| | 更法: |
公孫鞅曰：「臣聞之，『疑行無成，疑事無功，』君亟定變法之慮，殆無顧天下之議之也。且夫有高人之行者，固見負於世；有獨知之慮者，必見訾於民。語曰：『愚者闇於成事，知者見於未萌。民不可與慮始，而可與樂成。』郭偃之法曰：『論至德者，不和於俗；成大功者，不謀於眾。』法者，所以愛民也；禮者，所以便事也。是以聖人苟可以強國，不法其故；苟可以利民，不循其禮。」 |
| Reform of the Law: |
Gong sun Yang said: "I have heard it said that he who hesitates in action, does not accomplish anything, and that he who hesitates in affairs, gains no merit. Let Your Highness settle Your thoughts quickly about altering the laws and perhaps not heed the criticism of the empire. Moreover, he who conducts himself as an outstanding man is, as a matter of course, disapproved of by the world; he who has thoughts of independent knowledge is certainly despised by the world. The saying runs: 'The stupid do not even understand an affair when it has been completed, but the wise see it even before it has sprouted.' One cannot let the people share in the thoughts about the beginnings of an affair, but they should be allowed to share in the rejoicings over the completion of it. The law of Guo Yan says: 'He who is concerned about the highest virtue is not in harmony with popular ideas; he who accomplishes a great work, does not take counsel with the multitude.' The law is an expression of love for the people; rites are a means for making things run smoothly. Therefore a sage, if he is able to strengthen the state thereby, does not model himself on antiquity, and if he is able to benefit the people thereby, does not adhere to the established rites." |
| | 更法: |
甘龍曰：「不然。臣聞之，聖人不易民而教，知者不變法而治。因民而教者，不勞而功成；據法而治者，吏習而民安。今若變法，不循秦國之故，更禮以教民，臣恐天下之議君，願孰察之。」 |
| Reform of the Law: |
But Gan Long said: "Not so. I have heard it said: 'A sage teaches without changing the people, and a wise man obtains good government without altering the laws.' If one teaches in accordance with the spirit of the people, success will be achieved without effort; if one governs, holding on to the law, officials will be well versed in it and the people will live quietly. Now, if Your Highness alters the laws without adhering to the old customs of the Ch'in state, and reforms the rites in order to teach the people, I am afraid that the empire will criticize Your Highness, and I wish that You would reflect maturely." |
| | 農戰: |
夫民之親上死制也，以其旦暮從事於農。夫民之不可用也，見言談游士事君之可以尊身也，商賈之可以富家也，技藝之足以餬口也。民見此三者之便且利也，則必避農；避農則民輕其居，輕其居則必不為上守戰也。 |
| Agriculture and War: |
Indeed, the people will love their ruler and obey his commandments even to death, if they are engaged in farming, morning and evening; but they will be of no use if they see that glib-tongued, itinerant scholars succeed in being honoured in serving the prince, that merchants succeed in enriching their families, and that artisans have plenty to live upon. If the people see both the comfort and advantage of these three walks of life, then they will indubitably shun agriculture; shunning agriculture, they will care little for their homes; caring little for their homes, they will certainly not fight and defend these for the ruler's sake. |
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凡治國者，患民之散而不可搏也，是以聖人作壹，摶之也。國作壹一歲者，十歲強；作壹十歲者，百歲強；作壹百歲者，千歲強，千歲強者王。 |
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Generally speaking, in administrating a country, the trouble is when the people are scattered and when it is impossible to consolidate them. That is why a sage tries to bring about uniformity and consolidation. A state where uniformity of purpose has been established for one year, will be strong for ten years; where uniformity of purpose has been established for ten years, it will be strong for a hundred years, where uniformity of purpose has been established for a hundred years, it will be strong for a thousand years; and a state which has been strong for a thousand years will attain supremacy. |
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君修賞罰以輔壹教，是以其教有所常，而政有成也。王者得治民之至要，故不待賞賜而民親上，不待爵祿而民從事，不待刑罰而民致死。國危主憂，說者成伍，無益於安危也。 |
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An ordinary prince cultivates the system of rewards and penalties in order to support his teaching of uniformity of purpose, and in this way his teaching has permanency and his administration is successfully established. But he who attains supremacy, succeeds in regulating those things which are most essential for the people, and therefore, even without the need of rewards and gifts, the people will love their ruler; without the need of ranks and emoluments, the people will follow their avocations; without the need of penalties, the people will do their duty to the death.When a country is in peril and the ruler in anxiety, it is of no avail to the settling of this danger for professional talkers to form battalions. |
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夫國危主憂也者，強敵大國也。人君不能服強敵，破大國也，則修守備，便地形，摶民力以待外事，然後患可以去，而王可致也。是以明君修政作壹，去無用，止畜學事淫之民，壹之農，然後國家可富，而民力可摶也。 |
