Judge of the Song Dynasty Chapter 347: The dispute between the two laws

Chapter 347 The dispute between the two laws

Throw the charcoal pencil, flash!

Zhang Fei's gorgeous turn caught everyone present off guard.

From Zhao Xu's point of view, this class seems to have just begun.

The saying that Qin has no laws is really too novel.

As soon as I heard a little taste, why did you leave.

"Hey!"

Zhao Xu couldn't help raising his hand, wanting to stop Zhang Fei, but in the end he let it go because of the emperor's dignity.

But Sima Guang didn't hold back, he blocked the door with a livid face.

"What are you doing?"

"Scholar Sima, this class is really not suitable for me. They don't even understand some basic legal knowledge. The key point. I don't know the key point. I can only teach some students who have some basic knowledge, and then share my experience. .”

Zhang Fei complained with a depressed face.

Is this common sense? I don't understand either! Sima Guang glanced at Zhang Fei, "There are so many people watching, no matter what, you must finish this class."

After finishing speaking, he whispered again: "It's almost enough, the official family is still here."

He didn't know what Zhang Fei was doing.

Revenge!

This kid looks magnanimous on the surface, and he speaks very nicely, but in fact he has a very small heart. He really must get revenge!

There are so many people blocking the door, all prime ministers, how did he get away? He just wanted to humiliate those students on purpose.

It is the way of the person to treat the body of the person.

Zhang Fei nodded aggrievedly and said: "Okay, I will finish this lesson first, but I will change a group of students in the future, this really won't help me."

Sima Guang kept silent, just looked at him with frowns.

Zhang Fei turned around and returned to the podium, his eyes swept over and over the faces of this group of students, and suddenly he let out a long sigh.

Ye Zuqia, Shangguan Jun, Cai Jing, Cai Bian and others have never received such contempt.

Uncomfortable!

I want to cry!

Ye Zuqia couldn't stand it anymore, he got up and said: "You deliberately made this legalist unclear, in order to humiliate us, and it is useless to be a teacher."

The others nodded.

"Don't know?"

Zhang Fei was stunned, and said in surprise: "No way. Haven't you understood it yet?"

"Me."

Ye Zuqia opened his mouth slightly, and his fair face slowly turned red.

Are we really stupid?

Is it really that simple?

Let me think about it first.

It's not just him, many people have this idea.

Zhao Xu asked Wang Anshi in a low voice, "Sir, you understand."

Wang Anshi slightly shook his head with a hint of embarrassment.

Zhao Xu breathed a sigh of relief, it's okay, it's okay, I'm not too stupid.

Cai Bian said: "Forgive me for being stupid and not understanding. I hope the teacher can solve our confusion."

But the tone was very aggressive, as if implying that you have the ability, you understand it!

They all felt that the fault was not theirs, but Zhang Fei's. Zhang Fei couldn't explain clearly at all.

"Okay! I'll explain it clearly to you, alas. Just treat it as a long time, otherwise, how can I pass this class!"

Zhang Fei shook his head helplessly, leaned on the podium, and asked Cai Bian, "Who told you that you can't go to other people's houses to steal things?"

Cai Bian was taken aback, "I am my parents."

Zhang Fei asked again: "Who told you not to fight with others?"

Cai Bian said: "My parents."

Zhang Fei continued to ask: "Who told you again, you can't steal other people's things."

"My parents." Cai Bian said.

Zhang Fei was stunned, "Why are your parents teaching you everything, are your parents saints?"

His parents are also my parents! As the eldest brother, Cai Jing couldn't sit still, he thought that Zhang Fei deliberately humiliated his parents, and immediately said: "This is common sense, what does it have to do with whether our parents are saints or not?"

"Yes!"

Zhang Fei pointed to Cai Jing, "This is common sense, to be precise, it is a common sense and consensus formed by our living in this world.

This was not taught by Confucius, not by Mencius, nor by Li Kui, Shang Yang, and Han Feizi with their own wisdom.

I don't know a lot of characters, but I know that it is wrong to cheat. "

Speaking of this, he snapped his fingers, "This is the law of the rule of law. This law was born from our consensus, common sense, and why this consensus arises from our protection of self-interest. Therefore, the rule of law The law must also be to defend the legitimate rights and interests of everyone.”

As soon as these words came out, everyone felt a sense of enlightenment.

Fighting and stealing are written in the "Fa Jing", but they were not thought up by Li Kui. They have always existed, and they have existed before the name of law.

This is self-preservation, which is a very personal matter, but this need forms a broad consensus, and thus the law is formed.

Li Kui just classifies and perfects.

It's not that he first felt that stealing was bad, and then told others that stealing was bad, and then he was slowly accepted by others.

"I see."

Zhao Xu nodded slightly, then whispered: "This explanation is really ingenious!"

Lu Gong wrote in doubt: "But will there be suspicion of partial generalization?"

Fu Bi couldn't help but said: "It depends on how he explains Legalism."

Mr. Lu suddenly seemed a little embarrassed.

He generalized and did not separate Legalism from the legal system.

A look of embarrassment gradually appeared on Cai Bian's face.

"So here comes the problem."

Zhang Fei suddenly asked: "Is Shang Yang's Grass Cultivation Order considered common sense, or the consensus of the people?"

A group of students shook their heads.

Zhang Fei said: "Where is the way to sit Wulian?"

A group of students continued to shake their heads, but the atmosphere was not happy at all.

Zhang Fei said: "This decree and law, is it a law?"

".!"

Doesn't it count?

Does it count?

As far as their common sense is concerned, this is of course legal.

But at this moment, no one dares to answer this simple question.

"Ah!"

Zhang Fei sighed again.

I don't know why, but now that he sighed, the hearts of these students all tugged.

Look around for seams.

