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Essays
by Han Fei
Nothing is more valuable than the royal person,
more honorable than the throne, more powerful than
the authority of the sovereign, and more august
than the position of the ruler. These four
excellences are not obtained from outside, nor
secured from anybody else, but are deliberated in
the ruler's own mind and acquired thereby.... This
the ruler of men must keep firmly in mind.
Master Shen [i.e. Shen Tao, 4th century]
said, 'A flying dragon rides the winds, a floating
serpent wanders through the mist on the water; but
when the clouds disperse and the mist is gone, a
dragon and a serpent are no different from a
cricket or an ant. They have lost what they
depended on. Thus the reason why a man of worth may
be overpowered by a worthless one is that the able
man's power is weak and his position humble. And
the reason why a worthless man submits to a man of
worth is that the able man's power is strong and
his position high. Yao [the Sage-king] as a
common man could not have governed three people,
whilst Chieh [the villain-king] as Son of
Heaven could bring the whole of society into
confusion. Thus I know that authority and position
are to be trusted, ability and wisdom are not
particularly desirable.... It was when Yao ascended
the throne and was kind over the Great Society that
what he commanded was done, what he banned was not
done. From this angle I see that worth and wisdom
are not enough to subdue a population whilst
authority and position are enough to overpower men
of worth.'
To this the reply is made, 'In the case of a
dragon...riding the clouds, I do not regard the
dragon as not depending on the clouds.... None the
less, if worth is discarded and reliance put solely
on authority, is it enough to produce good
government? If it is, I have never seen it. There
is something which goes along with the particular
prestige of clouds and makes the dragon able to
ride them...; and this something is the dragon's or
the serpent's, special quality.... However thick
the clouds and mist might be, the quality of the
cricket or the ants is not up to the mark. In the
case of a Chieh, seated on the throne and using the
majesty of the son of Heaven as clouds and mist,
society nevertheless cannot escape great confusion;
and this because a Chieh's quality is inadequate.
What is more, supposing a sovereign using the
authority of a Yao to govern the Great Society, how
different that authority is from the kind which
makes confusion!... The sovereigns who use their
authority to make confusion are many, those who use
their authority to make order are few....'
***
No country is permanently strong, nor is any
country permanently weak. If conformers to law are
strong, the country is strong; if conformers to law
are weak, the country is weak.... Any ruler able to
expel private crookedness and uphold public law
finds the people become law-abiding and the state
ordered; and any ruler able to eradicate
individualistic action and act on public law finds
his army become strong and his enemy weak. So, find
out men who follow the discipline of laws and
regulations, and place them above the body of
officials. Then the sovereign cannot be deceived by
anybody with fraud and falsehood....
Now supposing promotions were made because of
mere reputation, then ministers would be estranged
from the sovereign and all officials would
associate for treasonable purposes. Supposing
officials were appointed on account of their
partisanship, then the people would strive to
cultivate friendships and never seek employment in
accordance with the law. Thus, with the government
lacking able men, the state will fall into
confusion. If rewards are bestowed according to
mere reputation, and punishments are inflicted
according to mere defamation, then men who love
rewards and hate punishments will discard public
law and practice self-seeking tricks and associate
for rebellious purposes.... Therefore, the
intelligent sovereign makes the law select men, and
makes no arbitrary regulation himself. In
consequence able men cannot be obscured, bad
characters cannot be disguised, falsely praised
fellows cannot be advanced, wrongly defamed people
cannot be degraded. In consequence the distinction
between the ruler and minister becomes clear and
order is attained....
Hence to govern the state by law is to praise
the right and blame the wrong. The law does not
fawn on the noble, (just as) an inked string does
not follow a crooked line. Whatever the law applies
to, the wise cannot reject it nor the brave defy
it. Punishment for fault never skips ministers, and
reward for good never misses commoners. Therefore
for correcting the faults of the high, for rebuking
the vices of the low, for suppressing disorders,
for deciding against mistakes, for subduing the
arrogant, for straightening the crooked, and for
unifying the folkways of the masses, nothing can
match with the law: for warning officials and
overawing the people, for rebuking obscenity and
danger and for forbidding falsehood and deceit,
nothing can match with penalties. If they are
strictly administered, no discrimination is made
between noble and commoner. If the law is definite,
superiors are esteemed and not flouted. If
superiors are not flouted, the sovereign will
become strong and able to maintain the proper
course of government. This was the reason why the
early kinds esteemed legalism and handed it down to
posterity.
Excerpted from Chinese
Philosophy in Classical Times.
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