
the whip and the cord, and then let Yao and Shun drive them.
Be sure All-under-Heaven would fall into chaos. It is because
the worthy and the unworthy are very different from each
other. Indeed, if anybody wants to drive fast and far but does
not know to employ Wang Liang, or if one wants to increase
advantages and remove dangers but does not know to employ
worthy and talented men, it is the calamity of the ignorance
of analogy. After all, Yao and Shun are the Wang Liangs in
governing the people."[13]


203

In response to the foregoing criticism some other critic
says:—

"The philosopher considered position sufficiently reliable
for governing officials and people. The critic said that you
had to depend on worthies for political order. As a matter of
truth, neither side is reasonable enough. Indeed, the term
shih [OMITTED] is a generic name. Its species cover innumerable
varieties. If the term shih is always restricted to that variety
entirely due to nature, then there will be no use in disputing
on the subject. What is meant by shih on which I am talking
is the shih created by man. Now, the critic said, `When Yao
and Shun had shih, order obtained; when Chieh and Chow
had shih, chaos prevailed.' Though I do not deny the success
of Yao and Shun, yet I do assert that shih is not what one man
alone can create.

"Indeed, if Yao and Shun were born in the superior status
and even ten Chiehs and Chows could not create any
commotion, the political order would then be due to the force
of circumstances. If Chieh and Chow were born in the
superior status and even ten Yaos and Shuns could not attain
order, the political chaos would then be due to the force of
circumstances. Hence the saying: `Where there is order by
force of circumstances, there can be no chaos; where there
is chaos by force of circumstances, there can be no order.'
Such is the shih due to nature; it cannot be created by man.

"By shih the critic[14] meant what man can create. By shih
I mean only the kind of shih as acquired by man. Worthiness
has nothing to do with it. How to clarify this point?

"Somebody said: Once there was a man selling halberds


204

and shields. He praised his shields for their solidity as such
that nothing could penetrate them. All at once he also praised
his halberds, saying, `My halberds are so sharp that they can
penetrate anything.' In response to his words people asked,
`How about using your halberds to pierce through your
shields?' To this the man could not give any reply.

"In fact, the shields advertised to be `impenetrable' and
the halberds advertised to be `absolutely penetrative' cannot
stand together. Similarly, worthiness employed as a form
of shih cannot forbid anything, but shih employed as a way
of government forbids everything. Now, to bring together
worthiness that cannot forbid anything and shih that forbids
everything[15] is a `halberd-and-shield' fallacy.[16] Clearly
enough, worthiness and circumstances are incompatible with
each other.

"Moreover, Yao and Shun as well as Chieh and Chow
appear once in a thousand generations; whereas the
opposite[17] types of men are born shoulder to shoulder and
on the heels of one another. As a matter of fact, most rulers
in the world form a continuous line of average men. It is for
the average rulers that I speak about shih. The average rulers
neither come up to the worthiness of Yao and Shun nor reach
down to the wickedness of Chieh and Chow. If they uphold
the law and make use of their august position, order obtains;


205

if they discard the law and desert their august position, chaos
prevails. Now suppose you discard the position and act
contrary to the law and wait for Yao and Shun to appear and
suppose order obtains after the arrival of Yao and Shun, then
order will obtain in one out of one thousand generations of
continuous chaos. Suppose you uphold the law and make
use of the august position and wait for Chieh and Chow
to appear and suppose chaos prevails after the arrival of
Chieh and Chow, then chaos will prevail in one out of one
thousand generations of continuous order. To be sure, one
generation of chaos out of one thousand generations of order
and one generation of order out of one thousand generations
of chaos are as different from each other as steed-riders
driving in opposite directions are far apart from each other.

"Indeed, when you abandon the tools of stretching and
bending and give up the scales of weights and measures,
then though you try to make Hsi Chung construct a carriage,
he would not be able to finish even a single wheel. Similarly,
without the promise of reward and the threat of penalty, and
casting the position out of use and giving up the law, then
even if Yao and Shun preached from door to door and
explained to everybody the gospel of political order, they
could not even govern three families. Verily, that shih is
worth employing, is evident. To say that it is necessary to
depend upon worthiness is not true.

"Besides, if you let anyone eat nothing for one hundred
days while waiting for good rice and meat to come, the
starveling will not live. Now, to depend upon the worthiness
of Yao and Shun for governing the people of the present
world is as fallacious as to wait for good rice and meat to save
the starveling's life.


206

"Indeed, I do not consider it right to say that a swift horse
and a solid carriage, when driven by bondmen and bondwomen,
will be ridiculed by people, but, when driven by
Wang Liang, will make a thousand li a day. For illustration,
if you wait for a good swimmer[18] from Yüeh to rescue a
drowning man in a Central State,[19] however well the Yüeh
swimmer may do, the drowning person will not be rescued.
In the same way, waiting for the Wang Liang of old to drive
the horse of to-day is as fallacious as waiting for the man from
Yüeh to rescue that drowning person. The impracticability
is evident enough. But, if teams of swift horses and solid
carriages are placed in readiness in relays fifty li apart and
then you make an average coachman drive them, he will be
able to drive them fast and far and cover one thousand li a
day. Why should it then be necessary to wait for the Wang
Liang of old?

"Further, in matters of driving, the critic chose Wang Liang
for a case of success and took bondmen and bondwomen for a
case of failure; in matters of government, he selected Yao and
Shun for attaining order and Chieh and Chow for creating
chaos. To run from one extreme to another is as fallacious as to
consider taste as sweet as wheat-gluten and honey or else as
bitter as parti-coloured lettuce and bitter parsley.

"In short, the criticism, composed of flippant contentions
and wordy repetitions, is absurd and tactless. It is a dilemma
involving two extremes[20] as the only alternatives. If so, how
can it be used to criticize a reasonable and consistent doctrine?
The argument of the critic, however, is not as sound as the
doctrine under consideration."

