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Translation and appreciation of Han Feizi's No.43 prescription
Fixed article 43

Notes on the title or background of a book.

This paper is called "fixed method", in fact, "skill" is also included. Through the analysis of the harmfulness of the two senior magicians, Shenzi and Shang Yang, the indispensable ideas of the two kinds of spells are displayed. From this, we can see the origin of Han Fei's thought and the creative development of legalist thought in Han Fei's hands.

original text

The questioner said, "Shen Buhai and Gongsun Yang, which of these two families is in a hurry for the country?" Answer: "Yes, it is impossible [1]. People die in ten days if they don't eat; During the severe cold, you will die without clothes. It is said that food and clothing are eager for people, but it is impossible to have nothing and have medical care. Today, Shen Buhai talks about art and Gong Sunyang talks about law. The performer, as an official, is responsible from the name, holds the handle of killing, and teaches the officer. What this man has done is also a fact. For those who amend the law, the Constitution orders the government that the punishment must be in the hearts of the people, while the reward depends on the prudence of the law, and the punishment is also imposed on those who commit rape. The teacher of this minister also [2]. If you have no skills, it will be harmful to you. If you can't, it will be chaotic. It can't be nothing. They are all tools of the emperor. "

To annotate ...

[1] process: measurement. [2] Teacher: Imitation learning.

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The questioner said, "Which of these two theories is urgently needed by the country, Shen Buhai or Gongsun Yang?" The answer is: "This is immeasurable. People will starve to death if they don't eat for ten days; If it's freezing, clothes will die. To say which is more urgent for people, clothes and food should be indispensable. They are all necessary to sustain life. Now Shen Buhai advocates art and Gong Sunyang advocates law. Art, that is, according to everyone's ability to grant official positions, according to the actual effect of duties, master the power of life and death, and assess the talents of officials at all levels. This is what the monarch needs to master. Law means that the law is promulgated by the government, and the reward and punishment system must be implemented in the hearts of the people, rewarding those who strictly abide by the law and punishing those who violate the ban. This is what courtiers should follow. If the monarch doesn't master art, he will cheat from above, and if the courtiers don't have laws, they will make trouble from below. Both law and art are indispensable, and both are essential for the emperor to govern the country. "

original text

The questioner said, "What's wrong with learning without skills?" He said: "Shen Buhai is Han Zhaohou's assistant. Koreans, another country of Kim [1]. The laws of Jin did not rest, while the new laws of South Korea were born. The first monarch's order was not received, and then the monarch's order was issued. If Shen Buhai is not good at his laws and does not obey his constitutional orders, there will be many traitors. Therefore, it is beneficial to make it before the old law, after the new law, after the new law, and to distinguish between the old and the new. Although Shen Buhai made the marquis of Zhao by a trick, the treacherous court official still scoffed at his words [2]. Therefore, those who rely on the power of success and fail to be king for 70 years, although applied in practice, are not diligent in the troubles of decoration officials [3]. Gong Sunyang ruled the State of Qin and made a complaint and took responsibility for it. In fact, even Wu committed the same crime, and the punishment was heavy and necessary [4]. It is because its people work hard, never stop, and pursue the danger of the enemy, so its country is rich and strong; But if you don't have the ability to know a traitor, it is only because of its wealth and power that it is also a minister. And filial piety, Shang Jun died, Hui Wang acceded to the throne, Qin Law was not defeated, and Zhang Yi was martyred by Qin, Han and Wei Dynasties. When King Hui died, he acceded to the throne and died with Qin for Zhou. King Wu died, Xiang ascended the throne, and Hou Yuehan and Weldon attacked Qi. In five years, Qin's unfavorable land was sealed by the city. Ying Hou attacked Korea for eight years and became the seal of Runan. From the beginning, all people who use Qin should be equal and equal. Therefore, if you win, you will be respected by the minister; Benefiting the land is private: the Lord has no skill to know the traitor. Although the Shang monarch decorated his laws ten times, the people and ministers used their capital instead. Therefore, people who have taken advantage of the capital of Qiang Qin for decades and have not become emperors are not diligent in decorating officials, and they have no skills in the world. "

To annotate ...

[1] Other countries of Jin: Jin was later divided into Korea, Zhao and Wei, so Korea is another country of Jin. [2] Bo: preach "contradiction", violation and deviation. [3] Wancheng: 10,000 personnel carriers, which means strong military strength. Decoration: through "training", rectify and rectify. [4] report: report, report. Sit down: Sit down and convict. Fifteen: According to the household registration system of Qin State, why ten households? Five families are friends and they are accused of adultery. In other words, one family has a mole, and nine families sue together. No prosecution, nine families sit together.

