"The Legalist system imposes severe punishments, on the one hand to deter those who may break the law, and on the other hand, to scare the people. It tries to intimidate people through cruel punishment methods, so that they become more obedient and easier to govern."
"It's like creating a cage full of thorns, allowing the people to live in the cage according to their rules only."
"In a certain period of time, the people endure living in the cage due to the pain of the thorns. But as the thorns in the cage become sharper and the space they can move in becomes smaller, and they are frequently scratched by them, will they still be willing to endure?"
"By that time, even the most severe punishments will not be able to deter them. People in the cage will not only be unafraid of the pain caused by thorns but also want to break out of the cage."
Li Nian brings up the matter about Han again, "The First Emperor of Han entered the Qin area initially and only made an agreement with the local people: those who commit murder shall be executed; those who cause harm and commit theft shall be punished. Besides, all the complicated laws and severe punishments in Qin Dynasty were abolished!"
"Once these three principles were announced, the people of Guanzhong were very pleased and enthusiastically supported Emperor Gaozu of Han."
"According to 'Shi Jing. Gaozu Ben Ji' in the Records of the Grand Historian: 'I made a pact with the elders: only three laws are to be observed - those who kill will be sentenced to death, those who injure or steal will be punished. All other Geng laws are to be abolished. All officials will remain in their posts as usual. The reason for my arrival here is to rid the elders of harm, not to commit any violence. Do not be afraid! Moreover, the reason for my return to Habei is to wait for the arrival of other lords and then establish rules and regulations.'"
He then sent people to the counties and towns of Qin to inform them. The Qin people were overjoyed, competing to offer cattle, sheep, wine, and food to entertain the soldiers. However, Pu Gong refused to accept them, saying, 'There is plenty of grain in the granaries; we are not lacking. I do not want to burden the people.' This further delighted them, and they were afraid that Pu Gong would not recognize the king of Qin."
Upon hearing these words, Ying Zheng's face turned somewhat red. He had not expected the people of Qin, who had long been familiar with the laws of Qin, to dislike them so much. It was only by making agreements with only three laws that Emperor Gaozu of Han was able to gain the hearts of the people of Qin."
Especially the sentence "only afraid that Pu Gong will not be the king of Qin," like a knife stabbing in Ying Zheng's heart.
Although the Han Gaozu had entered Guanzhong by the time he died, and he was no longer governing the state of Qin, and it's possible that the Qin laws had been modified, they were not as they are now, Qin was still his country, and it was his descendants who were the kings responsible for the fall of the Qin Dynasty.
"The Records of the Grand Historian written by Tai Shu Gong is not extremely objective. The King need only listen and not take it too seriously."
He also knew that the sentence "only afraid that Pu Gong will not be the king of Qin" was too hurtful. Li Nian comforted Ying Zheng with a word and continued: "Excessive punishment is not advisable, but too light punishment is also not acceptable. Too light punishment will fail to deter those who may break the law, especially merchants."
"Merchants seek profits, and when they believe that the benefits they gain are greater than the risks they must undertake, they are more likely to break the law than ordinary people."
"Too light punishment cannot protect those who follow the law, such as when someone commits looting but is not severely punished with severe punishment, instead with a small fine. Is this fair to those who are honest and accumulate wealth through hard work? If this continues, who will earn their fortune through hard work and effort, rather than resorting to looting?"
"Therefore, the law must maintain a proper degree. It cannot be too harsh or too lenient. It should make those who break the law feel pain, alert those who have not broken the law, and prevent those who break the law from becoming desperate and committing greater crimes. Of course, some crimes cannot be easily forgiven, such as treason or murder."
"The most important point in what I have said to guide the people to 'abide by the laws and regulations' is to make the people feel the benefits of the law! During Marquis Xiaogong's time, the Qin laws were recognized by the old Qin people because they could see the benefits that these laws brought to them. Now, the positive feelings generated by the Qin laws have gradually worn off, leaving only fear and aversion."
