」孔子曰:「未可殺也。
“Kill them,” said Kangzi.
夫民不知子父訟之不善者久矣,是則上過也。
“They cannot be killed,” said Kongzi.
上有道,是人亡矣。
“The people have been ignorant of the wickedness of litigation between fathers and sons for a long time.
」康子曰:「夫治民以孝為本,今殺一人以戮不孝,不亦可乎?
This is the fault of those above.
」孔子曰:「不教而誅之,是虐殺不辜也。
When those above adhere to the Way, such people will disappear.” “Filial devotion is the basis of rule,” said Kangzi.
“If we kill a person in this case so as to put the unfilial to shame, wouldn’t that be acceptable?” “To execute people without instructing them,” said Kongzi, “is to slaughter the innocent.
三軍大敗,不可誅也;獄訟不治,不可刑也;上陳之教,而先服之,則百姓從風矣,躬行不從,而後俟之以刑,則民知罪矣。
When the Three Armies suffer a great defeat, execution may not be used; when civil cases are not properly adjudicated, punishments cannot be used.
夫一仞之牆,民不能踰,百仞之山,童子升而遊焉,陵遲故也。
When those above are the first to follow their teachings, the people will bend with the wind.
今是仁義之凌遲久矣,能謂民弗踰乎?
When punishments are imposed only after those above have personally exemplified their teachings, and people still fail to follow them, then they will know what their crimes are.
詩曰:『俾民不迷。
“A man, let us note, cannot get over a six-foot wall, but a child can climb and wander at will on a six-hundred-foot mountain11—this is because the ascent is gradual.
』昔者君子導其百姓不使迷,是以威厲而不試,刑錯而不用也。
In this case the decline in goodness has been gradual—dare we assert that the people will not transgress proper limits?
」於是訟者聞之,乃請無訟。
As is said in the Odes, ‘Cause the people not to go astray.’12 In former times people in high positions led their folk in such a manner that they did not go astray; they were fearsome without displaying their fearsomeness, and punishments, though in place, were not used.” When the litigants heard this, they begged leave to cease their litigation. “Kangzi” is Ji Kangzi 季康子, prime minister of Lu under Lord Ai; see n. 1.
“Six-foot wall” and “a six-hundred-foot mountain” are expressed in the original text as “a one-ren wall” and a one-hundred-ren mountain.” A ren 仞 was a unit of measurement equivalent to six or seven feet.