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The questioner said: "Only skill has no law, only law has no skill. Why can't we govern the country? " A: "Shen Buhai is the assistant minister of Han Zhaohou. South Korea is a country separated from the State of Jin. The original laws of Jin State have not been completely abolished, but the new laws of South Korea have emerged. The decree of the former monarch has not been withdrawn, while the decree of the future monarch has been issued. If Shen Buhai does not implement the new law and unify the new law, there will be more sinister things. Therefore, treacherous people, when they see that there are interests in the original legal system and previous decrees, act according to the original legal system and previous decrees, and act according to the new legal system and new decrees when they see that there are interests in the new ones. They benefited from the contradiction between the old law and the new law, so although Shen Buhai tried ten times to get Han Zhaohou to have surgery, the treacherous court official still had a way to sophistry with words. Therefore, the powerful South Korea, on which the South Korean monarch relied, has not achieved the feat of hegemony after 70 years, just because the monarch used the technique on it, but it was not used to rectify officials. Gong Sunyang ruled the State of Qin, and established a system of reporting the crime of sitting in a chair and pursuing the real situation of the violation, so that the Shiwu family were punished together, rewarded with good faith, and severe punishment would be punished. Therefore, the people under his administration worked hard without rest, pursued hard and did not retreat, so the country he governed was rich and strong; But he didn't have the ability to identify evil spirits, but only used the country's prosperity to fund evil spirits. After the death of Qin Xiaogong and Shang Yang, King Hui of Qin ascended the throne, and the laws of Qin were not corrupted, but Zhang Yi sacrificed the strength of Qin to deal with South Korea and Wei. After the death of King Hui of Qin, Qin Wuwang acceded to the throne, and Gan Mao sacrificed the power of Qin in the war to March into Zhou. After Qin Wuwang's death, Qin acceded to the throne, crossed South Korea and attacked Qi. After five years of hard work, the state of Qin did not increase an inch of land, but built a wall on its own land. Fan Ju attacked South Korea for eight years, which also realized his fief in Runan. From then on, people who were highly valued in the state of Qin were people like Mao Hou and Yan Hou. So if you win the battle, then the minister will be honored; Get the land, then the vassal fief is established; This is because the monarch has no ability to understand evil spirits. Although Shang Yang made ten efforts to rectify the legal system, courtiers still used his reform capital. Therefore, the monarch of the State of Qin did not rely on the powerful State of Qin to become emperor and king for decades. This is because although the law has rectified officials, the monarch has not caused disasters by means. "

original text

The questioner said, "Can the Lord use Shen Zi's skill and the official practice Shang Jun's method?" He said: "Shen Zifa is not finished. Shen Ziyan: "If you don't rule an official, you will know what to say". If you can't rule more than one official, you can call it a duty; It's not too much to say what you know. The host looks at a country and doesn't know what to do; Listen to the ears of a country, so don't listen. If you know this and say it, does the owner still pretend to be safe? "The Law of Shang Jun" says: "Those who cut a song will be given a product, and those who want to be officials will be officials of fifty stones; Those who cut two songs are awarded second class, and those who want to be officials are the officials of the hundred stones. "The move of rank is commensurate with the work of beheading. Today, there is a law saying,' Those who behead are destined to be doctors.' Then the house was not built and I got sick. Craftsmen are skilled, and healers are skilled in preparing medicines. It is not appropriate to use beheading skills [1]. Today's officials are smart; Today's decapitated people have increased their courage. The wise ministers who govern the country with courage are doctors and craftsmen who have the skill of beheading. Therefore, the two sons are not perfect for magic. "

To annotate ...

[1] Qi: activate the "agent" and adjust it.

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The questioner said: "Is it possible for the monarch to govern the country with Shen Buhai's skills and the officials to implement Shang Yang's rule of law?" A: "The law of Shen Buhai is not perfect. Shen Buhai said: "Don't exceed your authority, even if you know, don't say anything beyond your authority. "It is possible to do things without exceeding authority. If you know, don't say it, and you can't say it's wrong. The monarch sees with the eyes of the whole country, so there is nothing more discerning than him; The monarch listens with the ears of the whole country, so no one is smarter than him. Now that you know and don't say, why should the monarch know the situation? Shang Yang's law said:' If you behead the enemy, you will be promoted to a higher level. If you want to be an official, you will be given 50 stones for your official position; Cut off the heads of two enemies, you will be promoted to two levels, and those who want to be an official will be given an official position, salary 100 stone. "The promotion of official rank is commensurate with the number of beheaded enemies. Now, if there is a law that says,' Cut off the enemy's head and make him a doctor and a craftsman.' Then the house could not be built and the disease could not be cured. Craftsmen rely on dexterity, doctors rely on concocting potions, and they are appointed by cutting off the enemy's head, which is incompatible with talent. "For the official, rely on wisdom; He who cuts off the enemy's head increases his strength with courage. Let those who have courage and strength serve as officials who need wisdom, which is equivalent to making those who cut off the enemy's head become doctors and craftsmen. Therefore, these two gentlemen are still not perfect in law and technology. "

Comment and analysis

To determine the law is to determine the written law. This is a monograph on Han Fei's revision of Shen Buhai and Gong Sunyang's theory of rule of law to determine his own principles of rule of law, and it is an important chapter for us to understand the origin of Han Fei's thought of rule of law. Starting with the discussion of Shen Buhai and Gong Sunyang's thoughts on the rule of law, this paper expounds the basic contents of their thoughts on the rule of law. It is impossible to govern a country by surgery or the rule of law alone. The rule of law and the rule of law must be combined to better govern the country. In Shen Buhai's surgical treatment, there is a saying that "you can't treat an official, although you know his words." Han Fei thinks this is very wrong. If everyone doesn't say what he knows and what he knows, can the ruler do it alone? The ability of a ruler should be to let officials know everything, and then the ruler can brainstorm and make a correct judgment. There is a saying in Shang Yang's thought of rule of law that "those who cut a song are honored at the first level, and those who want to be officials are fifty stone officials;" If you chop two songs, you will be awarded the second class. If you want to be an official, you will be an official of Baishi. " This is also very wrong. Fighting depends on courage and strength, and being an official depends on wisdom and talent. Have the courage and strength to be an official? Fighting and being an official are two different things, but Shang Yang regards it as the main content of the rule of law, which shows that Shang Yang's rule of law is still very lacking. So Han Fei thinks neither is perfect.