Practicability
In addition to these features,rulesshouldbe practicable. Wheneverthey
are found impracticable, they should be revised with reference to the
real situation to make them appropriate and practicable. Hanfei said:
The tasks to be accomplished will change when the world changes, so the
method for doing the task should be changed as a result. (Surmising the
mentality of the people)^30
In order to secure peace and order of state, the law has to be adjusted to fit
the changes of time; in order to achieve extraordinary merits, the regulation
has to be modified to fit conditions of the world. (Surmising the mentality of
the people)^31
It seems to Hanfei that law is just an instrument or method for
solving problems to achieve goals of the state. Because the external
environment of a state changes from time to time, the methods or
procedures fordoing tasksinthestatemust alsobe adjustedaccordingly.
The kingdom may fall into a state of chaos, if the rules of regulation cannot
be adjusted to the changes of time; the power of a leader may be weakened if
he attempts to control his subordinates by himself without modification of
the regulations. (Surmising the mentality of the people)^32
Shu:art of manipulation
Based on this concept offa, Hanfei proposed three main techniques,
defined asshu,for a ruler to manipulate subordinates:
Shumeans assigning the competent talents to right positions of the govern-
ment, checking results of performance with what had been stated in their
proposals, controlling the power of sparing and killing to evaluate compe-
tencies of ministers. Those should be held by a ruler. (Deciding between two
legalistic doctrines)^33
These threeshuare discussed in the following subsections.Assigning competent talent to the right position
In his chapter ‘‘How to use men’’ Hanfei wrote a paragraph to describe
his main ideas about assigning competent talent to the right position:
The minister of an enlightened government occupies a position for his
contribution to the state; gets appointment for his talents to serve the
120 Kwang-kuo Hwang