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Chinese Text Project
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Scope: Fixing of Rights and Duties Request type: Paragraph
Condition 1: Contains text "夫微妙意志之言上智之所難也" Matched:1.
Total 1 paragraphs. Page 1 of 1.

定分 - Fixing of Rights and Duties

English translation: J. J. L. Duyvendak [?]
Books referencing 《定分》 Library Resources
6 定分:
夫微妙意志之言,上智之所難也。夫不待法令繩墨而無不正者,千萬之一也,故聖人以千萬治天下。故夫智者而後能知之,不可以為法,民不盡智。賢者而後知之,不可以為法,民不盡賢。故聖人為法,必使之明白易知。名正,愚智遍能知之。為置法官,置主法之吏,以為天下師,令萬民無陷於險危。故聖人立天下而無刑死者,非不刑殺也,法令明白易知,為置法官吏為之師以道之知。萬民皆知所避就;避禍就福,而皆以自治也。故明主因治而治之,故天下大治也。
Fixing of Rights and...:
Indeed, subtle and mysterious words, which have to be pondered over, cause difficulty even to men of superior knowledge. There may be one case in ten millions, where the directing guidance of the law is not needed and yet it is correct in everything. Therefore, a sage governs the empire for the ten million cases. For, indeed, one should not make laws so that only the intelligent can understand them, for the people are not all intelligent; and one should not make laws so that only the men of talent can understand them, for the people are not all talented. Therefore did the sages, in creating laws, make them clear and easy to understand, and the terminology correct, so that stupid and wise without exception could understand them; and by setting up law officers, and officers presiding over the law, to be authoritative in the empire, prevented the people from falling into dangerous pitfalls. So the fact that when the sages established the empire there were no victims of capital punishment, was not because capital punishment did not exist, but because the laws which were applied were clear and easy to understand. They set up law officers and government officials to be the authority, in order to guide them; and they knew that if the ten thousands of people all knew what to avoid and what to strive for, they would avoid misfortune and strive for happiness, and so restrain themselves. Therefore, an intelligent prince follows the existing conditions of order and so makes the order complete, with the result that the empire will enjoy great order.

Total 1 paragraphs. Page 1 of 1.