There are three means by which a sage establishes order: first, benefit; second, authority; third, name. Benefit is what wins the people; authority is what makes commands effective; name is what superiors and inferiors jointly follow. Without these three, other measures are not urgent.
At present, benefits are not absent, yet the people are not transformed by their ruler. Authority is not absent, yet those below do not obey. Offices are not without laws, yet governance does not accord with proper names. These three are not absent, yet the world alternates between order and disorder. Why? Because what the ruler honors contradicts what he uses to govern.
Titles and names are established to create respect. Yet those who despise titles and slight substance are called “lofty.” Ranks are set up to distinguish low from high. Yet those who slight their superiors and do not seek audience are called “worthy.” Authority and benefit are used to carry out commands. Yet those who disregard benefit and slight authority are called “dignified.” Laws and orders are used to bring about order. Yet those who disobey laws and perform private acts of kindness are called “loyal.” Offices and ranks are used to encourage the people. Yet those who love reputation and righteousness but do not enter service are called “men of integrity.” Punishments are used to concentrate authority. Yet those who slight the law and do not shrink from execution or death are called “brave men.”
The people’s eagerness for reputation exceeds their pursuit of profit. If this is so, how can scholars who suffer hunger and want fail to dwell in caves, afflict their bodies, and strive for fame in the world? Therefore, the world’s disorder is not the fault of those below; it is because the ruler has lost the proper way. He habitually honors what produces disorder and despises what produces order. Thus what those below desire constantly conflicts with what the ruler uses to govern.
That those below obey those above is what the ruler urgently needs. Yet if a person is honest, sincere, cautious in thought and restrained in speech, he is called “mean.” If he firmly keeps the law and carefully obeys orders, he is called “foolish.” If he respects superiors and fears punishment, he is called “cowardly.” If his words are timely and his conduct moderate, he is called “unpromising.” If he has no divided loyalty or private school and listens to officials and follows instruction, he is called “crude.”
Those who are hard to summon are called “upright.” Those who are hard to reward are called “incorruptible.” Those who are hard to restrain are called “steadfast.” Those who disobey orders are called “brave.” Those who seek no advantage from their ruler are called “simple.” Those who have few desires, are generous, and practice virtue are called “benevolent.” Those who are grave and self-respecting are called “elders.” Those who form private schools in groups are called “masters and disciples.” Those who remain quiet and settled are called “thoughtful.” Those who harm benevolence and pursue profit are called “vigorous.” Those who are dangerous, rash, frivolous, and changeable are called “wise.” Those who put others before themselves, imitate noble titles, and speak of universal love are called “sages.” Those who speak of great principles, are praised yet unusable, and act contrary to the world are called “great men.” Those who despise rank and salary and do not yield to superiors are called “heroes.”
If those below gradually adopt such conduct, at home they disorder the people, and abroad they make governance impossible. The ruler ought to prohibit their desires and erase their traces. Yet he does not stop them; he even honors them. This is to teach those below to disorder their superiors in the name of bringing order.
What governs the state is punishment. Yet those who privately practice righteousness are honored. The state is founded on stability. Yet the rash, dangerous, slanderous, and flattering are employed. Within the borders, obedience depends on trust and virtue. Yet the deceitful and subversive are entrusted with affairs. Commands are carried out and authority established through respect, frugality, and obedience to superiors. Yet those who dwell in caves and condemn the age are made prominent. Granaries are filled by farming, the people’s basic task. Yet those engaged in silk, embroidery, and ornamental crafts grow rich. Reputation is won and borders expanded by warriors. Yet the orphans of fallen soldiers go hungry and beg on the roads, while entertainers and drinking companions ride in carriages and wear silk.
Rewards and salaries are meant to exhaust the people’s strength and induce them to face death. Yet soldiers who win victories and capture cities labor without receiving their share of reward, while diviners, palm-readers, and those who interpret omens and offer flattering words receive daily gifts. The ruler holds standards and measures to control the power of life and death. Yet those who keep standards and serve with loyalty cannot reach him, while those who use clever words and smooth speech to pursue deceitful aims are frequently admitted.
Those who speak plainly according to law, match punishment to crime, follow the ink-line, and punish wrongdoers do so to bring order to their ruler; yet they are increasingly kept at a distance. Those who flatter, indulge the ruler’s wishes, and endanger the world are his close attendants. Taxes are collected and the people’s strength concentrated to prepare for disaster and fill storehouses. Yet soldiers who evade service, hide, and attach themselves to powerful households to avoid levies number in the tens of thousands, while the ruler cannot reach them.
