Chapter 74 of the Tao Te Ching

苏辙 Sū Zhé: When the government is tyrannical, inflicts cruel punishments, and the people do not know what to do, they do not fear death. When one would frighten them with the threat of death, it would be a useless thing.

But, when the people are happy under the government's rule, they love to live and constantly fear death. If someone incites the multitude to disorder, heaven abandons him, and I can give him death. It will be said that it was heaven who killed him and not me. But (B) it is a serious matter to decide the life of men! How could one kill them lightly?

李斯 Lǐ Sī: This chapter aims to show that penal laws of the age are ineffective for good governance. If the people truly fear death and someone does evil, it will suffice for me to kill this single man to frighten those who would be tempted to imitate him. But if the people's crimes increase in proportion to punishments and capital executions, it is evident (E: that the people do not fear death and) that one should not rely on punishments to bring order and peace. The princes of the 秦 Qín dynasty had recourse to the most rigorous torments; their laws were excessively severe, and the number of rebels and bandits increased infinitely. Conversely, the 汉 Hàn established gentle and lenient laws, and the entire empire came to submit to them.

Lit. "There always exists a presiding 司杀 sī shā, who kills".

It is heaven, says 欧阳修 Ōuyáng Xiū, that presides over capital punishment. It is only heaven that can kill men, just as the carpenter is the only one who can carve wood. If someone wants to replace heaven to kill men, it is like replacing the carpenter to carve wood. He who claims to carve wood in place of the carpenter cannot fail to hurt his hands. This comparison is meant to show that he who usurps the right to kill men necessarily suffers a host of misfortunes. Laozi speaks thus, says 林希逸 Lín Xīyì, because the princes of his time loved to kill men.

李斯 Lǐ Sī: Let heaven do its work: it sends happiness to virtuous men and misfortune to the wicked. Although it acts in secret, no culprit can escape it; but (B) if you want to replace heaven who presides over death, the capital punishment you inflict will backfire on you, and your heart will be torn with remorse.

解玄 Xiè Xuán: The Emperor 太祖高皇帝 Tàizǔ Gāohuángdì (founder of the 明 Míng dynasty, who ascended the throne in 1368) expresses himself thus in his preface to the 道德经 Dàodéjīng: From the beginning of my reign, I had not yet learned to know the way (the rule of conduct) of the wise kings of antiquity. I questioned men about it, and all claimed to show it to me. One day, as I tried to peruse a multitude of books, I encountered the 道德经 Dàodéjīng. I found its style simple and its thoughts profound. After some time, I came across this passage in the text: "When the people do not fear death, how can you frighten them with the threat of death?"

At that time, the empire was just beginning to pacify itself; the people were obstinate (in evil) and the magistrates were corrupt. Although ten men were executed on the public square every morning, in the evening there were a hundred others who committed the same crimes. Did this not justify Laozi's thought? From that moment on, I ceased to inflict capital punishment; I contented myself with imprisoning the culprits and imposing corvées on them. In less than a year, my heart was eased. I then recognized that this book is the perfect root of all things, the sublime master of kings, and the inestimable treasure of the people!