 
[1]

[OMITTED]. Its English rendering by L. T. Chen is "Misgivings on Circumstances"
(Liang, History of Chinese Political Thought during the Early Tsin
Period,
p. 117, f.I), which is a great mistake. Derk Bodde rendered shih ([OMITTED])
as "power" or "authority" (Fung, History of Chinese Philosophy: The
Period of the Philosophers,
p. 318 ff.), which is inaccurate. For shih, a special
term employed by the ancient Chinese legalists, I have chosen "position"
in English inasmuch as it implies "circumstance" objectively and "influence"
subjectively and, moreover, is intimately related to wei ([OMITTED]) for which I have
used "status".

[2]

With Yü Yüeh and Wang Hsien-shen [OMITTED] is a mistake for [OMITTED].

[3]

With Wang Hsien-ch`ien [OMITTED] below [OMITTED] is superfluous.

[4]

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

[5]

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

[6]

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

[7]

I read [OMITTED] for [OMITTED].

[8]

With Wang Hsien-shen [OMITTED] should be supplied below [OMITTED] and [OMITTED] above
[OMITTED] should be [OMITTED].

[9]

Namely, the circumstance and influence of the throne.

[10]

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

[11]

With Wang Hsien-shen the Digest of Classics has no [OMITTED] below [OMITTED].

[12]

With Wang the same book has [OMITTED] below [OMITTED].

[13]

So much for the critical analysis of Shên Tzŭ's doctrine of position. In
the following passages Han Fei Tzŭ attempted a critical estimate of the two
foregoing systems.

[14]

With Wang Hsien-shen [OMITTED] between [OMITTED] and [OMITTED] is a mistake for [OMITTED].

[15]

The passage [OMITTED] involves both
mistakes and hiatuses. With Ku Kuang-ts`ê it should be [OMITTED]
[OMITTED].

[16]

[OMITTED], logically speaking, is a violation of the Law of
Contradiction, the same preducats cannot be both affirmed and denied of precisely
the same subject.

[17]

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

[18]

With Lu Wên-shao [OMITTED] above [OMITTED] is superfluous.

[19]

Places hundreds of miles apart.

[20]

With Kao Hêng [OMITTED] below [OMITTED] should be [OMITTED].


207

Chapter XLI

INQUIRING INTO THE ORIGIN OF
DIALECTIC[1]

Somebody asked: "How does dialectic originate?"

The reply was: "It originates from the superior's lack of
enlightenment."

The inquirer asked: "How can the superior's lack of
enlightenment produce dialectic?"

The reply was: "In the state of an enlightened sovereign,
his orders are the most precious among the words of men and
his laws are the most appropriate rules to affairs. Two
different words cannot be equally precious nor can two
different laws be equally appropriate. Therefore, words and
deeds not conforming to laws and decrees must be forbidden.
If anybody, not authorized by laws and orders, attempts to
cope with foreign intrigues, guard against civil disturbances,
produce public benefit, or manage state affairs, his superior
should heed his word and hold it accountable for an equivalent
fact. If the word turns out true, he should receive a big
reward: if not true, he should suffer a heavy penalty. Therefore,
stupid persons fear punishment and dare not speak, and
intelligent persons find nothing to dispute. Such is the reason
why in the state of an enlightened sovereign there is neither
dispute nor controversy.[2]

"The same is not true in a chaotic age. The sovereign
issues orders, but the subjects by means of their cultural
learning derogate them; official bureaux promulgate laws,


208

but[3] the people through their conduct alter them. The lord
of men, while seeing the violation[4] of his laws and orders,
honours the wisdom and conduct of the learned men. Such
is the reason why the world has so many men of letters.

"Indeed, words and deeds should take function and utility
as mark and target. To be sure, if someone sharpens an arrow
and shoots it at random, then though its pointed head may by
chance hit the tip of an autumn spikelet, he cannot be called
a skilful archer. For he has no constant aim and mark. Now,
if the target were five inches in diameter and the arrow were
shot from a distance of one hundred steps,[5] then nobody
other than Hou Yi and P`ang Mêng could with certainty hit
the mark every time. For there would then be a constant aim
and mark. Therefore, in the presence of a constant aim and
mark the straight hit by Hou Yi and P`ang Mêng at a target
five inches in diameter is regarded as skilful; whereas in the
absence of a constant aim and mark the wild hit at the tip of
an autumn spikelet is regarded as awkward. Now, when
adopting words and observing deeds, if someone does not
take function and utility for mark and target, he will be doing
the same as wild shooting, however profound the words may
be and however thorough the deeds may be.

"For this reason, in a chaotic age, people, when listening
to speeches, regard unintelligible wordings as profound and
far-fetched discussions as eloquent; and, when observing
deeds, regard deviations from group creeds as worthy and
offences against superiors as noble. Even the lord of men
likes eloquent and profound speeches, and honours worthy


209

and noble deeds. In consequence, though upholders of law
and craft establish the standards of acceptance and rejection
and differentiate between the principles of diction and contention,
neither ruler nor people are thereby rectified. For
this reason, men wearing the robes of the literati and girding
the swords of the cavaliers are many, but men devoted to
tilling and fighting are few; discussions on "Hard and
White"[6] and "The Merciless"[7] prevail, but mandates and
decrees come to a standstill. Hence the saying: `Wherever
the sovereign lacks enlightenment, there originates dialectic.' "

 
[1]

[OMITTED]. The Chinese word pien [OMITTED] connotes both "dispute" and
"controversy" in English. Therefore in the translation of this work sometimes
both are simultaneously used for difference in emphasis.

[2]

Most probably because of his methodological differences, Derk Bodde
made a very different rendering of this paragraph (v. Fung, op. cit., p. 323).

[3]

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

[4]

With Kao Hêng [OMITTED] above [OMITTED] means [OMITTED]

[5]

Wang Hsien-shen proposed [OMITTED] for [OMITTED].

[6]

By Kung-sun Lung. See supra, p. 116.

[7]

By Têng Hsi Tzŭ. In place of Têng Hsi, Bodde put Hui Shih (Fung,
op. cit., p. 323, £1), which is wrong. In his essay on "The Merciless"
Têng Hsi enumerated certain challenging ideas as follows:—

Heaven cannot prevent the causes of malignancy and adversity and
thereby make short-lived people to live on and good citizens to live long.
To mankind this is merciless. As a rule, people make holes through walls
and steal things, because they were born amidst needy circumstances and
brought up in poverty and destitution. Nevertheless, the ruler would stick
to the law and censure them. To the people this is merciless. Yao and Shun
attained the status of the Son of Heaven, but Tan Chu and Shang Chün
remained hemp clothed commoners. To sons this is merciless. The Duke
of Chou censured Kuan and Ts`ai. To brothers this is merciless . . . .

