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The complete works of Han Fei tzu

... a classic of Chinese political science.
  
  
  
  

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 XXXVI. 
 XXXVII. 
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 XXXVIII. 
 XXXIX. 
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 XL. 
 XLI. 
 XLII. 
 XLIII. 
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 XLV. 
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 XLVI. 
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 XLIX. 
 L. 
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 LI. 
 LII. 
 LIII. 
Chapter LIII
 LIV. 
 LV. 

  

Chapter LIII

MAKING ORDERS TRIM[1]

If orders are made trim, laws never deviate;[2] if laws are
equable, there will be no culprit among the officials. Once
the law is fixed, nobody can damage[3] it by means of virtuous
words. If men of merit are appointed to office, the people
will have little to say; if men of virtue are appointed to office
the people will have much to talk about. The enforcement of
laws depends[4] upon the method of judicial administration.


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Who administers judicial affairs with the ease of making a
distance of five li[5] , attains supremacy; who administers
judicial affairs with the effort of making nine li, attains mere
strength. Whoever procrastinates in creating order, will see
his state dismembered.

Govern by penalties;[6] wage war by rewards; and enlarge
the bounties so as to put the principles of statecraft into
practice. If so, there will be no wicked people in the state
nor will there be any wicked trade at the market. If things
are many and trifles are numerous, and if farming is relaxed
and villainy prevails, the state will certainly be dismembered.

If the people have a surplus of food, make them receive
rank by giving grain to the state. If only through their own
effort they can receive rank,[7] then farmers[8] will not idle.

If a tube three inches long has no bottom, it can never be
filled. Conferring office and rank or granting profit and
bounty without reference to merit, is like a tube having
no bottom.

If the state confers office and bestows rank, it can
be said to devise plans with complete[9] wisdom and wage war
with complete courage. Such a state will find a rival. Again,
if the state confers office and bestows rank according to
merit, then rules[10] will be simplified and opponents barred;


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this can be said to abolish government by means of
government, abolish words by means of words, and bestow
rank according to merit.[11] Therefore the state will have much
strength and none else in All-under-Heaven will dare to
invade it. When its soldiers march out, they will take the
objective and, having taken it, will certainly be able to hold
it. When it keeps its soldiers in reserve and does not attack,
it will certainly become rich.[12]

The affairs of the government, however small, should
never be abandoned. For instance, office and rank are always
obtained according to the acquired merit; though there
may be flattering words, it will be impossible thereby to make
any interference in the state affairs. This is said to be
"government by figures."[13] For instance, in attacking with
force, ten points are taken for every point given out; but
in attacking with words, one hundred are lost for every one
marched out. If a state is fond of force, it is called hard to
attack; if a state is fond of words, it is called easy to attack.

If the ability of the official is equal to his post,[14] if his duty
is lightened and he never reserves[15] any surplus energy in
mind, and if he does not shift any responsibility of additional
offices[16] back to the ruler, then there will be no hidden
grudge inside. If the intelligent ruler makes the state affairs


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never mutually interfere,[17] there will be no dispute; if he
allows no official to hold any kind of additional post, everybody
will develop his talent or skill; and if he allows no two
persons to share the same meritorious achievement, there
will be no quarrel.[18]

If penalties are heavy and rewards are few, it means that
the superior loves the people, wherefore the people will die
for rewards. If rewards are many and penalties are light,
it means that the superior does not love the people, wherefore
the people will never die for rewards.

If the profit issues from one outlet[19] only, the state will
have no rival; if it issues from two outlets, its soldiers
will be half useful; and if the profit comes from ten outlets,
the people will not observe the law. If heavy penalties are
clear and if the people are always well disciplined and then if
men are engaged in case of emergency, the superior will have
all the advantage.

In inflicting penalties light offences ahould be punished
severely; if light offences do not appear, heavy offences will
not come. This is said to be to abolish penalties by means of
penalties. And the state will certainly become strong.[20] If crimes
are serious but penalties are light, light penalties breed further
troubles. This is said to create penalties through penalties,
and such a state will infallibly be dismembered.

 
[1]

[OMITTED]. This work is in many points identical with Lord Shang's
"Making Orders Strict". Duyvendak's translation has furnished its rendering
with helpful reference (Cf. The Book of Lord Shang, Par. 13, pp. 252-259).

[2]

The Book of Lord Shang has [OMITTED] in place of [OMITTED].

[3]

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

[4]

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

[5]

Duyvendak was wrong in taking [OMITTED] here for "hamlet".

[6]

Throughout his translation of The Book of Lord Shang Duyvendak made
no distinction between [OMITTED] and [OMITTED]. Generally speaking, [OMITTED] refers to the
implements of punishment while [OMITTED] refers to the act of applying penal
implements.

[7]

Wang Hsien-shen proposed the repetition of [OMITTED].

[8]

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

[9]

Ku read [OMITTED] for [OMITTED].

[10]

With Ku [OMITTED] should be [OMITTED].

[11]

Following this there is missing a long passage which is found in The Book
of Lord Shang.

[12]

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

[13]

Duyvendak's translation reads "government by statistics". Though [OMITTED]
here refers to such techniques of political control as involve both mathematical
certainty in nature and mechanical efficiency in function, "figures" seems
to me more proper than "statistics".

[14]

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

[15]

With Ku [OMITTED] should be [OMITTED].

[16]

With Ku [OMITTED] should be [OMITTED].

[17]

With Ku [OMITTED] should be [OMITTED].

[18]

As remarked by Wang Wei, the whole paragraph should be collated
with Work XXVII (Supra, p. 269 et. seq.) and rectified with it as was done by
Ku Kuang-ts`ê. According to Ku [OMITTED] below [OMITTED]
is superfluous.

[19]

Ku read [OMITTED] for [OMITTED].

[20]

Wang Hsien-shen proposed the supply of [OMITTED] below [OMITTED]
[OMITTED].