"The benefits of the law, such as for farmers, allowing them to have a stable environment to cultivate, without having to worry about being robbed of their land today or taken over by others tomorrow. For merchants, it ensures they will not be inconvenienced by officials when conducting business and will not be preyed upon by bandits when traveling for trade. Moreover, if someone purchases faulty or inferior goods from a merchant, the law can right the wrongs and make the merchant pay for their actions."
"Once the people have experienced the benefits of the law, they will proactively abide by and uphold it, as most people other than a very small minority desire to live in peace and stability."
"Abiding by laws and regulations is also beneficial for 'loving one's country and being loyal to the king.' Your Majesty could incorporate 'loving one's country and being loyal to the king' into the laws, making it illegal not to love one's country or be loyal to the king."
Ying Zheng has recovered from the "only afraid that Pu Gong will not be the king of Qin," and hearing this, his eyes brightened. Although other things don't matter, this one can definitely be implemented. Whoever does not remain loyal to Qin, whoever does not remain loyal to me, is guilty of breaking the law.
After listening to Li Nian talk for so long, Ying Zheng felt that some of his words made sense, but these were just empty talk about principles. The question was how to put them into practice?
Ying Zheng asked eagerly, "In your opinion, how should we guide the people?"
Li Nian quickly noticed the way Ying Zheng addressed him. From the way he referred to him, Ying Zheng seemed to have a good impression of him. However, Li Nian did not feel particularly happy. Instead, he kept himself calm and warned himself in his heart:
Li Nian, Li Nian, never let your guard down and become overconfident just because the First Emperor treats you well for a while. The First Emperor is also a king, a fierce tiger that eats people. Don't be fooled by his kindness now; he might turn his back on you at any moment. Treat emperors with respect and don't treat them like ordinary people."
The royal family is the most unfeeling; serving a king is like serving a tiger!
Facing an entity that controls one's life and death, Li Nian believes that there should be reverence, and the king should not be treated as an idiot. One should not think that they are superior to the king just because they come from the future.
Don't be fooled by the First Emperor's apparent trust in him now. How could an emperor like the First Emperor easily believe others?
According to Li Nian's own estimation, the First Emperor currently can only trust him about 30%. It will only be when he successfully produces paper and grows potatoes, and the First Emperor actually experiences these, that his trust will increase.
Li Nian took a deep breath, calming his thoughts, and said, "Returning to Your Majesty, to guide the people, I believe it is necessary to achieve two points: Firstly, the official sector must take the initiative to guide. The official sector includes Your Majesty, all officials of Qin Dynasty, and officials in various places. Secondly, we should awaken the intelligence of the people so that they have the ability to distinguish right from wrong."
Upon hearing the words "awaken the intelligence of the people," Ying Zheng's eyes subtly narrowed without any expression.
This is because in the school of legalism, the people should not be too intelligent. They only need to follow the orders of the king without needing to have too many ideas.
The people should be kept unenlightened for easier control!
Li Nian said, "What I mean by the official sector taking the initiative to guide is not only to lead the people in the direction Your Majesty desires, such as guiding them to 'love their country and be loyal to their king, abide by laws and regulations,' but also to prevent any conspiracy that could lead the people astray."
"If someone is dissatisfied with the First Emperor and the Qin Dynasty, and wants to incite the people to cause chaos, they will constantly spread various rumors that are unfavorable to the Qin Dynasty. Initially, the people may not believe them, but as time goes on and no one comes out to correct these rumors, what do you think will happen?"
Ying Zheng thought of the classic story from the "Strategies of the Warring States," and replied, "It's like the saying goes, 'Three men can make a tiger out of a bamboo stalk!'"
Li Nian said, "That's exactly right. Although six countries have been conquered, many of the nobles of those six countries still have influence among the people in those countries. If they were to spread rumors against the First Emperor and the Qin Dynasty..."
Upon hearing this, a glint of cold light flashed in Ying Zheng's eyes.