Chapter XLII

ASKING T`IEN[1] : TWO DIALOGUES[2]

Hsü Chü once asked T`ien Chiu, saying: "Thy servant
has heard that wise men do not have to start from a low post
before they win the ruler's confidence, nor do sages have to
manifest their merits before they approach the superior. Now
Yang-ch`êng Ih-chü was a famous general, but he rose from


210

a mere camp[3] master; Kung-sun T`an-hui was a great
minister, but he started as a district-magistrate. Why?"

In reply T`ien Chiu said: "It is for no other reason than
this: The sovereign has rules and the superior has tacts.
Moreover, have you never heard that Sung Ku, a general of
Ch`u, disordered the government, and Fêng Li, Premier of
Wey, ruined that state? It was because both their rulers, as
misled by their high-sounding phrases and bewildered by
their eloquent speeches, never tested their abilities as camp
master and district-magistrate that the miseries of misgovernment
and state-ruin ensued. From this viewpoint it is clear
that without making the trial at the camp and the test in the
district the intelligent sovereign cannot provide against
eventualities."

T`ang-ch`i Kung once said to Han Tzŭ[4] : "Thy servant
has heard that observing rules of propriety and performing
deeds of humility is the art of safeguarding one's own life
and that improving one's conduct and concealing one's
wisdom is the way to accomplish one's own career. Now,
you, my venerable master, propounded principles of law and
tact and established standards of regulations and statistics, thy
servant in private presumes that this will jeopardize your life
and endanger your body. How can thy servant prove[5] this?
As I have heard, Master in his discussion on tact says: `Ch`u,
not employing Wu Ch`i, was dismembered and disturbed;
Ch`in, practising the Law of Lord Shang, became rich and
strong.' The words of the two philosophers were equally
true, yet Wu Ch`i was dismembered and Lord Shang was


211

torn to pieces by chariots because they had the misfortune to
miss both the right age and the right master. Nobody can be
certain of meeting the right age and the right master, nor can
anybody repulse misery and disaster. Indeed, to discard the
way of security and accomplishment and indulge in a
precarious living thy servant personally does not consider
it worth Master's while."

In response to the remark Han Tzŭ said: "Thy servant
understands your honourable counsels very well. Indeed,
the exercise of the ruling authority of All-under-Heaven
and the unification of the regulation of the masses is not an
easy task. Nevertheless, the reason why thy servant has given
up your honourable[6] teachings and is practising his own
creeds is that thy servant personally regards the formulation
of the principles of law and tact and the establishment of the
standards of regulations and measures as the right way to
benefit the masses of people. Therefore, not to fear the threat
and outrage of the violent sovereign and stupid superior but
to scheme definitely for the advantages of unifying the people,
is an act of benevolence and wisdom; whereas to fear the
threat and outrage of the violent sovereign and stupid superior
and thereby evade the calamity of death, is a clear understanding
of personal advantages,[7] and to ignore the public
benefit of the masses, is an act of greed and meanness. Since
thy servant cannot bear entertaining the act of greed and
meanness and dare not destroy the act of benevolence and
wisdom, though Master[8] has the kind intention to make thy
servant happy, yet in fact it will be detrimental to thy servant."

 
[1]

[OMITTED].

[2]

The two dialogues are not directly related either in structure or in subject-matter.
Known as famous sayings, however, they were apparently written
posthumously by followers of the author to explain the untimely death of the
master. The basic ideas set forth in both dialogues by no means betray his
confidence in them.

[3]

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

[4]

Han Fei had been called Han Tzŭ up to the time of Han Yü (a.d. 768-824).

[5]

With Kao Hêng [OMITTED] below [OMITTED] means [OMITTED].

[6]

Wang Wei proposed [OMITTED] for [OMITTED].

[7]

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

[8]

With Yü Yüeh [OMITTED] should be [OMITTED].


212

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."


213

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,


214

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

215

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


216

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."

 
[1]

[OMITTED]. Its English rendering by L. T. Chên is "The Codification of
Law" (Liang, op. cit., p. 114, £3), which is a serious mistake.

[2]

With Lu Wên-shao [OMITTED] above [OMITTED] is superfluous.

[3]

With Ku Kuang-ts`ê [OMITTED] should be [OMITTED]. Shên Pu-hai was Premier
of Han from 351 to 337 b.c.

[4]

One failing to denounce anybody else's crime was punished as if he had
committed the crime oneself.

[5]

Kung-sun Yang went to Ch`in in 361 b.c., the first year of the reign of
Duke Hsiao. His petition for radical changes in the law was accepted in
359 b.c. when Duke Hsiao trusted him with all state affairs. Upon the death
of Duke Hsiao in 335 b.c. Lord Shang had already governed Ch`in for over
twenty years, which period of time was thereby referred to in the text.

[6]

With Lu Wên-shao and Ku Kuang-ts`ê [OMITTED] above [OMITTED] should be [OMITTED].

Chapter XLIV

ON ASSUMERS[1]

In general, the principal way of government does not
solely mean the justice of reward and punishment. Much less
does it mean[2] to reward men of no merit and punish innocent
people. However, to reward men of merit, punish men of
demerit, and make no mistake in so doing but affect such
persons only,[3] can neither increase men of merit nor eliminate
men of demerit. For this reason, among the methods of
suppressing villainy the best is to curb the mind, the next,
the word, and the last, the work.

Modern people all say, "Who honours the sovereign
and safeguards the country, always resorts to benevolence,


217

righteousness, wisdom, and ability"; while they ignore
the fact that those who actually humble the sovereign
and endanger the country, always appeal to benevolence,
righteousness, wisdom, and ability. Therefore, the sovereign
pursuing the true path would estrange upholders of benevolence
and righteousness, discard possessors of wisdom and
ability, and subdue the people by means of law. That being
so, his fame spreads far and wide, his name becomes awe-inspiring,
his subjects are orderly, and his country is safe,
because he knows how to employ the people. As a rule, tact
is what the sovereign holds in hand; law is what the officials
take as models.[4] If so, it will not be difficult to make the
courtiers get news everyday from outside and see the law
prevail from the neighbourhood of the court[5] to the state-frontiers.

