Northern Song Dynasty Justice

Chapter 349 The road is a long way to go



Chapter 349 The road is a long way to go

Chapter 349 The road is a long way to go

This class is really more and more frightening.

In fact, when Zhang Fei preached the Law of the School at first, these scholar-officials were very happy. Zhang Fei's teaching of the School's Law was not a law at all, almost negating the Law of the Legalist from the perspective of legal principles.

Very well said.

So true.

In fact, during the period of the Northern Song Dynasty, Confucianism had not fully unified the Jianghu. Wang Anshi's reform was actually an impact of Legalism on Confucianism. Although Wang Anshi was not pure Legalism, he represented a new school of thought. His The New Deal also contained some Confucianism, but his methods were obviously more legalist.

He is not afraid of changes in the sky, his ancestors are not lawful, and people's words are not compassionate. This is fundamentally contradictory to traditional Confucianism, but it is quite consistent with Legalism.

This is also why many upright ministers opposed Wang Anshi's reform.

this is too scary.

As Zhang Fei said, as long as legalist law is adopted, power must be concentrated.

However, after two generations of Zhenzong and Renzong, the idea that the emperor and the scholar-bureaucrats ruled the world together has been deeply rooted in the hearts of the people.

The emperor suddenly wanted to centralize power again, and of course the ministers would object.

But as he was talking, Zhang Fei suddenly changed the topic and talked about Confucianism.

The most important thing is that Zhang Fei did not describe the Confucian method as the optimal solution.

You can say that the Confucian method is flawed, but you cannot say that the Confucian method is not the optimal solution.

Therefore, the scholar-bureaucrats began to get restless.

However, it was not the same, and Zhang Fei sent him back with a single sentence.

In fact, there are many explanations for "Punishment is not for scholar-bureaucrats", and they can be explained very beautifully. For example, scholars can be killed but not humiliated. It does not mean that scholar-bureaucrats cannot be punished.

Many words seem to be wise words, but when they are actually implemented, it is another matter.

With the talents of these scholar-bureaucrats, he can come up with a hundred reasons to make Zhang Fei speechless.

However, these scholar-bureaucrats still want to take advantage of this privilege, so they are unwilling to argue with Zhang Fei on this issue.

It's a pity that Zhao Xu was unmoved.

Academic theory, harmless.

The scholar-bureaucrats were also guessing what Zhao Xu was thinking.

The atmosphere in the classroom suddenly became very strange.

Each has his own ghosts.

Zhang Fei said: "Actually, it is incorrect and unfair to compare the Confucian law with the law of the legal system."

What?

Do you want to look back?

late.

The literati and bureaucrats don't buy it, they are fierce and evil.

That sentence can't be punished by a doctor has offended too many people.

The students didn't buy it either, so Shangguan Jun said contemptuously, "Are you afraid?"

I have to say, the words turned a little too bluntly.

"Academic theory, how can you be afraid to talk about it?"

Zhang Fei said with a smile: "Academic theory emphasizes rigor. Didn't I just emphasize that the laws of the Legalists and the laws of the legal system are not the same thing?"

Some students nodded slightly.

That's the question at the beginning.

Zhang Fei said: "Afterwards I explained that Confucian law and Legalist law are essentially the same, so in other words, Confucian law and legal law are not the same thing. Comparing together, there is no reason to compare people with dogs."

These words were indeed spoken by Zhang Fei, but this confused everyone again.

Cai Bian asked, "Since that's the case, why did you compare again just now?"

Zhang Fei immediately said: "I didn't compare the two, it was you who did the comparison, which almost misled me and caused quite a misunderstanding. You guys are either stupid or bad."

".!"

Cai Bian and others are all stupid. You are obviously the one who said that if you make the scholar-bureaucrats unhappy, it will be our fault. You are too shameless.

"Why are you looking at me like that?"

Zhang Fei said: "What did I say just now, I said that the Confucian law is to be more biased towards the legal system, isn't it?"

"Isn't this an analogy?" Cai Bian asked.

Zhang Fei asked back: "Is this an analogy?"

".!"

Cai Bian thought about it carefully, it seems that it is really not.

Zhang Fei went back to the wooden board again, "If you really can't understand it, you can understand that the law of the legal system is the end, and the law of Confucianism and the law of Legalism are two contestants, and they are both heading towards the end."

Yan Fu snorted angrily, "You are clearly taking this opportunity to elevate your legal system and belittle the Confucian law."

Zhang Fei asked with a smile: "If the emperor breaks the law and commits the same crime as the common people, does the old man think it is right or wrong?"

