Follow us on Facebook to receive important updates Follow us on Twitter to receive important updates Follow us on sina.com's microblogging site to receive important updates Follow us on Douban to receive important updates
Chinese Text Project
Translation setting:[None] [English]
-> -> -> -> Later Punishments

《後刑 - Later Punishments 》

 English translation: AI and Chinese Text Project users [?] Library Resources
1 後刑:
大夫曰：「古之君子，善善而惡惡。人君不畜惡民，農夫不畜無用之苗。無用之苗，苗之害也；無用之民，民之賊也。鉏一害而眾苗成，刑一惡而萬民悅。雖周公、孔子不能釋刑而用惡。家之有姐子，器皿不居，況姐民乎！民者敖於愛而聽刑。故刑所以正民，鉏所以別苗也。」
The official said: "Ancient gentlemen cherished goodness and hated evil." A ruler does not harbor wicked subjects, just as a farmer does not nurture useless sprouts. Useless sprouts are harmful to the crop; useless subjects are thieves among the people. Remove one harmful weed and many sprouts will thrive; punish one evildoer and all the people will be pleased. Even Duke of Zhou and Confucius could not abandon punishment in favor of evil. A house with a useless son cannot hold utensils; how much less so for a useless subject! The people are indulged in affection but obey punishment. Therefore, punishment is used to correct the people, just as weeding tools distinguish sprouts."

2 後刑:
賢良曰：「古者，篤教以導民，明辟以正刑。刑之於治，猶策之於御也。良工不能無策而御、有策而勿用。聖人假法以成教，教成而刑不施。故威厲而不殺，刑設而不犯。今廢其紀綱而不能張，壞其禮義而不能防。民陷於網，從而獵之以刑，是猶開其闌牢，發以毒矢也，不盡不止。曾子曰：『上失其道，民散久矣。如得其情，即哀矜而勿喜。』夫不傷民之不治，而伐己之能得姦，猶弋者睹鳥獸掛罻羅而喜也。今天下之被誅者，不必有管、蔡之邪、鄧皙之偽，恐苗盡而不別，民欺而不治也。孔子曰：『人而不仁，疾之已甚，亂也。』故民亂反之政，政亂反之身，身正而天下定。是以君子嘉善而矜不能，恩及刑人，德潤窮夫，施惠悅爾，行刑不樂也。」
The virtuous and capable official said: "In ancient times, thorough instruction was used to guide the people, and clear laws were established to administer punishment. Punishment in governance is like a whip in horseback riding. A skilled craftsman cannot ride without a whip, nor can he have a whip and choose not to use it. Sages used laws as tools to accomplish instruction; once instruction was achieved, punishment did not need to be applied. Therefore, authority is awe-inspiring without resorting to killing, and punishments are established but never violated. Now they have abandoned the code of conduct without being able to restore it, and destroyed rites and righteousness without being able to prevent wrongdoing. The people have fallen into a trap, and then are pursued with punishment; this is like opening the pen of caged animals and shooting them with poisoned arrows—until they are all destroyed, it will not stop. Zengzi said: "When rulers lose the right way, the people have long been dispersed. If one understands their situation, then show compassion and do not rejoice." To not be concerned about the people's lack of governance, yet to boast about one's ability to catch evildoers, is like a fowler who rejoices when seeing birds and beasts caught in snares. Nowadays, those who are punished under heaven do not necessarily possess the wickedness of Guan and Cai or the deceitfulness of Deng Xi; we fear that sprouts will be completely uprooted without distinction, and the people will become deceptive and ungovernable. Confucius said: "If a person lacks benevolence, hating them excessively is itself disorder." Therefore, when the people are in chaos, return to proper governance; when governance is in chaos, return to self-cultivation. When one's own conduct is upright, the whole world will be at peace. Therefore, gentlemen praise goodness and show compassion to those who are incapable; their kindness reaches even criminals, their virtue moistens the poor man. They bestow favors joyfully, yet do not take pleasure in administering punishment."

URN: ctp:yan-tie-lun/hou-xing