Northern Song Dynasty Justice

Chapter 383 Morality and Criminal Law

What?
Ethics under the law of the rule of law?

you..

This sentence immediately provoked many people present to want to swear.

I have never seen such a brazen person.

Fu Bi was also amused by Zhang Fei's IQ.

Can you still play like this?

The question he raised before was also what the people present were looking forward to.

Anyone who has a little understanding also knows that there is a fundamental contradiction between the concept of the law of the rule of law and the principles of ethics.

The three cardinal principles are the strict hierarchy.

The law of the rule of law emphasizes personal interests, and the two ends of the law must tend to be equal.

Therefore, under the rule of law, there must be problems with the law of wives suing their husbands.

This has nothing to do with right or wrong, it's not about reasoning, it's about threes and sixes and nines, and this is established.

The key is to serve the imperial power.

Dong Zhongshu created this system to help Emperor Wu of the Han Dynasty achieve centralized rule.

Before class, Fu Bi and Wang Anshi were very curious about how Zhang Fei would explain this question.

If the explanation is not good, he may really go in again.

But they never expected that Zhang Fei interpreted the contradiction as the contradiction between the law of the legal system and the law of the legalists, and then threw out the general ethics under the law of the legal system.

This is really perfect.

Or you kid can play!

Yan Fu saw through Zhang Fei's trick at a glance. You just wanted to take the opportunity to reform Gangchang Ethics, and immediately retorted: "What kind of Gangchang Ethics is the law of the legal system? Gangchang Ethics is Confucianism. You stop here to confuse people."

Many scholar-bureaucrats also criticized Zhang Fei's statement.

What is the general ethics of the legalist law, the general ethics of the law of the legal system.

My Confucianism has also lost face, and I let you rub it round and flatten it.

Who are you fooling here.

Fu Bi and Wang Anshi listened to their rebuttals, and they also showed doubts. Although your trick is clever, they are not stupid, and it is impossible to accept the general ethics you have reformed.

This kind of thing can't make sense.

The only thing you can do is directly deny Gangchang ethics.

Zhang Fei did not argue with them, and after they finished spraying, he slowly said to the students: "Although there are many people who object, I believe that everyone sitting here should also admit the fact that we are Questions mentioned in the first class.

In the Qin State, the Legalists completely expelled the Confucianism, and only respected the law. Only one great Confucian, Xunzi, entered the Qin Dynasty to preach, but it also ended in failure.But even when Emperor Wu of the Han Dynasty respected Confucianism exclusively, Legalism still survived in the laws of various dynasties.From the "Tang Law Shuyi" and our "Song Xingtong", we can find the laws and regulations left by the Qin State.

I remember that someone said at the time that Confucianism is inclusive of all rivers and has absorbed the advantages of Legalism. I also agree with this very much. Legalist combination.

Does anyone have any objections to this? "

The students all shook their heads, expressing no objection.

Confucianism has always recognized this.

Zhang Fei asked again: "Do you know how the two are combined?"

"Great virtue but small punishment."

"Punishment after virtue."

"Guide's low punishment."

The students answered one after another.

"The answer is very good, to sum it up!"

Zhang Fei wrote on the wooden board the four characters "De Zhu Xing Fu", and then asked: "De Zhu Xing Fu, is it correct to write like this?"

The students nodded.

Zhang Fei returned to the podium again and said, "Cai Bian, can you tell me the meaning of these four words?"

Cai Bian stood up flattered, organized his speech a little, and said: "During the time of the Qin State, 'everything is determined by the law' was followed, and the country was governed by severe punishments and harsh laws, so that the people complained, the people were in dire straits, and the second generation died.

Since the beginning of the later Han Dynasty, following Huang Lao's teachings and adhering to the principle of "governance is expensive and clean, and the people are self-determined", there has been the subsequent rule of Wenjing.

During the time of Emperor Wu of the Han Dynasty, Dong Zhongshu proposed, "Follow the heavens and the ancients, promote education, restrain the powerful, guide virtue and punish with low punishment, officials do not compete with the people for profit, and support scholars to run schools."

The intention is to use the rule of virtue to educate the people, so that the people abide by the etiquette, in order to "do it without order, and stop it without prohibition, follow the meaning of the above, don't wait to make it, it will be natural."

Use punishment to punish the few who are stubborn.This is the master of virtue and the assistant of punishment. "

"It's very detailed and very good."

Zhang Fei nodded, and asked again: "Do you think this makes sense?"

Everyone nodded.

"I also think it makes sense."

Zhang Fei said: "But the principle lies in morality, not punishment. Educating the people with morality can indeed reduce illegal activities. Facts have also proved this. People who have received a good education generally do not break the law easily, because they have right and wrong. The idea of ​​right and wrong.

This is the biggest difference between Confucianism and Legalism, but I am puzzled by one thing. If we want to follow Confucianism, we must promote education. Everyone is a scholar. Only now can we reach the highest level of morality, punishment and punishment, but I don’t know why. However, the Confucians have never spread education to the whole country, so that everyone can read books. "

Ye Zuqia said: "Everyone wants to study, so many colleges need to be set up. The country doesn't have so much money."

Zhang Fei said with a smile: "It's vulgar to talk about money. Our Confucianists talk about righteousness first, and then money."

Wang Anshi laughed when he heard it, he really deserves to be one of his own.

"But that's not what we're going to talk about today."

Zhang Fei went back to the wooden board and drew a circle on the word "virtuous master", "This is the key point and it cannot be replaced. If the rule of virtue is gone, you will become a legalist. Facts have proved that the legalist is not feasible.