In bygone days, the Yu-hu Clan had Shih Tu; the
Huan-tou Clan had Ku Nan; the Three Miaos had Ch`êng
Chü; Chieh had Hu Ch`i; Chow had Marquis Ch`ung;
and Chin had Actor Shih. These six men were "state-ruining
ministers".[6] They spoke of right as if it were wrong, and
of wrong as if it were right. Being crafty in mind, they acted
contrary to their outward looks; pretending to a little
prudence, they testified to their goodness. They praised
remote ancients to hinder present enterprises. Skilful in
manipulating[7] their sovereigns, they gathered detailed secrets
and perturbed them with their likes and dislikes. They were
the same types of men as most courtiers and attendants.


218

Of the former sovereigns, some got men through whom
they became safe and their states were preserved, and some
got men through whom they were jeopardized and their
states went to ruin. The getting of men was one and the same
but the differences between gains and losses are hundreds of
thousands. Therefore, the lord of men must not fail to take
precautions against his attendants. If the lord of men clearly
understands the words of the ministers, he can differentiate
the worthy from the unworthy as black from white.

Hsü Yu, Shu Ya, Pai Yang,[8] Tien Chieh of Ch`in,[9]
Ch`iao Ju of Lu,[10] Hu Pu-chi, Chung Ming, Tung Pu-shih,
Pien Sui, Wu Kuang, Po-i, and Shu-ch`i, all twelve men
were neither delighted at evident profits nor afraid of
impending disasters. Some of them, when given the rule
over All-under-Heaven, never took it. Some of them, afraid
of incurring humility and disgrace, never welcomed the
privilege of receiving bounties.[11] Indeed, not delighted at
evident profits, they could never be encouraged, though the
superior made rewards big; not afraid of impending disasters,
they could never be terrified, though the superior made
penalties severe. They were the so-called "disobedient
people".[12] Of these twelve men, some be dead in caves and
holes, some died of exhaustion among grass and trees, some
starved to death in mountains and ravines, and some drowned
themselves in streams and fountains. If there were people
like these, even sage-kings of antiquity could not subject


219

them. How much less would rulers of the present age be able
to employ them?

Kuan Lung-p`êng, Prince Pi Kan, Chi Liang of Sui, Hsieh
Yeh of Ch`ên, Pao Shên[13] of Ch`u, and Tzŭ-hsü of Wu, these
six men disputed straightly and expostulated bitterly with
their masters in order to overcome them. When their words
were listened to and their projects were carried out, then they
would assume the attitude of tutor towards pupil; when
even a word was not listened to and but one project was not
carried out, then they would humiliate their sovereigns with
offensive phraseology and threatening gestures. Even in the
face of death, the break-up of their families, the severing of
their waists and necks, and the separation of their hands and
feet, they had no hesitation in so doing. If ministers like
these could not be tolerated by the sage-kings of antiquity,
how could they be employed by rulers of the present age?

As regards T`ien Hêng of Ch`i, Tzŭ-han of Sung, Chi-sun
I-ju, Ch`iao Ju[14] of Lu, Tzŭ Nan Ching of Wei, Chancellor
Hsin of Chêng, Duke White of Ch`u, San Tu of Chou, and
Tzŭ-chih of Yen, these nine men, while ministers, all formed
juntas for self-seeking purposes in serving their rulers. In
obscuring the right way and thereby practising private
crookedness, in intimidating the rulers above and thereby
disturbing the government below, in securing foreign support
to bend the policy of internal administration, and in making
friends with the inferiors so as to plot against the superiors,


220

they had no hesitation. Ministers like these could be
suppressed only by sage-kings and wise sovereigns. Would
it be possible for stupid and outrageous rulers[15] to discover
them?

Hou Chi, Kao Yao, Yi Yin, Duke Tan of Chou, T`ai-kung
Wang, Kuan Chung, Hsi P`êng, Pai Li-hsi, Chien Shu,
Uncle Fan, Chao Shuai, Fan Li, High Official Chung, Fêng
Tung, Hua Têng, these fifteen men, while ministers, all
got up early in the morning and went to bed late at night,
humbled themselves and debased their bodies; they were,
cautious in mind and frank in intention, and clarified penal
actions and attended to official duties in serving their rulers.
When they presented good counsels to the Throne and
convinced their masters thoroughly of right laws, they dared
not boast of their own goodness. When they had achieved
merits and accomplished tasks, they dared not show off their
services. They made no hesitation in sacrificing their family
interests to benefit their countries and no hesitation in
sacrificing their lives to safeguard the sovereigns, holding
their sovereigns in as high esteem as high heaven and the
T`ai Mountain and regarding themselves as low as the deep
ravines and the Fu-yu[16] Stream. Though their sovereigns
had a distinguished name and a widespread fame in the
states, they had no hesitation in keeping themselves as low
as the deep ravines and the Fu-yu Stream. Ministers like
these, even under stupid and outrageous masters, could still
achieve meritorious service. How much more could they
do under brilliant sovereigns? Such are called "Assistants
to Hegemonic Rulers".[17]


221

Hua Chih of Chou, Kung-sun[18] Shên of Chêng, Kung-sun
Ning and Yi Hsing-fu of Ch`ên, Yü Yin Shên Hai of
Ching, Shao Shih of Sui, Chung Kan of Yüeh, Wang-sun
O of Wu, Yang-ch`êng Hsieh of Chin, Shu Tiao and Yi Ya
of Ch`i, these twelve[19] man, while ministers, all thought about
small profits and forgot legal justice. In public they kept
worthy and good personages in obscurity in order to delude
and befool their sovereigns; in private they disturbed all the
officials and caused them disasters and difficulties. When
serving their masters, they partook of the same tastes with
them to such an extent that if they could give one pleasure to
the sovereigns, they would have no hesitation in plunging
the states into ruin and putting the masses to death. Were
there ministers like these, even sage-kings would fear lest they
should be dismayed. How much less could stupid and
outrageous rulers avoid losses?

