Han Feizi – Chapter 37.1

Duke Jing of Qi visited Yanzi and said, “Your house is small and close to the market. Please let me move your household to the Yuzhang gardens.” Yanzi bowed twice and declined, saying, “My family is poor and depends on the market for food. I go there morning and evening, so I cannot live far away.” Duke Jing laughed and said, “Since your household is familiar with the market, do you know what is expensive and what is cheap?” At that time, Duke Jing was excessive in his use of punishments. Yanzi replied, “Artificial feet are expensive, while shoes are cheap.” Duke Jing said, “Why is that?” Yanzi said, “Because punishments are numerous.” Duke Jing’s expression changed, and he said, “Am I then too cruel?” Thereupon he reduced five kinds of punishment.

Someone says: Yanzi’s claim that artificial feet were expensive was not sincere; he merely used a convenient remark to stop the excessive use of punishments. This shows the danger of failing to examine proper governance. When punishments are fitting, they are not too many; when they are unfitting, they are not too few. Instead of reporting whether punishments are appropriate, Yanzi spoke only of their excess. This is the fault of lacking statecraft.

When a defeated army is punished, executions may number in the hundreds or thousands, yet defeat still cannot be entirely prevented. When punishments for disorder are applied as if one feared they were insufficient, wickedness is still not fully eliminated. Now Yanzi did not examine whether the punishments were appropriate, but argued only that they were too many. Is this not absurd? To spare weeds is to harm the grain; to show mercy to thieves and robbers is to injure the good people. To relax punishments and practice leniency is to benefit the wicked and harm the virtuous. This is not a way to bring order.

Note

This Han Feizi ‑ Chapter 37.1 challenges Yanzi’s famous “expensive artificial feet” remonstrance. It holds punishments should be judged by appropriateness rather than mere quantity; blind leniency benefits wrong‑doers and harms law‑abiding citizens.

Han Feizi and the “Nan” chapters:

The Han Feizi is a major Legalist text from the late Warring States period. The Nan chapters often begin with a well-known story praised in Confucian or popular tradition and then challenge it, arguing that government should rely on law, method, and authority rather than on moral appeals or clever rhetoric.

Duke Jing of Qi:

A ruler of the state of Qi during the Spring and Autumn period. He is often portrayed as a ruler who could be corrected by wise ministers, though Han Fei is more critical of such corrections if they weaken legal order.

Yanzi:

Also known as Yan Ying, a famous minister of Qi. He is traditionally admired for his wit, frugality, and moral remonstrance. The story of “artificial feet are expensive, shoes are cheap” is one of the best-known anecdotes about him.

“Artificial feet are expensive, shoes are cheap”:

This remark suggests that many people have had their feet cut off as punishment, so demand for artificial feet is high while demand for ordinary shoes falls. In Confucian readings, it is praised as an indirect but effective way to criticize cruel punishment.

Yuzhang gardens:

A garden or park area mentioned here as a proposed new residence for Yanzi. Its precise location is not important for the argument; it mainly shows Duke Jing’s wish to give Yanzi a better home.

Legalist view of punishment:

Han Fei does not argue that rulers should be wantonly cruel. He argues that punishment must befitting to the crime and sufficient to maintain order. From this perspective, criticizing punishment merely for being “too many” is misguided if the punishments are justified.

“To spare weeds is to harm the grain”:

This metaphor means that misplaced mercy can damage the social order. Han Fei believes leniency toward wrongdoers may harm law-abiding people.

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　　景公过晏子，曰：“子宫小，近市，请徙子家豫章之圃。”晏子再拜而辞曰：“且婴家贫，待市食，而朝暮趋之，不可以远。”景公笑曰：“子家习市，识贵贱乎？”是时景公繁于刑。晏子对曰：“踊贵而屦贱。”景公曰：“何故？”对曰：“刑多也。”景公造然变色曰：“寡人其暴乎！”于是损刑五。

　　或曰：晏子之贵踊，非其诚也，欲便辞以止多刑也。此不察治之患也。夫刑当无多，不当无少。无以不当闻，而以太多说，无术之患。败军之诛以千百数，犹且不止；即治乱之刑如恐不胜，而奸尚不尽。今晏子不察其当否，而以太多为说，不亦妄乎？夫惜草茅者耗禾穗，惠盗贼者伤良民。今缓刑罚，行宽惠，是利奸邪而害善人也，此非所以为治也。