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商君書|Shang Jun Shu

更法 - Reform of the Law|更法 - Reform of the Law

属类： 双语小说 【分类】古汉语经典 -[作者: 商鞅] 阅读：[3955]
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更法

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Reform of the Law

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孝公平畫，公孫鞅、甘龍、杜摯三大夫御於君，慮世事之變，討正法之本，求使民之道。

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Duke Xiao discussed his policy. The three Great Officers, Gong sun Yang, Gan Long and Du Zhi, were in attendance on the Prince. Their thoughts dwelt on the vicissitudes of the world’s affairs; they discussed the principles of rectifying the law, and they sought for the way of directing the people.

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君曰：「代立不忘社稷，君之道也；錯法務明主長，臣之行也。今吾欲變法以治，更禮以教百姓，恐天下之議我也。」

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The prince said: "Not to forget, at his succession, the tutelary spirits of the soil and of grain, is the way of a prince; to shape the laws and to see to it that an intelligent ruler reigns, are the tasks of a minister. I intend, now, to alter the laws, so as to obtain orderly government, and to reform the rites, so as to teach the people; but I am afraid the empire will criticize me."

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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。」

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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."

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孝公曰：「善。」

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Duke Xiao expressed his approval.

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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。」

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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."

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公孫鞅曰：「子之所言，世俗之言也。夫常人安於故習，學者溺於所聞。此兩者所以居官守法，非所與論於法之外也。三代不同禮而王，五霸不同法而霸，故知者作法，而愚者制焉；賢者更禮，而不肖者拘焉。拘禮之人，不足與言事；制法之人，不足與論變。君無疑矣。」

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Gong sun Yang replied: "What you, sir, hold is the point of view of the man in the street. Indeed, ordinary people abide by old practices, and students are immersed in the study of what is reported from antiquity. These two kinds of men are all right for filling offices and for maintaining the law, but they are not the kind who can take part in a discussion which goes beyond the law. The Three Dynasties have attained supremacy by different rites, and the five Lords Protector have attained their protectorships by different laws. Therefore, a wise man creates laws, but a foolish man is controlled by them; a man of talent reforms rites, but a worthless man is enslaved by them. With a man who is enslaved by rites, it is not worth while to speak about matters; with a man who is controlled by laws, it is not worth while to discuss reform. Let Your Highness not hesitate."

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杜摯曰：「臣聞之，利不百，不變法；功不十，不易器。臣聞法古無過，循禮無邪。君其圖之。」

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Du Zhi said: "Unless the advantage be a hundredfold, one should not reform the law; unless the benefit be tenfold, one should not alter an instrument. I have heard it said that in taking antiquity as an example, one makes no mistakes, and in following established rites one commits no offence. Let Your Highness aim at that."

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公孫鞅曰：「前世不同教，何古之法？帝王不相復，何禮之循？伏羲神農教而不誅，黃帝堯舜誅而不怒，及至文武，各當時而立法，因事而制禮。禮法以時而定，制令各順其宜，兵甲器備各便其用。臣故曰：『治世不一道，便國不必法古。』湯武之王也，不循古而興；殷夏之滅也，不易禮而亡。然則反古者未可必非，循禮者未足多是也。君無疑矣。」

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Gong sun Yang said: "Former generations did not follow the same doctrines, so what antiquity should one imitate? The emperors and kings did not copy one another, so what rites should one follow? Fu Xi and Shen nong taught but did not punish; Huang di, Yao and Shun punished but were not angry; Wen wang and Wu wang both established laws in accordance with what was opportune and regulated rites according to practical requirements; as rites and laws were fixed in accordance with what was opportune, regulations and orders were all expedient, and weapons, armour, implements and equipment were all practical. Therefore, I say: ’There is more than one way to govern the world and there is no necessity to imitate antiquity, in order to take appropriate measures for the state.’ Tang and Wu succeeded in attaining supremacy without following antiquity, and as for the downfall of Yin and Xia - they were ruined without rites having been altered. Consequently, those who acted counter to antiquity do not necessarily deserve blame, nor do those who followed established rites merit much praise. Let Your Highness not hesitate."

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孝公曰：「善。吾聞窮巷多怪，曲學多辨。愚者之笑，智者哀焉；狂夫之樂，賢者喪焉。拘世以議，寡人不之疑矣。」

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Duke Xiao said: "Excellent ! I have heard it said that in poor country districts, much is thought strange, and that in village schools there are many debates. What the foolish laugh about, the wise are sad about; the joy of a madman is the sorrow of a man of talent. One should, in one’s plans, be directed by the needs of the times - I have no doubts about it."

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於是遂出墾草令。

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Thereupon, in consequence, he issued the order to bring waste lands under cultivation.

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