Whoever had ministers like these men, always was put to
death and his state driven to ruin, and has been ridiculed by
All-under-Heaven. Thus, Duke Wei of Chou was killed and
his state divided into two; Tzŭ-yang of Chêng was killed
and his state divided into three; Duke Ling of Ch`ên was
killed by Hsia Chêng-shu; King Ling of Ching died by the
Dry Brook; Sui was ruined by Ching; Wu was annexed by
Yüeh; Earl Chih was extinguished in the vicinity of Chin-yang;
while Duke Huan lay dead and unburied for sixty-seven[20]
days. Hence the saying: "Adulatory ministers are
known only by sage-kings." Outrageous sovereigns welcome


222

them. In consequence, they are killed and their states go to
ruin.

The same is not true of sage-kings and enlightened rulers.
When selecting able men for office, they mind neither relatives
nor enemies. Whoever is right is raised, whoever is wrong is
punished. Therefore, the worthy and good are advanced;
the vicious and wicked are dismissed. Naturally they can at
one effort bring all the feudal lords under submission. Thus
in ancient Records there is the saying: "Yao had Tan-chu,
Shun had Shang-chün, Ch`i had Five Princes, Shang had
T`ai-chia, and King Wu had Kuan and Ts`ai." Now, all these
men censured by the five rulers were related to them as father
and son, uncle and nephew, cousins, or brothers. But why
were their bodies broken and their families ruined? It was
because they were state-ruining, people-harming, and lawbreaking
men. Suppose we look at the personages the
five rulers appointed to office. They were found amidst
mountains, forests, jungles, swamps, rocks, and caves, or in
jails, chains, and bonds, or in the status of a cook, a cattle-breeder,
and a cowherd. Nevertheless, the intelligent
sovereigns, not ashamed of their low and humble origins,
considered them able to illustrate the law, benefit the state,
and prosper the people, and, accordingly, appointed them to
office. In consequence, they gained personal safety and
honourable reputation.

The ignoble sovereigns would act differently. Not
aware of the motives and actions of their ministers, they
entrusted them with state affairs. In consequence, their
names are debased and their territories dismembered; or,
what is worse, their states are ruined and they themselves are
killed. For they do not know how to employ ministers.


223

Rulers who have no measures to estimate their ministers,
always judge them on the basis of the sayings of the masses.
Whoever is praised by the masses, is liked. Therefore, those
who minister to rulers would even disrupt their families and
ruin their property to form factions inside and keep contact
with influential clans and thereby become known. When they
form secret promises and alliances and thereby strengthen
their positions, and when they deceptively reward[21] people
with ranks and bounties as encouragements, each of them
would say: "Whoever sides with me shall be benefited and
whoever does not side with me shall be damaged." The
masses, greedy of the gain and afraid of the threat, believe
that when really happy, they will benefit them, and when
really[22] angry, they will damage them, wherefore all turn and
stick to them. As a result, their fame spreads all over the
country and reaches the ear of the sovereigns. Unable to
understand the real situation, the sovereigns regard them as
worthies.

They also disguise deceitful men as favourite envoys from
the feudal lords and equip them with coaches and horses,
provide them with jade and bamboo tablets,[23] dignify them
with writs of appointment, and supply them with money
and silk. Thus, they make the false envoys from the feudal
lords beguile their sovereigns. With self-seeking motives in
mind the false envoys discuss public affairs. They pretend to
represent the sovereigns of other states, but in reality they
speak for the men around the sovereigns they are visiting.


224

Delighted at their words and convinced by their
phraseology, they regard these men as worthies in All-under
Heaven, the more so as everybody, whether in or out, right
or left,[24] makes only one kind of reputation for them and
repeats the same conversation about them. In consequence,
the sovereigns have no hesitation in lowering themselves
and their supreme status and thereby condescending to them
or at least benefiting them with high rank and big bounties.

Indeed, if the ranks and bounties of wicked men are
influential and their partisans and adherents are many, and
if besides, they have vicious and wicked motives, their wicked
subordinates will persuade them time and time again, saying:
"The so-called sage-rulers and enlightened kings of antiquity
succeeded their predecessors not as juniors succeeding seniors
in the natural order,[25] but because they had formed parties
and gathered influential clans and then molested their
superiors, murdered the rulers, and thereby sought after
advantage." "How do you know that?" they ask. In reply
the subordinates say: "Shun intimidated Yao, Yü intimidated
Shun, T`ang banished Chieh, and King Wu censured
Chow. These four rulers were ministers who murdered their
rulers, but All-under-Heaven have extolled them. The inner
hearts of these four rulers, if observed carefully, displayed
nothing but the motive of greediness and gain[26] ; their
actions, if estimated closely, were simply weapons of violence
and outrage. Nevertheless, while the four rulers were
extending their powers at their pleasure, All-under-Heaven


225

made much of them; while they were noising their names
abroad, All-under-Heaven regarded them as intelligent. In
consequence, their authority became sufficient to face Allunder-Heaven
and their advantages became sufficient to
challenge their age. Naturally All-under-Heaven followed
them."

"As witnessed by recent times," continue the crooks
further, "Viscount T`ien Chêng took Ch`i, Ssŭ-ch`êng Tzŭ-han
took Sung, Chancellor Hsin took Chêng, the San Clan
took Chou, Yi Ya[27] took Wei, and the three Viscounts of
Han, Chao, and Wey partitioned Chin. These eight men[28]
were ministers who murdered their rulers." Hearing this,
the wicked ministers would spring to their feet, prick up their
ears, and regard it as right. Accordingly, they will form
parties at home, develop friendly contact[29] with influential
clans outside, watch for the right moment to launch the turn
of affairs, and take the state at one stroke.

Again, those who intimidate and murder the rulers with
partisans and adherents at home and reform or alter their
states through the influences of the feudal lords outside, thus
concealing the right way and upholding private crookedness
so as to restrain the ruler above and obstruct the government
below, are innumerable. Why? It is because the ruler does
not know how to select ministers. The ancient Records
says: "Since the time of King Hsüan of Chou ruined states
number several tens and ministers who murdered their rulers
and took their states are many." If so, the calamities which
originated inside and those which developed from outside


226

were half and half. Those who had exerted the forces of the
masses, broke up the states, and sacrificed their lives, were all
worthy sovereigns; whereas those who overexerted themselves,[30]
changed their positions, saved the masses but
estranged[31] the states, were the most pitiful sovereigns.