What about 'Xing Fu', isn't it irreplaceable? "

Everyone shook their heads.

"Can't you?"

Zhang Fei asked.

Cai Jing immediately reacted and said: "It can be replaced by the legal system."

Zhang Fei asked: "Is it possible?"

Everyone nodded again.

Zhang Fei asked: "Why?"

Ye Zuqia replied: "Because there are punishments in the law of the rule of law."

Zhang Fei asked again: "The law of the rule of law can replace the virtuous master?"

"No."

"Why?"

"repeated."

"good."

Zhang Fei said: "We have also mentioned this in the previous lectures. It is impossible to have the law of the legal system in the legalist law. The two must replace each other and cannot coexist. But in the Confucian law of."

As he said that, he wrote "virtue dominates punishment and supplements" under "virtue dominates punishment and supplements", "now let's take a look, do the three cardinal guides and five constant principles belong to virtue, punishment, or law?"

"De."

"Does it have anything to do with the law of the Legalists and the law of the legal system?"

".!"

Everyone seemed a little hesitant.

Zhang Fei laughed and said, "Isn't it easy to answer? Is there any thought of the three principles of ethics in Legalism?"

"No."

"What about the rule of law?"

"Uh neither."

"That's right! Is there any need to think about it?"

Zhang Fei shook his head and said, "The thought of the three cardinal guides and the five constant principles belong to the Confucian law, and neither the Legalist law nor the legal system have this idea. Everyone can understand this, right?"

Everyone nodded.

"No objection?"

Everyone shook their heads again.

Of course, there is no objection to this. To be honest, Legalism is completely opposite to the Three Cardinal Guidelines and the Five Constant Principles.

There is no law of the rule of law.

This is originally Confucianism and evolved according to the ritual system.

Zhang Fei immediately used a charcoal pen to draw a slanted line on the circle of "virtuous master", and wrote the word "Gangchang", "Gangchang is entirely of virtue."

As he spoke, he pointed to "virtue governs punishment" and "virtue governs law and assists", "these two words, what hasn't changed?"

"Master."

The students said in unison.

Zhang Fei smiled and nodded, "That's right, the virtuous master has not changed. Since Gang Chang completely belongs to the virtuous master, has Gang Chang changed?"

The students shook their heads excitedly as if they had been connected to Ren and Du, and said, "No."

Zhang Fei said with a smile: "Is this answer to everyone's question just now? No matter whether I use the legal system or the legalist law, the general ethics have not changed. It just means that the way of defending this idea has changed, not that Without Legalism, the Confucian principles of principles and ethics will also disappear, so the Three Cardinal Guidelines and Five Constant Principles will not become Legalism? Can everyone understand?"

The students nodded frequently.

This is clear at a glance, coupled with the inference just now, it couldn't be clearer.

Yan Fu and the others who stood up just now were all dumbfounded at this moment, what happened just now, and how did they come to this point.

Empress Dowager Cao nodded with a little satisfaction: "The old man understands it too. Hey, this wooden board is really amazing. You can understand it after just looking at it. You don't need to think about it. It's just that the writing is really ugly."

Speaking of the latter, she shook her head regretfully.

Zhao Xu just smiled without making a sound, now no one cares how ugly Zhang Fei's handwriting is.

"I see."

Fu Bi nodded with a smile, and praised: "His education method is worth learning from the Imperial College."

Wen Yanbo also nodded and said: "Indeed, it's simple and thorough, and it's clear at a glance."

Wang Anshi was also thinking about it, next time the teachers from the Mathematics Academy should also come to attend the lectures. This kind of education method is amazing.

Originally, they all thought that this was a very complicated issue, and they were confused when they heard it.

As a result, with a few strokes, the explanation is clear and clear.

It made them all feel that they missed something, it's not easy.

What does Gang Chang belong to?
Confucianism is virtue.

Morality remains unchanged, punishments are reformed, and rules and regulations are of course not changed.

If you want to question him, you have to prove that Gang Chang has a relationship with the Legalists, and the punishment cannot be changed.

But the two are ideologically hostile, which is well known.

In fact, Zhang Fei used mathematical formulas to illustrate this problem.

"Okay! After explaining this problem clearly, let's now discuss the difference between virtue governing punishment and virtue governing law and virtue. Among them, virtue remains unchanged, so the difference lies in the law of legalism and the law of legal system, but the two We have already discussed the theory of law, and now we are going to discuss how the two defend the rule of virtue.”

When the Empress Dowager Cao heard this, she hurriedly asked Zhao Xu: "Officials, what is the difference between the legalist law and the legal system?"

She is also obsessed now, but she didn't come to class, she was seriously absent from class!

Zhao Xu froze for a moment, a bunch of words popped up in his head, but he didn't know where to start, so he said, "Ma'am, this is a long story."

Empress Dowager Cao nodded, "Then listen to what he has to say first."

The expression on Sima Guang's face gradually relaxed.

He had been obsessed with the contradiction between the rule of propriety and the rule of law before, but now that they both wanted to defend the rule of virtue, there was no contradiction.

He is no longer troubled.

But other old masters, as well as Jiang Zhiqi and other censors always felt that something was wrong, but depending on the piece of wood, what they said seemed to make sense, and they couldn't find any faults.

Moreover, they all want to defend the rule of virtue, which is tantamount to defending Confucianism. If it is wrong, isn't it against Confucian orthodoxy?

But it feels weird.

(End of this chapter)