Zhang Fei said: "There's a saying, how do you say it, what's the point of death!"

"Government interest!"

Answered a little witty ghost.

"Yes! People are dying."

Zhang Fei nodded, "But this word is often used for something."

"Reform reform."

"Good."

Zhang Fei nodded again, "At the beginning it was a reform, but in the end it was a political resignation. Why? It's because the decrees issued by Shang Yang, more precisely, are government decrees, not laws."

Speaking, he picked up the charcoal pencil and came to the board, "Unless there are some very special cases, most of the time, we can distinguish the law of the legal system from the law of the legalists in this way. The law of the legal system is the source It is based on the protection of people's legitimate rights and interests, or it is a kind of common sense, and it can even be said to be a broad demand."

As he spoke, he drew an arrow symbol from bottom to top.

Draw an arrow symbol from top to bottom on the right side, and say while drawing: "The law of Legalism is a set of methods used by the monarch and ministers to govern this country. This common sense and method you all score Are you clear?"

".!"

No one answered.

But this time it's not arrogance, but embarrassment.

Zhang Fei said weakly: "Are you guys dumb? Can you give me some answers?"

Ye Zuqia asked suddenly: "If it is stated in the "Song Xingtong" that robbery is legal, is this considered a law?"

Everyone's eyes light up, this is a good question.

The legality of robbery is obviously contrary to Zhang Fei's generalization of the law of the legal system, but it is written on the Song Xingtong, which is the legal text.

Isn't this the law?

Zhang Fei asked back: "What do you think?"

Ye Zuqia said: "This has already been written on Song Xingtong, of course it counts!"

Zhang Fei looked at the others again, "Do you all think so?"

Everyone looked at each other and nodded slightly.

Although they can't figure it out, at least they should unite.

Zhang Fei said: "Let me ask you, if robbery is to be legal, how should it be stipulated in Song Xingtong?"

"Just write it down." Ye Zuqia said.

Zhang Fei asked: "What about the crime of robbery?"

Ye Zuqia said: "Just erase it."

Zhang Fei said: "Erasing this crime, wouldn't the robbery be legal? Does it need to be written down?"

".!"

Ye Zuqia was a little dizzy, and said: "It's okay if you don't write it clearly."

Zhang Fei asked: "Then if all the crimes of Song Xingtong are erased, stealing and abducting, beating, smashing and looting, all of them will be legal. Do you think this is the law?"

Ye Zuqia blinked.

Zhang Fei said: "How did my court Taizu Taizong describe the laws of the previous war-torn period?"

"The discipline is corrupt and there is no law."

"Correct."

Zhang Fei said: "Robbery is legal, there is no need to stipulate it, because as long as the state of lawlessness is reached, talking about the law in the state of lawlessness, isn't this taking off your pants and farting. Now I ask you in turn, if the court stipulates, you will When you are about to starve to death, in order to survive, you grab a bun to eat, and the court will not hold you accountable. Is this the law of the legal system or the legalist law?"

Ye Zuqia thought for a while, "Follow the law of legalists."

"Huh?"

"The law of the law?"

"Huh?"

"Students don't know."

Ye Zu was completely dizzy, he felt like a fool at this moment.

Zhang Fei couldn't laugh or cry, and said: "First of all, this should belong to the law of Confucianism, and the Legalists would not stipulate it like this. Secondly, it depends on what official office promulgates it. If it is an official amnesty order, and It is also written in the discussion, that is, the law of the rule of law, because in this regulation, it has many prerequisites. Based on these conditions, this is actually a kind of self-protection awareness, and it is also a kind of common sense. Guan Tian, ​​the steamed stuffed bun is gone, you can still make it again, if you die, it will be gone.

Of course, if you really want to legislate on this, it will be very complicated, because there are many judgments in it, it is very difficult to obtain evidence, so it is unlikely that the court will do this, and this is why we study jurisprudence one.

But if the Zhengshitang issued this decree only for a specific region, or for a specific period of time, then it is the legalist law. "

Shangguan Jun suddenly asked: "If the law of Legalism meets the law of legalism, who should come first?"

Everyone was startled.

This question has many people pondering.

Zhang Fei did not answer and asked instead: "If the Zhengshitang promulgated in Tokyo the rule that robbery is not illegal if you are about to starve to death, and you are a judicial official, how would you judge this case?"

Shangguan frowned and pondered for a while, and said: "I guess I won't pursue his responsibility."

Zhang Fei said: "What about the robbed?"

Shangguan Jun said: "I will compensate him in the name of the government."

Zhang Fei said: "But the Zhengshitang did not stipulate that compensation must be paid."

Shangguan Jun said: "But if this is the case, no one will dare to sell buns on the street from now on."

Zhang Fei smiled and nodded: "Not pursuing its responsibility means that responsibility exists, and compensating the victims for their losses is a transfer of responsibility. Repaying debts and killing people is justified. Then do you think the law of Legalism is greater or the law of legalism is greater?"

Shangguan Jun said: "The rule of law is great."

Zhang Fei immediately rolled his eyes: "You can answer this wrong, of course it is the great law of Legalism! Hey, hello!"

Shangguan Jun immediately had question marks on his face.

I follow your words, is this all wrong?

Are you kidding me?

"Actually, this example has nothing to do with this question. In any case, it is the law of the Legalists. How could it be the law of the legal system."

Zhang Fei said with a smile: "If the rule of law is great, then how did those tyrants and corrupt officials appear? This is also common sense, everyone who has read history books will know."

As soon as these words came out, there was complete silence inside and outside the classroom.

The hands of many scholar-bureaucrats were trembling slightly.

Tyrant? Faint king? Corrupt officials?

Who is this scolding?

Is it possible to say this?

So, everyone looked at Zhao Xu.