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Legalism -> Shang Jun Shu -> Policies -> 3

If a state is in disorder, it is not because the law is disorderly, but because its law is not applied.
使All states have laws, but there are no laws that guarantee that the laws are practised.
All states have laws that prohibit crime and wickedness, and that punish thieves and robbers,
使but there are no laws that guarantee that criminals and wicked people, thieves and robbers, are caught.
If those who commit crimes and wickedness, theft and robbery,
are punished with death,
and if, in spite of this, crime and wickedness, theft and robbery do not cease,
then it is because they are not always caught.
If they are always caught, and if, in spite of this, there still remain criminals, wicked people, thieves and robbers, then it is because punishments are too light.
If punishments are light,
one cannot exterminate them;
but if they are always caught,
then those who are punished will be numerous.
Therefore, a good ruler
punishes the bad people,
but does not reward the virtuous ones,
so, without being punished, the people will be virtuous,
and the reason of this is that punishments are heavy.
When punishments are heavy,
people dare not transgress,
and therefore there will be no punishments;
because none of the people will dare to do wrong,
everyone in the whole country will be virtuous,
so that without rewarding the virtuous,
the people will be virtuous.
That the rewarding of the virtuous is not permissible is because it is like giving rewards for not stealing.
Therefore, a good ruler
使 succeeds in making a man like Zhi trustworthy;
伯夷how much more, then, a man like Bo Yi;
An incapable ruler
使伯夷 makes a man like Bo Yi mistrustful,
how much more a man like Zhi!
If conditions are such that one cannot commit crimes,
then even a man like Zhi will be trustworthy;
but if conditions are such that it is possible to commit crimes,
伯夷 then even a man like Bo Yi will be mistrustful.


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