If the lord of men[32] really penetrates the ministers' speeches,
then even though he spends all his time in hunting with nets
and stringed arrows, driving and riding around, playing bell
music, and, seeing girl dancers, his state will remain in existence;
whereas, if he does not penetrate the ministers' speeches,
then even though he is frugal and industrious, wears hemp
clothes, and eats poor food, the state will go to ruin of itself.

For example, Marquis Ching, an early Ruler of Chao,
never cultivated his virtuous conduct, but would give rein to
the satisfaction of desires and enjoy physical comforts and
auditory and visual pleasures. He spent winter days in
hunting with nets and stringed arrows and summer time in
boating and fishing. He would sometimes drink all night long,
sometimes even hold his wine cup for several days, pour wine
with bamboo ladles into the mouths of those who could not
drink, and behead anybody not prudent in advance and
retreat or not reverent in response and reply. Though
his way of living, acting, drinking, and eating, was so
unscrupulous and his way of censure and execution was so
reckless, yet he enjoyed ruling his state for more than ten
years,[33] during which period of time his soldiers were never


227

crushed by enemy states, nor was his land ever invaded by any
surrounding neighbour, nor was there any disorder between
ruler and minister or among the officials at home, nor was
there any worry about the feudal lords and the neighbouring
states, for he knew how to appoint ministers to office.

Contrary to this, Tzŭ-k`uai, Ruler of Yen, a descendant of
Duke Shih of Chao, ruled[34] over a territory several thousand li
square and had spear-carriers several hundred thousands in
number, and neither indulged in the pleasures of pretty girls,
nor listened to the music of bells and stones, nor cared for the
reflecting pool and the raised kiosk inside the palace, nor went
hunting with nets and stringed arrows in the fields outside.
Furthermore, he personally handled ploughs and hoes to rectify
the dikes and tracts of farms and fields. So extremely did
Tzŭ-k`uai distress himself in grieving at the people's sorrows
that even the so-called sage-kings and enlightened rulers of
antiquity who had themselves worked and grieved at the
sorrows of the world could not be compared with him.
However, Tzŭ-k`uai was killed; his state was lost to and
usurped by Tzŭ-chih; and he has become a laughing-stock
of All-under-Heaven. What was the reason[35] for this? It
was because he did not know how to appoint ministers to
office.

Hence the saying: "Ministers have five wickednesses,
which the sovereign does not know." Some would make
extravagant use of cash and goods as bribes for acquiring
honours; some would endeavour to bestow rewards and
favours for winning the hearts of the masses; some would
endeavour to form cliques, exert their wisdom, and honour


228

scholars, and thereby abuse their authority; some would
endeavour to pardon criminals and thereby increase their
influence; and some would follow the inferiors in praising
the straight and blaming the crooked and bewilder the people's
ears and eyes by virtue of strange phraseology, queer clothing,
and novel action. These five kinds of action are what the
intelligent rulers punish[36] and the sage-sovereigns forbid.
With these five kinds of action forbidden, deceitful men dare
not face the north and stand[37] and talk; and talkative but
impractical and law-breaking men dare not falsify facts and
thereby embellish their discussions. For this reason, the
officials in daily life will cultivate their personalities and in
action will exert their abilities. But for the superior's orders,
they will not dare to do anything as they please, utter
irresponsible words, and fabricate affairs. That is the way
the sage-kings superintend the ministers and the inferiors.

Indeed, if the sage-sovereigns and enlightened rulers do
not make[38] use of camouflage to watch their ministers, most
of their ministers will become double-faced at the sight of
camouflage. Hence the saying: "Among bastards some
children presume to be legitimate sons; among consorts some
concubines presume to be wives; in the court some officials
presume to be premiers; and among ministers the favourites
presume to be sovereigns." These four are dangers to the state.
Hence the saying: "The inner favourites compatible with
the queen, the outer favourites dividing the ruling prerogative,
the bastards rivalling the legitimate son, and the chief vassals
assuming the air of the sovereign, all lead to confusion."


229

Hence the Record of Chou says: "Do not exalt the concubine
and humble the wife. Do not debase the legitimate son and
exalt the bastard. Do not exalt any favourite subordinate as
rival to high officials. Do not exalt any chief vassal to assume
the majesty of his sovereign." If the four assumers collapse,
the superior will have no worry and the inferiors will have no
surprise.[39] If the four assumers do not collapse, the sovereign
will lose his life and ruin his state.

 
[1]

[OMITTED]. With Ku Kuang-ts`ê [OMITTED] reads [OMITTED]. The English rendering of
[OMITTED] by L. T. Chên is "Misgivings" (Liang, op. cit., p. 116, f. 1), which
is a serious mistake.

[2]

With Ku [OMITTED] below [OMITTED] is superfluous.

[3]

With Kao Hêng [OMITTED] means [OMITTED]
[OMITTED].

[4]

I propose the supply of [OMITTED] below [OMITTED]

[5]

With Kao Hêng [OMITTED] above [OMITTED] is superfluous.

[6]

[OMITTED] means "ministers who caused the states to go to ruin".

[7]

With Wang Hsien-shen [OMITTED] means [OMITTED].

[8]

With Ku Kuang-ts`ê [OMITTED] above [OMITTED] is superfluous.

[9]

With Yü Yüeh [OMITTED] is a mistake for [OMITTED].

[10]

With Yü Yüeh [OMITTED] is a mistake for [OMITTED].

[11]

[OMITTED] literally means "eating grains".

[12]

[OMITTED].

[13]

With Ku Kuang-ts`ê [OMITTED] should be [OMITTED] who was a minister to
King Wên of Ch`u and was famous for his bitter expostulation.

[14]

With Wang Hsien-shen [OMITTED] above [OMITTED] is superfluous. Ch`iao Ju was
Shu-sun Hsüan-pai of Lu.

[15]

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

[16]

With Wang [OMITTED] refers to [OMITTED], which traces its source to the
Yang-ch`êng Mountains.

