| | 申韓: |
御史曰:「待周公而為相,則世無列國。待孔子而後學,則世無儒、墨。夫衣小缺,憏裂可以補,而必待全匹而易之;政小缺,法令可以防,而必待雅、頌乃治之;是猶舍鄰之醫,而求俞跗而後治病,廢汙池之水,待江、海而後救火也。迂而不徑,闕而無務,是以教令不從而治煩亂。夫善為政者,弊則補之,決則塞之,故吳子以法治楚、魏,申、商以法彊秦、韓也。」 |
| | The imperial censor said: "If one waits for a Zhou Gong to become prime minister, then there would be no feudal states in the world." Waiting for Confucius before beginning to study means that there would be no Confucianists or Mohists in the world. A small tear in a piece of clothing can be mended, yet one insists on waiting for an entire bolt of cloth to replace it; If there is a minor flaw in governance, laws and decrees can be used to prevent it, yet one insists on waiting until the era of Ya and Song before governing; This is like abandoning one's neighbor's physician and waiting for Yu Fu before treating an illness, or discarding the water from a dirty pond and waiting for the Yangtze River or the Sea to put out a fire. Being roundabout without taking direct paths, neglecting matters without urgency—this is why edicts are not followed and governance becomes complicated and chaotic. Those who are good at governing repair what is defective and block what is broken, which is why Wu Zi used legal methods to strengthen Chu and Wei, and Shen Buhai and Shang Yang used law to make Qin and Han powerful."
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| | 申韓: |
文學曰:「有國者選眾而任賢,學者博覽而就善,何必是周公、孔子!故曰法之而已。今商鞅反聖人之道,變亂秦俗,其後政耗亂而不能治,流失而不可復,愚人縱火於沛澤,不能復振;蜂蠆螫人,放死不能息其毒也。煩而止之,躁而靜之,上下勞擾,而亂益滋。故聖人教化,上與日月俱照,下與天地同流,豈曰小補之哉!」 |
| | The scholar-official said: "A ruler of a state selects the many and appoints the virtuous, while scholars broadly study and pursue goodness—why must it be Zhou Gong or Confucius!" Therefore it is said that one should merely follow laws. Now Shang Yang went against the way of the sage, changed and disrupted Qin's customs. Afterward, governance became exhausted and chaotic to the point it could not be controlled, and losses were so great they could not be restored—it is like a foolish person setting fire in a marshland, unable to revive it; it is like wasps and scorpions stinging people—once released, they cannot stop their poison. 藟 When things become complicated and one tries to stop them, when disturbances arise and one attempts to calm them, both rulers and subjects grow weary and agitated, and disorder increases even more. Therefore the sages' moral instruction shines above with the sun and moon, flows below with heaven and earth; how could it merely be a small patch!"
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| | 申韓: |
御史曰:「衣缺不補,則日以甚,防漏不塞,則日益滋。大河之始決於瓠子也,涓涓爾,及其卒,氾濫為中國害,菑梁、楚,破曹、衛,城郭壞沮,蓄積漂流,百姓木棲,千里無廬,令孤寡無所依,老弱無所歸。故先帝閔悼其菑,親省河隄,舉禹之功,河流以復,曹、衛以寧。百姓戴其功,詠其德,歌『宣房塞,萬福來』焉,亦猶是也,如何勿小補哉!」 |
| | The imperial censor said: "If a tear in clothing is not mended, the damage will grow worse day by day; if leaks are not blocked, they will increase with each passing day. When the great river first broke through at Huzi, it was only a trickle; but by the end of it, its floods spread and became a disaster for Central China. It devastated Liang and Chu, destroyed Cao and Wei, ruined city walls and fortifications, washed away stored supplies, left the people living in trees, turned thousands of miles into land without houses, and left orphans and widows with nowhere to rely on, and the elderly and weak with no place to return. lords Therefore, the late emperor took pity on their disaster and personally inspected the river dikes. He revived Yu's achievements, and thus the rivers returned to normal flow, and Cao and Wei were restored to peace. The people revered his achievements, praised his virtue, and sang songs such as "When Xuanfang is blocked, ten thousand blessings come," which was also the case. How could one say that small repairs are unnecessary!"