Fields and houses are offered to encourage soldiers. Yet those whose heads are severed and bodies scattered on plains and fields have no house to shelter them; they die in the fields. Meanwhile, women favored for their beauty and attendants of ministers who have no merit choose houses and lands as they please. Rewards and benefits should all issue from above; this is how superiors control inferiors. Yet armored warriors hold no office, while idle officials are honored and prominent. If the ruler teaches this, how can his name avoid being humbled and his position avoid danger?
Those who humble name and position are precisely those below who do not obey laws, who harbor divided loyalties, form private schools, and oppose the age. If the ruler does not prohibit their conduct or break up their groups, but instead honors them, those in power are at fault. In earlier times, integrity and shame were established to keep subordinates in order. Now scholar-officials do not shrink from filthy disgrace in seeking office, while households of women and private favorites obtain posts without waiting their turn.
Rewards are meant to confer honor. Yet warriors who have fought with merit remain poor and lowly, while flatterers and entertainers leap over proper ranks. Titles, sincerity, and trust are meant to communicate authority. Yet the ruler is obscured; close attendants and women’s petitions operate side by side. Officials control ranks and appointments. Those in power are at fault.
When ministers appoint men and first conspire with those below, even if they do not openly violate the law, authority and benefit descend to them. Then the ruler is humbled and ministers become weighty.
Laws and orders are established to abolish private interests. When laws and orders are carried out, private ways are abolished. Private interests are what disorder the law. Scholars with divided loyalties and private schools, dwelling in caves and hidden paths, hiding and plotting, either condemn the age in large matters or confuse the people in small ones. If the ruler does not prohibit them, but honors them with name and transforms that honor into substance, they become prominent without merit and rich without labor. If this is so, how can scholars with divided loyalties and private schools fail to scheme deeply, strain their cunning, slander the laws, and seek what opposes the age?
Those who disorder superiors and oppose the age are usually scholars with divided loyalties and private schools. Thus the Ben Yan says: “What brings order is law; what brings disorder is private interest. When law is established, no one can act privately.” Hence it is said: “Those who follow private ways produce disorder; those who follow law produce order.” If the ruler lacks the proper way, the clever will have private arguments and the worthy will have private intentions. If superiors grant private favors, inferiors will harbor private desires. Groups of self-styled sages and wise men will fabricate speeches and present what violates law to their ruler. If the ruler does not block them, but honors them, he is teaching those below not to obey superiors or follow the law. Thus the worthy gain prominent names and dwell in honor, while the wicked grow rich on rewards. When the worthy gain prominent names and the wicked grow rich on rewards, the ruler cannot prevail over those below.
Note
This Han Feizi ‑ Chapter 45 (Gui Shi ‑ Perverting Directives) analyses three core state‑governing tools: benefit, authority and title. It blames disorder when rulers socially honour wrong conduct which undermines these Legalist instruments.
Guishi (诡使):
The title means “deceptive employment” or “perverse use of men.” It criticizes rulers who claim to value order but honor people who undermine it.
Benefit, authority , name (利、威、名):
These are Han Fei‘s three instruments of governance: material benefit to attract the people, authority to enforce commands, and “name” or proper titles to fix social and political hierarchy.
Private schools:
In the Warring States period, scholars often gathered disciples and taught independently of the state. Han Fei sees such “private schools” as sources of alternative values that compete with state law.
Two-hearted:
Literally “having two hearts,” meaning divided loyalty or disloyalty to the ruler.
Warriors versus entertainers:
Han Fei contrasts soldiers and farmers, who produce real state strength, with diviners, flatterers, and entertainers, who gain rewards without contributing to agriculture or war.
The Ben Yan (《本言》):
A lost or otherwise little-known text quoted by Han Fei. It states that order comes from law and disorder from private interest.
Legalism:
Han Fei represents the Legalist tradition, which emphasizes clear laws, strict rewards and punishments, centralized authority, and the suppression of private factions and non-state moral teachings.