[17]

[OMITTED].

[18]

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

[19]

The men enumerated number eleven instead of twelve. With Ku Kuangts`ê
there must be some hiatus among them.

[20]

With the Historical Records [OMITTED] should be supplied above [OMITTED].

[21]

With Ku Kuang-ts`ê [OMITTED] above [OMITTED] is superfluous.

[22]

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

[23]

[OMITTED]. In ancient China credentials carried by envoys and messengers
were made of [OMITTED] "jade tablets" or [OMITTED] "bamboo tablets".

[24]

With Lu Wên-shao [OMITTED] above [OMITTED] is superfluous.

[25]

With Ku Kuang-ts`ê [OMITTED] below [OMITTED] is superfluous and [OMITTED] above [OMITTED]
should be [OMITTED].

[26]

With Ku [OMITTED] below [OMITTED] is superfluous.

[27]

How Yi Ya took Wei, is not known.

[28]

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

[29]

With Wang [OMITTED] should be [OMITTED].

[30]

With Yü Yüeh [OMITTED] below [OMITTED] is superfluous.

[31]

With Yü [OMITTED] should be [OMITTED].

[32]

With Wang Hsien-shen the Ch`ien-tao edition has [OMITTED] in place of [OMITTED].

[33]

I propose [OMITTED] for [OMITTED] because according to the Historical
Records
Marquis Ching was on the throne only for twelve years.

[34]

With Kao Hêng [OMITTED] reads [OMITTED] which means [OMITTED].

[35]

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

[36]

With Ku Kuang-ts`ê [OMITTED] reads [OMITTED]. To me [OMITTED] here refers to [OMITTED].

[37]

With Wang Hsien-ch`ien [OMITTED] should be [OMITTED].

[38]

Wang Hsien-shen proposed [OMITTED] for [OMITTED].

[39]

[OMITTED] means, according to Wang Hsien-shen, that the
ruler does not have to make use of camouflage to watch his ministers while
the ministers do not have to fabricate facts to embellish their discussions.

Chapter XLV

ABSURD ENCOURAGEMENTS[1]

Means the sage employs to lead to political order are three.
The first is said to be profit; the second, authority; and the
third, fame. Profit is the means whereby the people's hearts
are won; authority is the means whereby to enforce orders;
fame is the common way linking superior and inferior.
Nothing other than these three is so needful to government.

In these days, there is no lack of profit, but the people are
not won over to the superior's wishes; there is no absence
of authority, but the inferiors do not obey decrees; and
there is no absence of laws among the officials, but government
does not correspond to fame. In short, though the
three means are not out of existence, yet order and chaos in
the world follow on each other's heels. Why is this?


230

Indeed, what the superior values is often contrary to the
purpose of government. For instance, to institute names and
titles is to embody honours; but those who look down upon
fame and make light of facts, the world calls advanced.
Again, to institute ranks and grades is to establish the basal
scale of high and low; but those who slight the superior and
never petition for audience, the world calls worthy. Again,
authority and profit are means to enforce orders; but those
who desire no profit and disregard all authority, the world
calls dignified. Again, laws and decrees are means to attain
political order; but those who obey neither laws nor decrees
but pursue their own good, the world calls loyal. Again,
office and rank are means to encourage people; but those
who like fame but want no office, the world calls heroic
patriots. Finally, punishments are means to solidify
authority; but those who make light of law, and award
neither penalty nor slaughter, the world calls fearless. If the
people seek fame more urgently than they look for profit,
small wonder scholars who are starving and destitute would
even dwell in rocky caves and torture themselves purposely
to fight for a name in the world.

Therefore, the cause of disorder in the world is not the
inferior's fault but the superior's loss of Tao. As the superior
always values the way to chaos and despises the way to order,
the ideal of the inferiors is always contrary to the purpose of
the superior's government.

Now, the inferiors' obedience to the superior is what the
superior urgently needs. However, those who are generous,
sincere, genuine, and faithful, and active in mind but timid in
speech, are called spiritless; those who follow laws firmly and
obey orders fully, are called stupid; those who revere the


231

superior and fear punishment, are called cowardly; those
who speak on the right occasions and act in the proper
manner are called unworthy; and those who are not double-faced
and engaged in private studies[2] but listen to magistrates
and conform to public instructions, are called vulgar. Those
who are hard to employ, are called righteous; those who are
hard to reward, are called clean-handed; and those who are
hard to rule, are called heroic; those who do not obey
decrees, are called courageous; those who render no profit
to the superior, are called straightforward; and those who
extend kindnesses and bestow favours, are called benevolent.
Those who are self-assertive and arrogant, are called elders;
those who pursue private studies and form juntas, are called
tutors and pupils; those who lead a tranquil and complacent
life, are called considerate; those who betray their fellow
men and grab advantages, are called smart; those who are
crafty, deceitful,[3] and fickle,[4] are called wise; those who act
for others first and for themselves later, coin terms and invent
words, and assume to love All-under-Heaven, are called
sages; those who speak on big subjects and talk about
fundamental but impracticable principles, and act contrary to
the beaten track of the world, are called great men; and those
who despise ranks and bounties and do not yield to the
superior's opinions are called excellent.

The inferiors, acting in such wicked[5] ways, would disturb
the people in private and do no good when in office. The


232

superior, who ought to suppress their desires and constantly
uproot their motives, lets them go and honours their deeds.
This is to attain political order by teaching the inferiors how
to violate the superior.

In general, what the superior administers, is penal infliction,
but people doing favours in private are honoured. The Altar
of the Spirits of Land and Grain can stand because of national
safety and tranquillity, but deceitful, crafty, slanderous, and
flattering people are appointed to office. Everybody under
the jurisdiction of the state obeys orders because of trust and
justice, but people exerting their wisdom to upset the present
regime are employed. Orders prevail widely and authority
stands well because of the inferiors' prudence and alertness to
obey the superior, but men living in rocky caves and cursing
the world are celebrated. Public storehouses and granaries
are full because of the people's devotion to the primary duties
of tilling and farming, but men engaged in such secondary
callings as weaving twilled cloth, embroidering and knitting
clothes in gold and silver, and engraving and drawing, are
enriched. Reputation is accomplished and territory[6] is
extended because of the warrior's services, but in these days
war orphans go hungry, starving, and begging in the streets,
while relatives of actors, harlots, and drinkers, ride in
carriages and wear silk. Rewards and bounties are meant to
exert the people's forces and risk their lives, but in these days
warriors winning in warfare and taking in attack, work hard
but are not properly rewarded, while diviners, palmists, and
swindlers,[7] playing with compliant words before the Throne,
receive gifts every day.


