Regulating Allotments制分
夫凡國博君尊者,未嘗非法重而可以至乎令行禁止於天下者也。是以君人者分爵制祿,則法必嚴以重之。夫國治則民安,事亂則邦危。法重者得人情,禁輕者失事實。且夫死力者,民之所有者也,情莫不出其死力以致其所欲;而好惡者,上之所制也,民者好利祿而惡刑罰。上掌好惡以御民力,事實不宜失矣,然而禁輕事失者,刑賞失也。其治民不秉法爲善也,如是,則是無法也。
In general, that a state is broad and its ruler honored has never been anything other than that its law was weighty, so that it could reach the point where commands were carried out and what was forbidden stopped throughout the world. For this reason, when one who stands above men divides ranks and apportions salaries, he must make the law stern and make it weighty. Now when the state is in order the people are at peace; when affairs are in disorder the country is in danger. One whose law is weighty gains the feelings of men; one whose forbidding is light loses the substance of affairs. Further, strength unto death is what the people have, and by their feelings there is none who does not put out that strength unto death to reach what he wants; while liking and hating are what the one above controls, and the people like profitable salary and hate punishment. If the one above holds liking and hating and drives the strength of the people with them, it ought to be that the substance of affairs is not lost; and yet forbidding is light and affairs are lost, and this is because punishment and reward have gone wrong. In governing the people he does not grasp the law and make that his good; and if it is like this, then this is having no law.
故治亂之理,宜務分刑賞爲急。治國者莫不有法,然而有存有亡;亡者,其制刑賞不分也。治國者,其刑賞莫不有分:有持異以爲分,不可謂分;至於察君之分,獨分也。是以其民重法而畏禁,願毋抵罪而不敢胥賞。故曰:不待刑賞而民從事矣。
So in the principle of order and disorder, one ought to hold it urgent to work at the dividing of punishment and reward. Among those who govern a state there is none without law, and yet some states remain and some perish; those that perish are the ones whose apportioning of punishment and reward is not divided. Among those who govern a state there is none whose punishment and reward have no division; but to hold to what differs and make that the division cannot be called division. When it comes to the division of a discerning ruler, his alone is division. For this reason his people hold the law weighty and fear what is forbidden; they wish not to fall into crime, and they do not dare to wait for reward. So it is said: without waiting for punishment and reward, the people go about their work.
是故夫至治之國,善以止姦爲務。是何也?其法通乎人情,關乎治理也。然則去微姦之道奈何?其務令之相規其情者也。則使相闚奈何?曰:蓋理相坐而已。禁尚有連於己者,理不得不相闚,惟恐不得免。有姦心者不令得忘,闚者多也。如此,則慎己而闚彼,發姦之密。告過者免罪受賞,失姦者必誅連刑。如此,則姦類發矣。姦不容細,私告任坐使然也。
For this reason a state of the highest order makes it its business to stop wickedness. Why is this? Because its law runs through the feelings of men and hangs upon the principle of governing. Then what is the way to get rid of small wickedness? It is to work at making them watch one another's true state. Then how are they made to spy on one another? It is said: in general, by making them liable for one another, and nothing more. When what is forbidden still reaches to oneself, by this principle they cannot but spy on one another, fearing only that they will not get free. That one who has a wicked heart is not let forget it is because those who spy are many. If it is like this, then each is careful of himself and spies on the other, and the uncovering of wickedness grows close-meshed. One who reports a fault is freed of his crime and receives reward; one who lets wickedness slip by is surely cut down and is made liable with him. If it is like this, then the wicked sort are brought to light. That not even a small wickedness is allowed is because private reporting and imposed liability have made it so.
夫治法之至明者,任數不任人。是以有術之國,不用譽則毋適,境内必治,任數也。亡國使兵公行乎其地,而弗能圉禁者,任人而無數也。自攻者人也,攻人者數也,故有術之國去言而任法。
Now one whose governing by law is of the highest clarity trusts to number and does not trust to men. For this reason a state that has the art does not use praise, and yet there is nothing to stand against it, and within its borders there is sure to be order, because it trusts to number. In a state that is perishing, soldiers walk at will over its ground and it cannot ward them off or forbid them, because it trusts to men and has no number. What attacks itself is men; what attacks others is number. So a state that has the art puts words aside and trusts to the law.
凡畸功之循約者難知,過刑之於言者難見也,是以刑賞惑乎貳。所謂循約難知者,姦功也;臣過之難見者,失根也。循理不見虚功,度情詭乎姦根,則二者安得無兩失也?是以虚士立名於内,而談者爲畧於外,故愚、怯、勇、慧相連而以虚道屬俗而容乎世。故其法不用,而刑罰不加乎僇人。如此,則刑賞安得不容其二?實故有所至,而理失其量,量之失,非法使然也,法定而任慧也。釋法而任慧者,則受事者安得其務?務不與事相得,則法安得無失,而刑安得無煩?是以賞罰擾亂,邦道差誤,刑賞之不分白也。
In general, a lopsided merit that has followed the agreement is hard to know, and a mistaken punishment that hangs upon words is hard to see; for this reason punishment and reward are led astray between the two. What is called following the agreement and being hard to know is wicked merit; what is called a minister's fault being hard to see is the losing of the root. Follow the principle and empty merit is not seen; measure the feelings and one runs contrary to the root of wickedness. Then how can the two of them avoid both being lost? For this reason empty scholars set up their names within, and talkers work their schemes without, so that the foolish, the timid, the brave and the clever are joined to one another and, by an empty way, attach themselves to the common run and are allowed in the world. So his law is not used, and punishment is not laid on the man who ought to be killed. If it is like this, then how can punishment and reward avoid allowing these two? The substance does have a place it reaches, and yet the principle loses its measure; and the losing of the measure is not something the law made so, but comes of the law being fixed and cleverness being trusted to. If he lets go the law and trusts to cleverness, how can the one who receives a task get at what he should work at? When his working does not match the affair, how can the law avoid going wrong, and how can punishment avoid becoming troublesome? For this reason reward and punishment are shaken into disorder and the way of the country goes astray, because punishment and reward are not divided white from black.