Settling the Law定法

The questioner said, "Shen Buhai and Gongsun Yang: of the words of these two houses, which is the more urgent for a state?"

The answer was, "These cannot be measured against each other. If a man does not eat, in ten days he dies; and in the height of a great cold, if he does not clothe himself he dies as well. Ask which is the more urgent to a man, clothing or food, and neither of them can be lacking, for both are tools for nurturing life. Now Shen Buhai spoke of method and Gongsun Yang made law. Method is granting office according to what a man is charged with, holding the substance answerable to the name, gripping the handle of death and life, and rating the ability of the body of ministers. This is what the lord of men holds. Law is making the statutes plain in the offices, making punishment certain in the hearts of the people, keeping reward for those who are careful of the law, and laying penalty on those who break the commands by cunning. This is what the ministers take for their teacher. If the ruler has no method he is screened above; if the ministers have no law there is disorder below. Neither of these can be lacking, for both are the tools of emperors and kings."

The questioner said, "Why will it not do to have method alone without law, or law alone without method?"

The answer was, "Shen Buhai was the helper of Marquis Zhao of Han. Han was a state split off from Jin. The old laws of Jin had not ceased when the new laws of Han sprang up as well, and the commands of the former ruler had not been gathered in when the commands of the later ruler came down as well. Shen Buhai did not make his law the only one and did not make his statutes one, and so there was much cunning. Therefore when the benefit lay in the old law and the earlier command, they spoke for that; when the benefit lay in the new law and the later command, they spoke for that; and when the benefit lay in old and new running against each other and earlier and later crossing each other, then though Shen Buhai made Marquis Zhao use method ten times over, the cunning ministers still had room to twist their words. So though he leaned on the strength of Han with its ten thousand chariots, in seventeen years he did not reach the place of hegemon and king. Method was used above, but this was the affliction of the law not being diligently polished in the offices. When Gongsun Yang governed Qin, he set up informing and joint liability and held men answerable for the substance, he linked households by tens and by fives and made their guilt shared, his rewards were thick and trustworthy, and his punishments heavy and certain. For this reason his people worked with their strength and labored without rest, and chased the enemy into danger without falling back, so the state grew rich and the army strong. Yet he had no method by which to know cunning, and so with that wealth and strength he only supplied the ministers with means. When Duke Xiao and Lord Shang died and King Hui ascended the throne, the laws of Qin had not broken down, and yet Zhang Yi gave Qin over to Han and Wei. When King Hui died and King Wu ascended the throne, Gan Mao gave Qin over to Zhou. When King Wu died and King Zhaoxiang ascended the throne, Marquis Rang passed over Han and Wei and struck Qi in the east; in five years Qin did not add a foot of land, and he walled his own fief at the town of Tao. Marquis Ying attacked Han for eight years and made his own fief at Runan. From then on, those who were used in Qin were all of the sort of Marquis Ying and Marquis Rang. So when the fighting was won the great ministers rose higher, and when land was added private fiefs were set up, because the ruler had no method by which to know cunning. Though Lord Shang polished his law ten times over, the ministers turned it about and used its means. So it rode the means of a strong Qin for some tens of years and did not reach the place of emperor and king. The law was diligently polished in the offices, but this was the affliction of the ruler having no method above."

The questioner said, "If the ruler uses the method of Master Shen and the offices carry out the law of Lord Shang, will that do?"

The answer was, "Master Shen did not exhaust method, and Lord Shang did not exhaust law. Master Shen said, 'Governing does not overstep one's office, and though a man knows, he does not speak.' To call it keeping to one's charge that the law does not overstep one's office is well enough; but to know and not to speak cannot be called no fault. The lord of men sees with the eyes of a whole state, so nothing is clearer than his seeing; he listens with the ears of a whole state, so nothing is keener than his hearing. Now if a man knows and does not speak, what is left for the lord of men to borrow? The law of Lord Shang says, 'He who cuts off one head is given one degree of rank, and if he wishes for office he is given an office of fifty piculs; he who cuts off two heads is given two degrees of rank, and if he wishes for office he is given an office of a hundred piculs.' The advance in office and rank matches the merit of cutting off heads. Now if there were a law saying, 'Let those who cut off heads be made physicians and carpenters,' then houses would not be finished and sicknesses would not be healed. A carpenter is skilled with his hands and a physician prepares medicines, and to have this done by the merit of cutting off heads does not match their ability. Now governing an office is a matter of wisdom and ability, and cutting off a head is a thing done by courage and strength. To govern the office of wisdom and ability by what is done with courage and strength is to make physicians and carpenters by the merit of cutting off heads. So it is said that in law and in method neither of these two men was yet wholly good."