233

The superior holds scales and measures in his hands in
order to have the power over everybody's life in his grip,
but nowadays men who obey scales and observe measures,
though anxious to exert the spirit of loyalty to serve the
superior, cannot have an audience, while those who utter
artful words and flattering phrases, play villainous tricks,
and by lucky chance rise in the world, frequently attend on
the Throne. To abide by law, talk straight, keep fame equal
to norm, and censure the culprit according to the inked
string, is to promote order on behalf of the superior, but
people so doing are estranged while adulatory and heretical[8]
men, obeying the opinions and following the desires of
the superior and thereby endangering the world, become
courtiers. To exact taxes and revenues and concentrate the
people's forces is to provide against eventualities and fill up
the public storehouses and the state treasury, but officers and
soldiers who desert their posts, hide themselves, find shelter
in the residences of powerful men, and thereby evade taxation
and military service, but whom the superior fails to catch,
number tens of thousands.

Indeed, to parade good fields and pretty residences is to
encourage warriors to fight, but men resolved to have their
heads cut off, abdomens torn open, and bones exposed in
wildernesses,[9] though they may lose their lives this way, have
neither shelter nor estates[10] , while persons whose daughters
and sisters are attractive and chief vassals and attendants


234

who render the country no distinguished services, receive
residences of their own choice and live on fields selected by
themselves. Rewards and profits issue solely from the
superior purposely to control the inferiors with success, but
warriors and armed officers get no post while men idling their
time away are honoured and celebrated. Now that the
superior takes these practices for the ways of civic education,
how can his name escape degradation and how can his position
escape dangers?

Indeed, when the superior's name is degraded and his
position endangered, it is always because the inferiors are not
obedient to laws and orders, double-faced, pursuing private
studies,[11] and acting against the world. Yet if their actions
are not forbidden, their gangs are not dissolved, and their partisans
are not thereby dispersed, but they are honoured instead,
it is the fault of the authorities in charge of state affairs.

The superior sets up the principles of integrity and bashfulness
for the purpose of encouraging[12] the inferiors, whereas
gentry and officials of to-day are not ashamed of dirty mud
and ugly insults, but under the influence of daughters and
sisters married to powerful men and of private friends they
take up office with no need of following the proper order.

Prizes and gifts are meant to exalt men of merit, but men
having given distinguished service in warfare remain poor and
humble while flatterers and actors rise above their due grades,
names, and titles. Sincerity and faith are meant to manifest
authority, but the sovereign is deluded by courtiers; ladies and
interviewers proceed in parallel; officials administer the


235

bestowal of ranks and change the personnel as they please. This
is the fault of the authorities in charge of state affairs. If chief
vassals appoint people to office by intriguing with the subordinates
beforehand and then play into each other's hands,
and, though against the law, they extend their influence and
benefits among their subordinates, then the sovereign will
become powerless and the chief vassals will become influential.

Indeed, the purpose of enacting laws and decrees is to
abolish selfishness. Once laws and decrees prevail, the way
of selfishness collapses. Selfishness disturbs the law. Nevertheless,
scholars, who, being double-faced, pursue private
studies, dwell in rocky caves, hide themselves by the roadside,
and pretend to profound thought, denounce the world
in general and beguile the inferiors in particular. Instead of
suppressing them, the superior honours them with titles and
provides them with actual support. Thereby men of no
merit are celebrated and men doing no service are enriched.
If so, scholars who are double-faced and are pursuing private
studies, will pretend to profound thought, endeavour to
learn intrigues, denounce laws and decrees, and thereby
elaborate opposite views to the course of the age.

In general, whoever disturbs the superior and acts contrary
to the age, is always a scholar having a double-face and
pursuing private studies. Therefore, in my main discourse I
say: "The cause of order is law, the cause of chaos is
selfishness. Once law is enacted, no selfish act can be done."
Hence the saying: "Whoever tolerates selfishness finds
chaos, whoever upholds law finds order." If the superior
misses the right way, astute men will use selfish phraseology
and worthies will cherish selfish motives, principals will
bestow selfish favours, and subordinates will pursue selfish


236

desires. When worthy and astute men form juntas, coin
terms, manipulate phrases, and thereby denounce laws and
decrees[13] before the superior, if the superior, instead of
stopping and debarring them, honours them, it is to teach the
inferiors neither to follow the superior nor to obey the law.
For this reason, worthies cultivate their fame and live
comfortably and wicked men count on rewards and accumulate
wealth. Because the worthies live comfortably by
cultivating their fame and wicked men accumulate wealth
by counting on rewards, the superior is unable to subdue the
inferiors.

 
[1]

[OMITTED].

[2]

[OMITTED]. By "private studies" Han Fei Tzŭ means studies in any subject
not directly allied with Politics and Jurisprudence.

[3]

With Kao Hêng [OMITTED] below [OMITTED] reads [OMITTED] which means [OMITTED].

[4]

With Wang Hsien-shen [OMITTED] above [OMITTED] is superfluous.

[5]

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

[6]

With Ku Kuang-ts`ê [OMITTED] should be [OMITTED], and with Yü Yüeh [OMITTED] above it
is superfluous.

[7]

With Yü [OMITTED] should be [OMITTED].

[8]

With Kao Hêng [OMITTED] below [OMITTED] stands for [OMITTED] which means "to walk out
of the straight path".

[9]

With Ku Kuang-ts`ê [OMITTED] before [OMITTED] is superfluous.

[10]

With Kao Hêng [OMITTED] should be [OMITTED]
[OMITTED].

[11]

With Lu Wên-shao [OMITTED] above [OMITTED] is superfluous.

[12]

With Wang Nien-sun [OMITTED] is a mistake for [OMITTED].

[13]

[OMITTED] below [OMITTED] should be [OMITTED].