从前,有个叫孔子的智者,他说:“如果用政令来引导大家,用刑罚来约束大家,人们只会想方设法避免犯错受罚,却不会真正明白什么是羞耻。但如果用道德来教化大家,用礼制来约束大家,大家不仅会懂得羞耻,还会积极改正错误,走向正道。”
另一位智者老子也说:“真正的有德之人,并不总是表现得很有道德,而那些看似坚守道德的人,实际上可能并没有真正的道德。法令越严苛,反而会有越多的人去做坏事。”
史官司马迁赞同他们的观点,他说:“法律只是管理国家的一种工具,而不是根本原因。以前,国家的法律非常严格,但欺骗和虚伪的事情仍然层出不穷。最糟糕的时候,官员和百姓互相欺骗,导致国家陷入了困境。在这个时候,治理国家就像抱着木柴去救火,或者把开水从一个壶倒到另一个壶里,只有勇敢果断的人和严厉的法律才能解决问题。如果让主张道德的人来做这些事情,他们可能会做不好。”
所以孔子又说:“处理案件,我和别人没有什么不同,但我更希望人们能够和睦相处,不要产生争端。”
老子也说:“有些人听到真理后会哈哈大笑,但这并不意味着他们是正确的。”
在汉朝建立之后,政府减轻了刑法,让人们能够更加自由地生活。
虽然法律宽松,但是官员们仍然能够很好地治理国家,人民安居乐业。
这说明,教育和引导比严格的法律更重要。
后来,“吞舟之鱼都能从网中漏掉”这句话演变成了“漏网之鱼”这个成语。
它用来形容犯罪的人意外逃脱法律制裁,或者形容人在慌乱中逃跑的样子。
Once upon a time, there was a wise man named Kongzi. He said, "If we guide people with laws and约束 them with punishments, they will only try to avoid mistakes and punishment, but they won't truly understand shame. However, if we educate people with morals and constrain them with etiquette, they will not only understand shame but also actively correct their mistakes and walk on the right path."
Another wise man, Laozi, also said, "A truly virtuous person does not always appear virtuous, while those who seem to uphold virtue may not have true virtue. The stricter the laws are, the more people will do bad things."
The historian Sima Qian agreed with their views. He said, "Laws are just tools to manage the country, not the root cause. In the past, the laws of the country were very strict, but deception and hypocrisy still occurred everywhere. At its worst, officials and civilians deceived each other, causing the country to fall into困境. At this time, governing the country was like holding firewood to put out a fire or pouring boiling water from one pot to another. Only brave and decisive people and harsh laws could solve the problem. If moralists were to do these things, they might not do well."
So Kongzi said again, "In dealing with cases, I am no different from others, but I hope that people can live in harmony without disputes."
Laozi also said, "Some people laugh when they hear the truth, but that doesn't mean they are right."
After the Han Dynasty was established, the government relaxed the criminal law, allowing people to live more freely.
Although the law was lenient, officials were still able to govern the country well, and the people lived in peace and contentment.
This shows that education and guidance are more important than strict laws.
Later, the phrase 'even fish big enough to swallow a boat can escape the net' evolved into the idiom 'the fish that escaped the net'.
It is used to describe criminals who accidentally escape legal sanctions or to describe someone running away in panic.