Judge of the Song Dynasty Chapter 348: The real dispute between Confucianism and Legalism
Chapter 348 The real dispute between Confucianism and Legalism
Sima Guang panicked.
The old man just asked you to talk about litigation. You are going too far. Does litigation have anything to do with the faint king?
Wang Anshi was also a little flustered.
You boy separated the legalist law from the law. In the future, many of my new laws will come from unknown teachers, and they will even be manipulated to death by your legal system.
On the contrary, Zhao Xu listened with great interest. Like those students, he was listening carefully. Asked: "Do you think he is sarcastic?"
The ministers quickly shook their heads in denial, who would dare to say that!
But they are all muttering in their hearts, is it not important, what is important is that his words are suspected of questioning the imperial power, so you just let him continue like this?
These ministers were terrified, but those students were all newborn calves who were not afraid of tigers. After all, they had never experienced the power of literary inquisition, so there was nothing to say, and they had already fully devoted themselves to the debate with Zhang Fei.
Shangguanjun directly asked: "What is the relationship between corrupt emperors and corrupt officials and the law of the rule of law?"
"Of course it is related, and it is very close, let's sort it out first."
Zhang Fei came to the wooden board and wrote "Legislative Law" on it, and said: "I just explained that the law of Legalism is the way the monarch and ministers rule and govern the country."
Then he wrote about the law of the rule of law below, saying: "The law of the rule of law is a broad consensus to defend individual rights and interests. When the interests of the two collide, in the hands of faint kings and corrupt officials, often It is the legalist law that wins. Think about it, are they unscrupulously destroying the legal system? More bluntly speaking, they are invading the legitimate rights and interests of others at will. In the hands of wise emperors and ministers, it is often the legal system that wins. .Is this the truth?"
Cai Bian said: "Although the truth is so, it can only mean that it varies from person to person."
Zhang Fei smiled and nodded: "That's right, it varies from person to person. Then let's look at the definition of the rule of law and the consensus on defending the legitimate rights and interests of individuals. From this point of view, these are already objective existences, but But it varies from person to person, do you think the law of the Legalists is the greatest, or the law of the legal system is the greatest?"
Sima Guang, Wang Anshi and others all nodded slightly.
They didn't agree with what Zhang Fei said, but they understood what Zhang Fei said.
The law of the rule of law exists objectively and varies from person to person. Whether it is right or wrong, good or bad, it is purely subjective.
It is enough to prove that the subjectivity is superior to the objective.
That is to say, the legal affairs of the Legalists are greater than the laws of the legal system.
Cai Bian frowned and said: "According to your words, the law advocated by Legalists is not expensive, and the rope is not bent. Isn't it admiring your legal system?"
Zhang Fei said: "This sentence itself is correct, but if it is put into the legalist thinking, it will be more mistakes and worse."
"Why?" Cai Bian asked curiously.
Zhang Fei said: "You have to see what the motive of this sentence is. A knife is a murder weapon that can kill a pig, and it can also be a financial tool for killing a pig. Defending the legitimate rights and interests of individuals does not have this idea in Legalists.
Legalists mean to let everyone follow the rules I set, and to put it more bluntly, everyone is my slave. Whatever I say, you do it. In Qin law, such provisions abound. "
Cai Bian was lost in thought again.
This question seems to be getting more and more complicated.
Ye Zuqia asked suddenly: "According to your words, is it possible to govern the world as long as you follow the law of the rule of law?"
Zhang Fei smiled and said: "From your tone, it seems that this is very simple."
Ye Zuqia wondered, "It's not complicated."
The others also nodded.
This sounds very simple!
How difficult it can be to abide by the law of the rule of law!
Zhang Fei asked: "If the officials have wrong words and deeds, do you dare to dissuade them?"
Everyone couldn't help looking at Zhao Xu again, but they saw that Zhao Xu was thinking seriously and didn't pay attention to them at all.
It can only be said that this little emperor has a big heart.
Ye Zuqia raised his head and said, "Why don't I dare."
Zhang Fei asked again: "How do you persuade?"
Ye Zuqia pondered for a while, and said: "Of course I persuade you with reason."
"Why?"
"The principle of the sage."
"Right!"
Zhang Fei nodded, "This is the essence of Confucianism. If you find it easy, it only means that you are stronger than Confucius."
Ye Zuqia panicked and said: "How dare Zu Qia be compared with a saint."
Zhang Fei said: "Then you said it's not complicated?"
Ye Zuqia was taken aback for a moment, but immediately replied: "I don't think this is the essence of Confucianism."
Zhang Fei wrote "Confucian law" on the wooden board, and wrote "Song Xingtong" in the middle of the two laws, and then asked: "Do you think the laws and regulations on the current Song Xingtong are the same? Do you prefer the law of the Legalists, or the laws of the Confucians?"