As soon as these words came out, the audience fell silent.

Even students who are not afraid of tigers as newborn calves can't help but keep silent.

This time they understood.

That strange flower, Xu Zun, is also trembling at the moment, this father-in-law is not easy to be!

But except for him, the rest of the scholar-bureaucrats were very calm, and secretly glanced at Zhao Xu, a little gloating.

Let you stop you if you don't stop, well now, he is coming directly at you.

You really deserve it!

Zhao Xu did not show any anger, but instead smiled and asked Zhang Fei: "The emperor broke the law and committed the same crime as the common people. Do you think this is right or wrong?"

At this time, only he dared to speak.

"Of course you are right." Zhang Fei replied.

Zhao Xu snorted, "I would like to hear more about it."

Zhang Fei said: "Actually, Mencius has already made this point clear. Those who gain the way will be helped more than those who have lost the way. What is meant by 'Tao', isn't it the consensus of the people to defend their legitimate rights and interests? This is the law of the rule of law."

Can you still explain it like this?

Sima Guang, Wen Yanbo and other great Confucians couldn't help but fell into deep thought again.

It seems to make sense, but it is somewhat different from their previous understanding.

Zhao Xu asked again: "Since it is right, why has no one been able to do it since ancient times."

"Because it's hard."

Zhang Fei said, looked at Ye Zuqia again, and said: "Before he said that as long as he abides by the law, the world can be governed well, I said that he is more powerful than a saint, because a saint can only flinch from this. We can get a glimpse of this point in the competition between Confucian law and Legalist law."

Everyone looked at Zhang Fei expectantly.

When it comes to the law of system, they are actually still a little confused, but when it comes to the dispute between Confucianism and Legalism, they really don't know much about it.

Zhang Fei came to the board, "When it comes to competition, there must be a standard, so let's use the legal system as the standard to discuss the dispute between Confucian law and Legalist law.

Now we know the result. It was the Confucianism that defeated the Legalism. The Legalism only shined in the Qin Dynasty, but after the second generation, there was no such system as the Qin Dynasty.

And the reason we just said is almost the same, why the Qin Dynasty II died, that is, the law of legalism completely replaced the law of the legal system, every law of the Qin Dynasty is to defend the interests of the monarch, there is no individual legitimate rights and interests, thus violating the consensus of all people and becoming a lawless country.

Therefore, the Qin Dynasty only appeared to be united, but in fact the monarch and the people had long been separated from each other, and they would inevitably perish quickly.So.Has the law of Confucianism replaced the law of the legal system? "

".!"

The students were silent.

"Do you have?"

Zhang Fei asked again.

Fu Bi suddenly replied: "No!"

Zhang Fei immediately asked: "Why?"

Fu Bi replied: "Because most Confucian laws are not laws and regulations, but rituals."

"correct."

Zhang Fei nodded. Unexpectedly, the old man's thinking was quicker than that of the young people. He looked at the group of unsatisfied students and said, "You must remember that the law of Legalism has completely replaced the law of legalism, because Every decree in the legalist law is mandatory and compulsive, which is precisely the characteristic of the legal system, so the relationship between the two is substitution.

Most of the time, the Confucian law is educational rather than coercive. Although many morally corrupt people in the world are excluded and despised, they will not be punished by punishment.The law of the rule of law is still playing some role in safeguarding the legitimate rights and interests of individuals.

Comparing the two, it is obvious that Confucian law is superior, because Confucian law is closer to legal law, and virtue and law have many things in common. "

After these words, everyone was enlightened.

The dispute between Confucianism and Legalism has lasted for thousands of years.

Although Confucianism is strong now, it is not the first in the bottom text, and from an academic level, it has not won a result.

For one reason, there is no one standard.

Now Zhang Fei puts the law of the legal system in the middle as the standard. From this comparison, we know that the law of Confucianism is definitely higher than the law of Legalism.

The victory of Confucianism was inevitable.

Shangguan Jun said: "Isn't this very good?"

"Yes!"

Zhang Fei said: "I have never said that Confucianism is not good. At present, Confucianism is actually the best solution. You think I am saying that Confucianism is not good."

".!"

A group of scholar-bureaucrats stroked their beards and looked at each other.

They were very excited just now because Zhang Fei emphasized that the law of the legal system is better than the law of Confucianism. It is a dispute between the two laws.

But there seems to be a difference between high and low.

Tangled ah!

Zhao Xu suddenly said: "But the Confucian law is only close to the law of the legal system, not the law of the legal system."

"Yes."

Zhang Fei nodded.