诡使第四十五
圣人之所以为治道者三：一曰“利”，二曰“威”，三曰“名”。夫利者，所以得民也；威者，所以行令也；名者，上下之所同道也。非此三者，虽有不急矣。今利非无有也，而民不化上；威非不存也，而下不听从；官非无法也，而治不当名。三者非不存也，而世一治一乱者，何也？夫上之所贵与其所以为治相反也。
夫立名号，所以为尊也；今有贱名轻实者，世谓“高”。设爵位，所以为贱贵基也；而简上不求见者，谓之“贤”。威利，所以行令也；而无利轻威者，世谓之“重”。法令，所以为治也；而不从法令为私善者，世谓之“忠”。官爵，所以劝民也；而好名义不进仕者，世谓之“烈士”。刑罚，所以擅威也；而轻法不避刑戮死亡之罪者，世谓之“勇夫”。民之急名也，甚其求利也；如此，则士之饥饿乏绝者，焉得无岩居苦身以争名于天下哉？故世之所以不治者，非下之罪，上失其道也。常贵其所以乱，而贱其所以治，是故下之所欲，常与上之所以为治相诡也。
今下而听其上，上之所争也。而惇悫纯信，用心怯言，则谓之“窭”。守法固，听令审，则谓之“愚”。敬上畏罪，则谓之“怯”。言时节，行中适，则谓之“不肖”。无二心私学，听吏从教者，则谓之“陋”。
难致，谓之“正”。难予，谓之“廉”。难禁，谓之“齐”。有令不听从，谓之“勇”。无利于上，谓之“愿”。少欲、宽惠、行德，谓之“仁”。重厚自尊，谓之“长者”。私学成群，谓之“师徒”。闲静安居，谓之“有思”。损仁逐利，谓之“疾”。险躁佻反覆，谓之“智”。先为人而后自为，类名号，言泛爱天下，谓之“圣”。言大本，称而不可用，行而乘于世者，谓之“大人”。贱爵禄，不挠上者，谓之“杰”。下渐行如此，入则乱民，出则不便也。上宜禁其欲，灭其迹，而不止也，又从而尊之，是教下乱上以为治也。
凡所治者，刑罚也；今有私行义者尊。社稷之所以立者，安静也；而躁险谗谀者任。四封之内所以听从者，信与德也；而陂知倾覆者使。令之所以行，威之所以立者，恭俭听上；而岩居非世者显。仓廪之所以实者，耕农之本务也；而綦组、锦绣、刻画为末作者富。名之所以成，城池之所以广者，战士也；今死士之孤饥饿乞于道，而优笑酒徒之属乘车衣丝。赏禄，所以尽民力易下死也；今战胜攻取之士劳而赏不霑，而卜筮、视手理、狐虫为顺辞于前者日赐。上握度量，所以擅生杀之柄也；今守度奉量之士欲以忠婴上而不得见，巧言利辞行奸轨以幸偷世者数御。据法直言，名刑相当，循绳墨，诛奸人，所以为上治也，而愈疏远；謟施顺意从欲以危世者近习。悉租税，专民力，所以备难充仓府也，而士卒之逃事伏匿、附托有威之门以避徭赋而上不得者万数。夫陈善田利宅，所以战士卒也，而断头裂腹、播骨乎平原野者，无宅容身，身死田亩；而女妹有色，大臣左右无功者，择宅而受，择田而食。赏利一从上出，所善制下也；而战介之士不得职，而闲官之士尊显。上以此为教，名安得无卑，位安得无危？夫卑名位者，必下之不从法令、有二心无私学反逆世者也；而不禁其行、不破其群以散其党，又从而尊之，用事者过矣。上世之所以立廉耻者，所以属下也；今士大夫不羞污泥丑辱而宦，女妹私义之门不待次而宦。赏赐之，所以为重也；而战斗有功之士贫贱，而便辟优徒超级。名号诚信，所以通威也；而主掩障，近习女谒并行，百官主爵迁人，用事者过矣。大臣官人，与下先谋比周，虽不法行，威利在下，则主卑而大臣重矣。
夫立法令者，以废私也。法令行而私道废矣。私者，所以乱法也。而士有二心私学、岩居 路、托伏深虑，大者非世，细者惑下；上不禁，又从而尊之以名，化之以实，是无功而显，无劳而富也。如此，则士之有二心私学者，焉得无深虑、勉知诈与诽谤法令，以求索与世相反者也？凡乱上反世者，常士有二心私学者也。故《本言》曰：“所以治者，法也；所以乱者，私也。法立，则莫得为私矣。”故曰：道私者乱，道法者治。上无其道，则智者有私词，贤者有私意。上有私惠，下有私欲，圣智成群，造言作辞，以非法措于上。上不禁塞，又从而尊之，是教下不听上、不从法也。是以贤者显名而居，奸人赖赏而富。贤者显名而居，奸人赖赏而富，是以上不胜下也。
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