Chapter 31: Fearing That the Duke of Pei Would Not Become the King of Qin

"The Legalist school imposes severe punishments partly to deter potential lawbreakers, and partly to intimidate the populace. They attempt to use brutal methods to frighten the people into submission, thereby facilitating governance."

"This is equivalent to building a cage filled with thorns, where the people are allowed to live only according to the rules set by their captors."

"For a time, the people may endure life within the cage, fearing the pain of the thorns. But as the thorns grow sharper and the space for movement within the cage shrinks, causing them constant pain, will they still be willing to endure it?"

"When that moment comes, even the harshest punishments will fail to deter them. It will only cause those inside the cage to disregard the pain of the thorns and shatter the cage itself."

Li Nian then spoke of the Han Dynasty. "When the founding Emperor of Han first entered the Guanzhong region, he established only three simple laws with the people: he who kills shall die; he who injures or steals shall be punished accordingly. Beyond these, all the harsh and cumbersome laws of the Great Qin were abolished."

"With these three rules in place, the people of Guanzhong were overjoyed and rallied to support the Emperor of Han."

"The *Records of the Grand Historian: Annals of Emperor Gao* records: 'I made a pact with the elders: there are only three laws: he who kills shall die, and he who injures or steals shall be punished. All other Qin laws are abolished. All officials and citizens shall remain in their homes as before. My purpose in coming is to remove harm for the elders, not to oppress or violate; have no fear! I have returned my troops to Bashang to await the arrival of the feudal lords and establish a new order.' He then sent men with Qin officials to visit the counties and townships to convey this message. The people of Qin were delighted and vied to bring cattle, sheep, wine, and food to entertain the soldiers. The Prince of Pei refused them, saying, 'The granaries are full; there is no shortage, and I do not wish to burden the people.' The people were even more pleased, fearing only that the Prince of Pei would not become the King of Qin."

Upon hearing this, Ying Zheng’s expression darkened. He had not expected that the laws of the Great Qin were so detested even by the original Qin people, and that the founding Emperor of Han had won their hearts with just three simple laws.

The phrase "fearing only that the Prince of Pei would not become the King of Qin" struck him like a dagger to the heart.

Although he had passed away long before the Han Emperor entered Guanzhong and was not the one governing at the time—and the Qin laws might have been altered from their original state—the Great Qin was ultimately his empire, and the monarch who oversaw its downfall was his descendant.

"The Grand Historian’s *Records* are not entirely objective. Your Majesty should listen with discretion; there is no need to take it too literally."

Realizing that the comment about the Prince of Pei was particularly stinging, Li Nian offered a word of comfort to Ying Zheng before continuing: "While excessive punishment is inadvisable, leniency is equally flawed. If punishments are too light, they cannot deter potential offenders, especially the merchant class."

"Merchants are driven by profit. When they perceive that the potential gain outweighs the risk, they are more prone to breaking the law than the average person."

"Excessive leniency also fails to protect law-abiding citizens. If robbery is not strictly punished, but met with only minor penalties, is that fair to those who work honestly to accumulate wealth? In the long run, who would bother to earn a living through diligence when they could simply resort to plunder?"

"Therefore, the law must maintain a proper balance—neither too harsh nor too lenient. It must make the offender feel the pain and warn those who have not yet transgressed, without driving the lawbreaker to desperate measures that lead to greater disasters. Of course, certain crimes, such as treason or murder, must never be lightly forgiven."

"The most critical point in guiding the people to 'obey the law' is to let them feel the benefits of the law itself! During the time of Duke Xiao, the Qin laws were accepted by the people because they could clearly see the benefits. Today, that goodwill has been eroded, and naturally, only fear and resentment remain."

"The benefits of the law, for instance, mean providing farmers with a stable environment for cultivation, without fear of having their fields seized or homes occupied. For merchants, it means not being harassed by officials or encountering bandits while traveling. For those purchasing goods from merchants, it means that when they buy defective products, the law provides a path to justice, ensuring the merchant pays the price."

"Once the people perceive these benefits, they will voluntarily observe and uphold the law. After all, with few exceptions, most people desire a peaceful and stable life."

"'Obeying the law' also benefits 'patriotism and loyalty to the sovereign.' Your Majesty could incorporate 'patriotism and loyalty' into the law; to be unpatriotic or disloyal would be a crime."

Ying Zheng, having recovered from the sting of the earlier anecdote, felt his eyes brighten. Regardless of anything else, this was something he could certainly implement: whoever was disloyal to the Great Qin or to him personally would be a criminal.

Having heard so much from Li Nian, Ying Zheng felt there was truth in these words, yet they remained abstract. How, specifically, was this to be done?

Ying Zheng asked eagerly, "In your view, how should the people be guided?"

Li Nian keenly noted the change in how Ying Zheng addressed him. From the tone, it seemed the First Emperor’s impression of him was improving. However, Li Nian felt no joy; instead, he calmly warned himself inwardly:

*Li Nian, do not get carried away just because the First Emperor is treating you well for the moment. He is a monarch, a man-eating tiger. Do not be fooled by his current favor; he could turn ruthless at any moment. Do not mistake an emperor for an ordinary person.*

*There is no sentimentality in the imperial house; serving a monarch is like sleeping beside a tiger!*

Facing a being who held power over his life and death, Li Nian knew he must maintain a sense of awe. He could not treat the monarch as a fool, nor could he assume that because he came from a future era, he held any innate superiority.

Even if the First Emperor appeared to trust him now, how could such an emperor truly trust anyone easily?

Li Nian estimated that the First Emperor currently trusted him no more than thirty percent. Only after he produced paper and successfully cultivated potatoes—allowing the Emperor to see tangible results—would that trust begin to grow.

Li Nian took a deep breath, smoothing his inner thoughts, and replied, "Your Majesty, to guide the people, I believe two things are necessary: First, the government must take the initiative in guiding them—the government being Your Majesty, the ministers of the Great Qin, and local officials. Second, we must enlighten the minds of the people so that they possess the ability to discern right from wrong."

Upon hearing "enlighten the minds of the people," Ying Zheng’s eyes narrowed imperceptibly.

According to Legalist doctrine, the commoners should not be too intelligent. They needed only to act according to the monarch's commands; they did not need to have so many thoughts of their own.

*A foolish populace is easier to control!*

Li Nian continued, "When I say the government must take the initiative, I mean guiding the people toward the path Your Majesty desires—such as 'patriotism and loyalty'—while simultaneously preventing others from conspiring to do harm or leading the people astray."

"If someone is dissatisfied with Your Majesty and the Great Qin and wishes to incite the people to rebellion, they will constantly spread rumors detrimental to the state. At first, the people may not believe them, but as time passes, if no one comes forward to correct these rumors, what does Your Majesty think will happen?"

Ying Zheng recalled an allusion from the *Strategies of the Warring States* and replied, "Three people can create a tiger!"

Li Nian nodded. "Exactly. Although the six states have been destroyed, many of their former nobles still exist. They still hold prestige among the people of those states. If they were to spread rumors about Your Majesty and the Great Qin..."

Hearing this, a flash of cold light passed through Ying Zheng's eyes.