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| | 申韓: |
文學曰:「河決若甕口,而破千里,況禮決乎?其所害亦多矣!今斷獄歲以萬計,犯法茲多,其為菑豈特曹、衛哉!夫知塞宣房而福來,不知塞亂原而天下治也。周國用之,刑錯不用,黎民若,四時各終其序,而天下不孤。頌曰:『綏我眉壽,介以繁祉。』此夫為福,亦不小矣!誠信禮義如宣房,功業已立,垂拱無為,有司何補,法令何塞也?」 |
| | The scholar-official said: "When a river breaks through like a jar's opening, it can destroy thousands of li; how much more so when rites are broken!" The harm caused is also great! Now, the number of cases judged each year runs into the tens of thousands; lawbreakers have multiplied. The disaster they cause is not limited to Cao and Wei alone! One knows that blocking the Xuanfang breach brings blessings, yet does not know that blocking the source of disorder is what leads to peace throughout the world. The Zhou state employed this principle; punishments were set aside and not used, the people lived in peace, the four seasons each completed their order, and thus the world was not left desolate. The ode says: "Grant me a long life of peace, bestow upon me abundant blessings." Such is the source of blessing; it is certainly not small! If sincerity, trustworthiness, rites, and righteousness are like the Xuanfang embankment, then once achievements have been established, one may sit in ease without action. What need is there for officials to make repairs or laws to block breaches?"
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| | 申韓: |
御史曰:「犀銚利鉏,五穀之利而間草之害也。明理正法,姦邪之所惡而良民之福也。故曲木惡直繩,姦邪惡正法。是以聖人審於是非,察於治亂,故設明法,陳嚴刑,防非矯邪,若隱括輔檠之正弧刺也。故水者火之備,法者止姦之禁也。無法勢,雖賢人不能以為治;無甲兵,雖孫、吳不能以制敵。是以孔子倡以仁義而民從風,伯夷遁首陽而民不可化。」 |
| | The imperial censor said: "A sharp xichao spade is useful for cultivating the five grains and weeding out harmful weeds. Clarifying principles and upholding laws are what evildoers hate but what bring blessings to good people. Therefore, crooked wood hates the straight line of a plumb line, and evildoers hate just laws. Therefore, sages carefully discern right from wrong and clearly understand order and chaos. Hence they establish clear laws and proclaim severe punishments to prevent wrongdoing and correct evil, just as a carpenter's square or a bow string straightens a bent arrow. Therefore, water is the preparation for fire; law is the prohibition to stop evildoers. Without laws and authority, even a sage cannot achieve good governance; without armor and troops, even Sun Wu or Wu Qi could not subdue the enemy. Therefore, Confucius promoted benevolence and righteousness, and the people followed his example; but Boyi withdrew to Shaoyang Mountain, yet the people could not be transformed."
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| | 申韓: |
文學曰:「法能刑人而不能使人廉,能殺人而不能使人仁。所貴良醫者,貴其審消息而退邪氣也,非貴其下鍼石而鑽肌膚也。所貴良吏者,貴其絕惡於未萌,使之不為,非貴其拘之囹圄而刑殺之也。今之所謂良吏者,文察則以禍其民,強力則以厲其下,不本法之所由生,而專己之殘心,文誅假法,以陷不辜,累無罪,以子及父,以弟及兄,一人有罪,州里驚駭,十家奔亡,若癰疽之相濘,色淫之相連,一節動而百枝搖。《》云:『舍彼有罪,淪胥以鋪。』痛傷無罪而累也。非患銚耨之不利,患其舍草而芸苗也。非患無準平,患其舍枉而繩直也。故親近為過不必誅,是鋤不用也;疏遠有功不必賞,是苗不養也。故世不患無法,而患無必行之法也。」 |
| | The scholar-official said: "Laws can punish people but cannot make them upright; they can kill people but cannot make them kind. What is valued about a good physician is the ability to discern symptoms and dispel evil influences, not merely the act of inserting needles or drilling into the skin. What is valued about an excellent official is the ability to eliminate evil before it arises, guiding people not to commit wrongdoing in the first place—not merely the act of imprisoning them and executing them. Now, what is called an excellent official—those who are overly meticulous in their scrutiny bring disaster to the people; those who use force intimidate their subordinates. They do not consider the origins of law but instead rely solely on their own cruel intentions. They fabricate charges and misuse legal authority to condemn the innocent, piling up accusations against the blameless, extending punishment from a son to his father, from a younger brother to an elder one. When one person is found guilty, the entire district is alarmed; ten families flee in panic. It is like boils spreading into each other, or lewdness linking together—when one part moves, all branches shake. The "Poem" says: "Abandon those who are guilty; the innocent suffer along with them." This expresses sorrow for the innocent being dragged into punishment. The problem is not that hoes and plows are ineffective, but rather that one abandons weeds while cultivating the seedlings. It is not a matter of lacking standards or fairness; it is the danger of abandoning crookedness to enforce straightness. Therefore, if those close to one are allowed to commit offenses without punishment, it is like not using a hoe at all; if distant subjects who have rendered service receive no reward, it is as if the seedlings are left to wither. Therefore, the world does not suffer from a lack of laws, but rather from lacking laws that are surely enforced."
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