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The reason why a country is in danger and its ruler in anxiety lies in some strong enemy or in another big state. Now if a prince is unable to vanquish that strong enemy or to destroy that big state, he improves his defences, makes the best use of the topographical conditions, consolidates the strength of the people and thus meets the foreign attack. After this the danger may be averted and supremacy yet attained. That is why an intelligent prince, in improving the administration, strives for uniformity, removes those who are of no use, restrains volatile scholars and those of frivolous pursuits, and makes them all uniformly into farmers. Thereafter the reigning dynasty may become rich and the people's strength may be consolidated. |
| | 農戰: |
今世主皆憂其國之危而兵之弱也，而強聽說者。說者成伍，煩言飾辭，而無實用。主好其辯，不求其實。說者得意，道路曲辯，輩輩成群。民見其可以取王公大人也，而皆學之。夫人聚黨與說議於國，紛紛焉小民樂之，大人說之。故其民農者寡，而游食者眾；眾則農者怠，農者怠則土地荒。學者成俗，則民舍農，從事於談說，高言偽議，舍農游食，而以言相高也。故民離上而不臣者，成群。此貧國弱兵之教也。夫國庸民以言，則民不畜於農。故惟明君知好言之不可以強兵闢土也。惟聖人之治國，作壹，摶之於農而已矣。 |
| Agriculture and War: |
Nowadays, the rulers of the world are all anxious over the perilous condition of their countries and the weakness of their armies, and they listen at all costs to the professional talkers: but though these may form battalions, talk profusely and employ beautiful expressions, it is of no practical use. When a ruler loves their sophistry and does not seek for their practical value, then the professional talkers have it all their own way, expound their crooked sophistries in the streets, their various groups become great crowds, and the people, seeing that they succeed in captivating kings, dukes and great men, all imitate them. Now, if men form parties, the arguments and dissensions in the country will be of confusing diversity; the lower classes will be amused and the great men will enjoy it, with the result that amongst such a people farmers will be few and those who, in idleness, live on others will be many. These latter being numerous, farmers will be in a perilous position, and this being so, land will be left lying fallow. If study becomes popular, people will abandon agriculture and occupy themselves with debates, high-sounding words and discussions on false premises; abandoning agriculture, they will live on others in idleness, and seek to surpass one another with words. Thus the people will become estranged from the ruler, and there will be crowds of disloyal subjects. This is a doctrine which leads to the impoverishment of the state and to the weakening of the army. Indeed, if a country employs people for their talking, then the people will not be nurtured in agriculture; so it is only an intelligent prince who understands that by fondness for words one cannot strengthen the army nor open up the land. Only when a sage rules the country will he strive for singleness of purpose and for the consolidation of the people in agriculture, and for that alone. |
| | 去強: |
舉民眾口數，生者著，死者削。民不逃粟，野無荒草，則國富，國富者強。以刑去刑，國治；以刑致刑，國亂。故曰：行刑重輕，刑去事成，國強；重重而輕輕，刑至事生，國削。刑生力，力生強，強生威，威生惠，惠生於力。舉力以成勇戰，戰以成知謀。 |
| Elimination of Strength:...: |
If the whole population is registered at birth and erased at death, there would be no people who would escape agriculture, and in the fields there would be no fallow land. Thus the country would be rich, and being rich it would be strong. If penalties are removed by means of penalties, the country will enjoy order, but if penalties are set up by means of penalties, the country will be in disorder. Therefore is it said: 'In applying penalties, punish heavily the light offences.' If punishments are abolished, affairs will succeed and the country will be strong. But if heavy offences are punished heavily and light offences lightly, penalties will appear, trouble will arise and such a state will be dismembered. Punishment produces force, force produces strength, strength produces awe, awe produces kindness. Kindness has its origin in force. |
| | 說民: |
民之情也治，其事也亂。故行刑，重其輕者；輕者不生，則重者無從至矣。此謂「治之於其治」也。行刑，重其重者，輕其輕者；輕者不止，則重者無從止矣。此謂「治之於其亂」也。故重輕，則刑去事成，國強；重重而輕輕，則刑至而事生，國削。 |
| Discussion about the People:...: |
It is the nature of the people to be orderly, but it is circumstances that cause disorder. Therefore, in the application of punishments, light offences should be regarded as serious; if light offences do not occur, serious ones have no chance of coming. This is said to be "ruling the people while in a state of law and order". If in the application of punishments, serious offences are regarded as serious, and light offences as light, light offences will not cease and in consequence, there will be no means of stopping the serious ones. This is said to be "ruling the people while in a state of lawlessness". So, if light offences are regarded as serious, punishments will be abolished, affairs will succeed and the country will be strong; but if serious offences are regarded as serious and light ones as light, then punishments will appear; moreover, trouble will arise and the country will be dismembered. |
| | 說民: |
國治：斷家王，斷官強，斷君弱。重輕刑去，常官則治。省刑要保，賞不可倍也。有姦必告之，則民斷於心。上令而民知所以應，器成於家而行於官，則事斷於家。故王者刑賞斷於民心，器用斷於家。治明則同，治闇則異。同則行，異則止。行則治，止則亂。治則家斷，亂則君斷。 |
| Discussion about the People:...: |
