74

If people no longer fear death what good is threatening to kill them if people truly fear death and some act perverse and we catch and kill them who else would dare as long as people fear death the executioner will exist to kill in the executioner’s place is to cut in the carpenter’s place those who cut in the carpenter’s place seldom escape with hands intact

YIN WEN says, “Lao-tzu asks, if people are not afraid to die what good is threatening to kill them? If people are not afraid to die, it is because punishments are excessive. When punishments are excessive, people don’t care about life. When they don’t care about life, the ruler’s might means nothing to them. When punishments are moderate, people are afraid to die. They are afraid to die because they enjoy life. When you know they enjoy life, then you can threaten them with death” (Yinwen: 2).

LI HSI-CHAI says, “This implies that punishments cannot be relied upon for governing. If people are not afraid of death, what use is threatening them with execution? And if they are afraid of death, and we catch someone who breaks the law, and we execute them, by killing one person we should be able to govern the rest. But the more people we kill, the more people break the law. Thus, punishment is not the answer.”

MING T’AI-TSU says, “When I first ascended the throne, the people were unruly and officials corrupt. If ten people were executed in the morning, a hundred were breaking the same law by evening. Being ignorant of the Way of the ancient sage kings, I turned to the Taoteching. When I read, ‘If people no longer fear death / what good is threatening to kill them,’ I decided to do away with capital punishment and put criminals to work instead. In the year since then, the burdens of my heart have been lightened. Truly, this book is the greatest teacher of kings.”

WU CH’ENG says, “‘Perverse’ means ‘unlawful.’ If those who act perverse and break the law do not meet with misfortune at the hands of Humankind, they will certainly be punished by Heaven.”

HO-SHANG KUNG says, “If rulers teach according to the Tao and people respond with perversion instead, rulers are within their rights to arrest them and kill them. Lao-tzu, however, was concerned that rulers should use the Tao first before turning to punishment.”

LU HUI-CH’ING says, “The meaning of ‘the executioner will exist’ is the same as ‘the Net of Heaven is all-embracing / its mesh is wide but nothing escapes’ [verse 73]. The executioner is Heaven.”

SU CH’E says, “Heaven is the executioner. If the world is at peace and people engage in perversity and rebellion, then surely they have been abandoned by Heaven. If we kill them, it is Heaven who kills them and not us. But if we kill those whom Heaven has not abandoned, we take the executioner’s place. And anyone who takes the executioner’s place puts themselves within reach of his ax.”

THE LUSHIH CHUNCHIU says, “A great carpenter does not cut” (1.4).

MENCIUS says, “The wise are not alone in desiring something greater than life and hating something greater than death. This is true of everyone. But the wise don’t forget it” (Mencius: 6A.10).

Line seven appears only in the Mawangtui texts, but it seems needed to complete the meaning of line eight. At the end of line eight, the Fuyi and Wangpi editions add an extra sha (kill). I have followed the Suotan, Chingfu, and Mawangtui texts in omitting it. This verse is not present in the Kuotien texts.