Prudence in Law

AnonymousBashu Publishing House · ChinaJun 2024

4.1

Word count: 931 words
Chapters: 2

Summary

In this world, none fail to govern by means of that which causes their disorder; therefore small governance brings small disorder, and great governance brings great disorder. No ruler can govern his people for generations, and no state in the world is free of disorder. What does it mean to govern by means of that which causes disorder? Now raising the worthy and capable is what the world considers good governance, yet it is precisely the cause of disorder in governance. What the world calls worthy is correct speech. What makes them good and correct is faction. Hearing their words, one thinks them capable; asking their faction, one finds they agree; therefore they are honored before they have merit and punished before they have guilt. This situation precisely gives corrupt officials resources to accomplish their wickedness and danger, and gives petty men resources to deploy their cunning and deceit. First lending officials and people the foundation of wickedness and deceit, yet seeking uprightness and honesty at the end—even Yu could not thereby command a crowd of ten people; how can a mediocre ruler govern the people of a whole state? Those who form factions with others do not wait for us to accomplish things. If the ruler raises one such person before the people, the people will turn their backs on the ruler's position and incline to private ties. When the people turn their backs on the ruler's position and incline to private ties, the ruler is weakened and ministers strengthened. If the ruler of men does not examine this, he will either be encroached upon by the feudal lords or be coerced by the common people. As for the power of speech, the foolish and the wise alike study it; if scholars study with men of speech, the people will abandon practical matters and recite empty words. When the people abandon practical matters and recite empty words, strength will be little and criticism much. If the ruler of men does not examine this, in war his generals will surely be lost, and in defense his cities will surely be sold.

Editor's review

The essay "Shen Fa" (Prudent in Law) belongs to the Legalist tradition, and its core concern is how a ruler can recognize and guard against the governing trap of "using disorder to govern disorder." The text points out that the "worthies" praised by the world often rely on factions praising one another; if the ruler does not examine their words and factions, he will honor them without reward and punish without guilt, instead giving corrupt officials and petty men the resources to act wickedly. This judgment advances layer by layer, moving from standards of appointment all the way to the consequences of a weakened ruler and strengthened ministers, and of the people abandoning practical matters to recite empty words; the logic is tight and the tone severe. This edition prepared by Bashu Press offers readers a text close to the original. Its value lies not in gentle maxims for getting along in the world but in presenting a cold, analytical political perspective, suitable for close reading by readers concerned with pre-Qin Legalist thought, political philosophy, and organizational governance. When reading, place it within the Legalist lineage and read it alongside relevant discussions by Shen Dao and Han Fei to appreciate its vigilance regarding the relationship between "worthiness" and "faction." Though short, it is enough to provoke sustained reflection on selection mechanisms and the culture of rhetoric.

Who it's for

A good fit for

Readers studying pre-Qin Legalist thought and political philosophy
Managers concerned with organizational appointment mechanisms and factionalism
Liberal arts students studying the writing of ancient political essays
Enthusiasts hoping to understand Legalist governance logic through original texts

Not a good fit for

Readers expecting light inspirational or maxim-style reading
Those lacking a foundation in classical Chinese who are unwilling to use annotations
Readers who prefer literary, lyrical, or narrative works

Reading tips

First read the original text once, mark key terms such as "worthy," "faction," and "correct speech," then sort out the argumentative chain paragraph by paragraph.
Use annotations to clarify the meanings of terms such as "upright and honest" and "much criticism," avoiding direct application of modern meanings.
Read alongside chapters in Han Feizi discussing appointment and factionalism, comparing differences in emphasis within Legalism.
After reading, try to summarize the author's governance warning in one paragraph to test whether you have grasped the core logic.

About the publisher

Bashu Publishing House China · Founded in 1983

Bashu Publishing House is a publisher centered on collating and publishing classical Chinese cultural texts, with its main publishing areas covering classical literature, Eastern philosophy, ancient poetry, and educational classics. Its library currently holds 1,075 titles, including representative works such as Dream of the Red Chamber, the Preface to the Orchid Pavilion Gathering, Renjian Cihua, and Out to the Frontier, involving authors such as Cao Xueqin, Wang Xizhi, Wang Guowei, Wang Changling, Liu Xie, and Yan Yu. These reflect the publisher's focus on literary classics, poetry criticism, and philosophical readings. Its publishing character lies in working around ancient texts and canonical works, with attention to textual collation and presentation. Public information on its more detailed publishing background and series plans is limited; this introduction is based only on the library's book information.

版权信息
慎法第二十五

FAQ

What does "governing by means of that which causes disorder" in "Shen Fa" mean?

It roughly means that a ruler governs the state by means that themselves lead to disorder—for example, appointing so-called worthies solely on the basis of talk and factional praise without examining actual merit and guilt. The author holds that the harder one governs this way, the greater the disorder: small governance brings small disorder, great governance brings great disorder, and the core problem lies in the standards of appointment themselves.

Why does the text criticize "raising the worthy and capable"?

The author does not oppose worthiness itself but criticizes the worthies acclaimed by the world, who are often established through correct-sounding speech and mutual praise among factions. If the ruler only listens to their words and asks only their faction, he will honor them without merit and punish without guilt, leaving room for corrupt officials and petty men to scheme, so that private ties override public righteousness.

Is this text suitable for beginners to read directly?

It can be read, but annotations and translations are recommended. The original uses archaic wording and its argumentation jumps, so beginners easily remember only conclusions and miss the reasoning. First clarify what question each paragraph answers, then return to appreciate the severity of the wording; this is more effective than plowing through word by word.

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About the author

Anonymous Author

Anonymous is not a real personal name but a general Chinese designation for authors whose names are unknown, lost, or unsigned. Neither nationality nor dates of birth and death can be verified, and available public information is limited, so the works attributed to this name are the only basis for description. The collection holds 2,078 works under Anonymous, spanning medicine, classics, historical readings, ancient poetry, classical literature, and philosophy. Representative works include The Yellow Emperor's Inner Canon: Lingshu, Mencius, The Book of Documents, Nineteen Old Poems, Complete Song Ci, and The Peacock Flies Southeast. Most of these works took shape through long transmission and editing, emerging either from collective folk creation or from authors whose names were lost over time. In ancient China, the Book of Songs, the Great Learning, and many popular storybooks and plays were signed Anonymous because their authors could not be traced. Anonymous works cross the classics, histories, philosophical writings, medical texts, and poetry; their subjects are broad, and their styles vary from archaic simplicity to clear naturalness, making them important and influential sources for understanding ancient Chinese thought, medicine, and literature.