Zhao Xu asked again: "Since there is a better governance method, why not do it?"

Sima Guang and Xu Zun could not help but shiver.

This problem is terrible!

Just because the emperor asks this question doesn't mean he thinks so.

Don't talk nonsense, kid!

In fact, they all know the answer, but no one has ever dared to touch this bottom line.

But having said that, the Song Dynasty was already quite good, after all, there was still the idea of ​​the emperor and the scholar-bureaucrats ruling the world together.

It doesn't matter whether a scholar-bureaucrat is good or bad, it's better than just one person.

"It's because of it."

Zhang Fei pointed to the bottom of the board and said.

Zhao Xu stared at it, surprised and said: "The law of the rule of law."

Everyone was also taken aback, isn't it a standard?How could the problem be with it.

"That's right!" Zhang Fei nodded, and suddenly asked back: "I have the courage to ask the officials, is there a country before a family, or a family before a country?"

".!"

Zhao Xu was startled, and then pondered for a while, but still had no answer, and couldn't help but look at the surrounding ministers, but everyone was silent and avoided his gaze, so he asked Zhang Fei again: "What are you doing?" Do you think there is a country first, or a family first?"

Zhang Fei said: "I think if there is a distinction, then this problem can be easily solved, but the problem is that the two coexist and cannot be distinguished.

And as I said before, whether it is the law of Legalism or the law of Confucianism, it is the method for the monarch and ministers to govern the country. It is for the interests of the country and also represents the interests of the monarch. The law of the legal system is to defend the legitimate rights and interests of individuals. , for personal gain.

The two are me in you and you in me, but at the same time there is a fundamental contradiction, which is very obvious in taxation.

The amount of taxation directly reflects the interests of the country and individuals. Sometimes the taxation is less and the country dies, but sometimes the taxation is too much and the country is also dead. "

When it comes to taxation, everyone is suddenly enlightened and understands it instantly.

That's what happened.

Zhang Fei went on to say: "Nowadays Confucianism dominates, and the law of the legal system is supplemented. Once national interests and personal interests are in dispute, the issues are all concentrated on the monarch and ministers, and the discussion is about who will make concessions to whom.

If you meet a wise king, you can handle this problem well, and the country will inevitably be strong, but once you meet a foolish king, it will be completely over.Tang Xuanzong is the most typical representative.

If the law of the rule of law dominates, then you can stick to this bottom line, and you can fly to the sky when you meet a wise king, but even if you meet a foolish king, you will not immediately ruin the country and family, and you can leave a lot of room for maneuver. "

Zhao Xu couldn't help saying: "Comparing this way, it is obvious that the legal system is better."

Zhang Fei nodded and said: "In theory, it is correct to say so, but the Confucian law can make concessions to the law of the legal system, and the monarch can easily solve some problems. But the law of the legal system is very difficult. Concession to the Confucian law, because the law of the legal system is a consensus to defend individual rights and interests, not a certain person has the final say.

Once the country is threatened, but no one is willing to pay an extra penny in taxes, what should we do?In the end, it may be that everything is destroyed, the country is destroyed and the family is destroyed. "

Zhao Xu was confused again, "In this case, there is no way to achieve this legal system."

"Yes, but it's very difficult." Zhang Fei said: "Actually, before my dynasty, there was almost no hope, but my dynasty is possible."

Zhao Xu hurriedly asked, "How do you say that?"

Zhang Fei said: "It's the ancestral law of our dynasty, which is to prevent things and control them. As long as the legal system can meet the requirements of the ancestral law, it can basically be realized."

Everyone couldn't help straightening their backs slightly, showing a little bit of pride.

Zhao Xu was also surprised and said, "Really?"

Isn't the law of the ancestors to maintain the imperial power?

Zhang Fei nodded: "Prevent things and control them. This is a very high standard, because there is a precautionary thinking in it, that is, you have to think about everything first. Then apply it to the law of the rule of law." , You have to imagine, when you encounter any difficulties, what regulations can be activated to make special responses, including, when you encounter any new problems, what regulations can be activated to add regulations.

The law of Confucianism is to find a solution after encountering problems, while the law of the legal system is to consider these problems clearly beforehand, and has very high requirements for every law.

Today's legal system can't solve these problems at all. If the legal system dominates now, it will definitely be over, because it requires many geniuses to continuously improve, of course. "

Zhang Fei glanced at the faces of the students, "I'm not referring to these self-righteous but very stupid guys. But anyway, this is why we study law."

(End of this chapter)


Tip: You can use left, right, A and D keyboard keys to browse between chapters.