If the order of the country depends on the judgments of the family, it attains supremacy; if it depends on the judgments of the officials, it becomes only strong; if it depends on the judgments of the prince, it becomes weak. If light offences are heavily punished, punishments will disappear; if officials are permanent, there is orderly administration. The necessary guarantee for restricting the use of punishments is that promises of rewards are kept. If they make it their habit to denounce all crimes, then the people make the judgments in their own minds; and if, when the ruler gives his orders, the people know how to respond, so that the means for enforcing the law are really manufactured in the families and merely applied by the officials, then the judgments over affairs rest with the family. Therefore, in the case of one who attains supremacy, judgments with regard to punishments and rewards rest with the people's own minds, and those with regard to the application of the means for enforcing the law rest with the family. If there is a clear law, people will agree with one another; if there is an obscure law, people will differ from one another. If they agree, things run smoothly, but if they differ, things are hampered; in the former case, there is order, in the latter, disorder. If there is order, it is the families that make judgments; if there is disorder, it is the prince who makes judgments. |
| | 算地: |
今則不然。世主之所以加務者，皆非國之急也。身有堯舜之行，而功不及湯武之略者，此執柄之罪也。臣請語其過。夫治國舍勢而任談說，則身勞而功寡。故事詩書談說之士，則民游而輕其上；事處上，則民遠而非其上；事勇士，則民競而輕其禁；技藝之士用則民剽而易徙；商賈之士佚且利，則民緣而議其上。故五民加於國用，則田荒而兵弱。談說之士，資在於口；處士，資在於意；勇士，資在於氣；技藝之士，資在於手；商賈之士，資在於身。故天下一宅，而圜身資民；資重於身，而偏託勢於外。挾重資，歸偏家，堯舜之所難也；故湯武禁之，則功立而名成。 |
| Calculation of Land: |
But nowadays, it is not thus; that which the rulers of the world are particularly concerned about is not at all that of which the state stands in urgent need. In their persons, they have the conduct of Yao and Shun, but in their results they do not even approximate those of Tang or Wu. The mistake lies with the handle which they hold. Let me be permitted to set forth their error. In administrating the country, they reject power and indulge in talking. By talking, their persons become cultivated, but their success is small. So scholars, full of empty talk about the Odes and the Book of History, are held in esteem, so that people become restless and think lightly of their prince; scholars who are out of office are held in esteem, so that people become estranged and criticize their superiors; braves are held in esteem, so that the people become quarrelsome and think lightly of prohibitions; artisans are used, so that the people become volatile and easily move their places of abode; merchants and retailers, though leisurely, yet make profit, so that the people follow their example and discuss their superiors. Therefore, if these five kinds of people are used in the state, then fields will lie fallow and the army will be weak. The capital of scholars who are full of empty words lies in their mouths; that of scholars who are out of office lies in their ideas; that of braves in their valour, that of artisans in their hands, and that of merchants and retailers in their bodies. Thus, they can carry their personal capital round to any house on earth. If, for the people's capital, importance is attached to physical talents, and for their habitat they are dependent on the outside world, then those who carry considerable capital will become temporary sojourners. This would have caused difficulties even to Yao and Shun; therefore, Tang and Wu prohibited it, with the result that their success was established and their fame made. |
| | 算地: |
夫刑者所以禁邪也；而賞者，所以助禁也。羞辱勞苦者，民之所惡也；顯榮佚樂者，民之所務也。故其國刑不可惡而爵祿不足務也，此亡國之兆也。刑人復漏，則小人辟淫而不苦刑，則徼倖於民上。徼倖於民上以利求，顯榮之門不一，則君子事勢以成名。小人不避其禁，故刑煩；君子不設其令，則罰行。刑煩而罰行者，國多姦；國多姦則富者不能守其財，而貧者不能事其業，田荒而國貧。 |
| Calculation of Land: |
Now the idea of punishments is to restrain depravity, and the idea of rewards is to support the interdicts. Shame and disgrace, labour and hardship are what the people dislike; fame and glory, ease and joy are what the people pay attention to. So, if the penalties of the country are such that they do not cause dislike, and the titles and emoluments are not worth attention, it is an omen of the ruin of the country. If culprits often escape through the meshes, inferior people will be depraved and dissolute and will not think of the punishments as deterrents, and thus they will be applied to the people in a haphazard manner. That being so, and the way to fame and glory by means of gain not being one, then superior men will apply power to obtain a name and inferior people will not avoid what is prohibited. Therefore, the punishments will be numerous. If the superior man does not set up his commands clearly, minor penalties will be applied. If punishments are numerous and minor penalties are applied, the country will have many criminals. Then the rich will not be able to keep their wealth, nor the poor to apply themselves to their occupations; the fields will lie fallow and the state will be poor. |
