Han Feizi – Chapter 48.8

If a ruler displays “righteous conduct,” his authority is divided; if he listens out of kindness and benevolence, legal institutions are ruined. The people should fear superiors through regulation, and superiors should keep inferiors humble through positional power. If inferiors become reckless and defiant, and regard slighting the ruler as honorable, the ruler’s authority is weakened.

The people should find it difficult to offend superiors because of law; yet if the ruler bends the law for the sake of benevolence, inferiors will openly pursue a politics of bribery and private favor, and the law will collapse. To honor private conduct is to split the ruler’s authority; to practice bribery is to confuse the law. If the ruler accepts such behavior, disorder follows; if he rejects it, slander arises. The ruler then becomes slighted in his position, and law becomes disordered among officials. Such a state is called a “state without constancy.”

The way of an enlightened ruler is this: ministers may not gain honor through private righteousness, nor claim merit through family interest. All merit and fame must arise from official law. Beyond the scope of law, even difficult or extraordinary acts should not be publicly honored, so that people cannot build private reputations. The ruler establishes laws to regulate the people, uses trustworthy reward and punishment to exhaust their abilities, and clarifies blame and praise to encourage and discourage. Titles, reward and punishment, and laws and ordinances form three supporting corners. Thus, when ministers act, they honor the ruler; when common people achieve merit, they benefit the ruler. This is called a “state that possesses the Way.”

Note

This Han Feizi ‑ Chapter 48.8 condemns private‑righteousness and benevolence overriding statutes. It argues honor and merit must stem solely from state law. Titles, rewards‑punishments and decrees form three pillars for building a well‑ordered “state possessing the Way”.

Righteousness as a political danger:

In Confucian thought, Righteousness is often a positive moral virtue. Han Fei, however, warns that private “righteousness” can compete with the ruler’s authority. If people gain fame by acting morally outside the law, they may disobey official commands.

Benevolence and law:

Han Fei does not reject kindness as a personal feeling, but he rejects using it to override law. For him, legal consistency is more important than occasional mercy.

State without constancy (无常之国):

This means a “state without constancy,” where rules change unpredictably and private influence outweighs public law.

Three corners (三隅):

Titles, reward and punishment, and laws together form the framework of governance. If one corner fails, the whole system becomes unstable.

Private merit versus official merit:

Han Fei wants all honor to flow from the state. He fears that private fame can create alternative centers of loyalty.

　　八、主威

　　行义示则主威分，慈仁听则法制毁。民以制畏上，而上以势卑下，故下肆很触而荣于轻君之俗，则主威分。民以法难犯上，而上以法挠慈仁，故下明爱施而务赇纹之政，是以法令隳。尊私行以贰主威，行赇纹以疑法，听之则乱治，不听则谤主，故君轻乎位而法乱乎官，此之谓无常之国。明主之道，臣不得以行义成荣，不得以家利为功，功名所生，必出于官法。法之年外，虽有难行，不以显焉，故民无以私名。设法度以齐民，信赏罚以尽民能，明诽誉以劝沮。名号、赏罚、法令三隅。故大臣有行则尊君，百姓有功则利上，此之谓有道之国也。