This.!
A dry student is hesitant.
Judging from the name, it is naturally more inclined to the legalist method. This was common sense before, but now this common sense has begun to be distorted.
Suddenly heard an old voice, "According to what you said, it should be that the Confucian law is more biased towards the law of the legal system."
Zhang Fei looked up, and it was none other than Fu Bi who spoke.
The old man was also fascinated by listening, and began to answer questions.
Again, Zhang Fei just wanted to flash it, and it wasn't completely an insult to learning. This class is really not suitable for these students, but it is suitable for people like Fu Bi and Wen Yanbo.
"Fu Gong is right."
Zhang Fei cupped his hands and saluted, and said again: "Why is it more biased towards Confucianism, because Confucianism is based on secular principles. For example, the Legalists definitely don't talk about this.
But as far as human nature is concerned, the son sues the father, and the father sues the son. In nine out of ten cases, he is forcing people to lie.
Although it is not wrong to kill relatives in righteousness, protecting one's relatives is a kind of nature and a kind of broad awareness, which conforms to the definition of the law of the rule of law.
You all grew up studying Confucianism. Think about the principles taught by Confucianism. Does it tell you how to distinguish between good and evil, and how to do good. "
Everyone nodded.
Zhang Fei said: "A person with high morality, the chance of him violating the legal system is actually very small, but a legalist, he will definitely violate the legal system, because the legalist must get rid of the legal system , otherwise, Legalism is not Legalism. There is a sentence by Shang Yang, which expresses the law of Legalism very clearly and accurately."
Speaking of this, he finally opened the small book on the table, "'The wise man will act, but the foolish will restrain; of."
Shangguan Jun said: "It can be seen that the law of Confucianism is better than the law of Legalism, and it is also better than the law of the legal system."
Hearing this, Zhang Fei raised his left hand and rubbed his forehead, his face full of disappointment.
Shangguan Jun was really in a hurry. After this class, he began to doubt life, "Did I say something wrong again?"
Zhang Fei glanced at him lightly, and said weakly: "Tell me first, why do you think so?"
Shangguan Jun said: "A person with high morality will not break the law, but a person who abides by the law is not necessarily high in morality. It can be seen that the law of Confucianism is better than the law of the legal system, and even better than the law of the Legalists."
Zhang Fei glanced, "Do you all think so?"
Many students are already confused and dare not answer rashly.
Yan Fu suddenly stood up and said, "That's what I think, what's wrong with that?"
The tone is very arrogant.
Bang bang bang!
Zhang Fei suddenly knocked **** the wooden board.
Yan Fu trembled in fright, is this kid crazy?
Zhang Fei doesn't care so much, it doesn't make sense for you to pretend to be aggressive in my class, whether you consider my feelings. "I have repeatedly emphasized that the law of the rule of law is a consensus among people to defend their legitimate rights and interests.
Is the Confucian law the consensus? No, it is what the sages said, and it is basically what Shang Yang said, the wise man will act, but the fool will control it. "
Yan Fu was also in a hurry, and shouted: "The Confucian law is better than the law of the legal system, so I don't have to abide by the principles of the legal law that you said."
Zhang Fei smiled and asked, "Don't you think this is contradicting yourself?"
Yan Fu asked: "Where is the contradiction?"
Zhang Fei said: "You also said that the Confucian law is better than the law of the legal system, so obeying the Confucian law will not violate the law of the legal system. Is it right?"
Yan Fu nodded and said, "Exactly."
Zhang Fei said: "Since this is the case, the old man said that there is no need to abide by the principles of the rule of law. This is not self-contradictory. What is it? If you don't even abide by the most basic, can you meet higher requirements?"
Yan Fu's expression froze, he was a little dizzy.
But after thinking about it carefully, I feel that something is wrong.
Wen Yanbo suddenly stood up and said: "You are a skillful judgement. Mr. Yan is definitely not what he meant. He wants to say that to obey the Confucian law is to obey the law of the legal system." principles, and meet higher requirements."
Yan Fu nodded again and again, "That's right, that's right, you're really good at sophistry, and I'm confused. Confucianism is the principle of the world. This method comes from virtue, and virtue naturally follows what you have learned." language consensus.”
Zhang Fei said: "Really?"
Wen Yanbo is very sure: "Of course."
Zhang Fei asked: "Punishment does not apply to scholar-bureaucrats. Is this a Confucian law? Does it follow the principle of legal law?"
".!"
Wen Yanbo was stunned for a while.
All the students looked at him.
Wen Yanbo's old face was slowly turning red.
The common people break the law, and the people are gone, and the scholar-bureaucrats meet the law, and the law is gone.
Don't you think so?
An old man excitedly said to Zhao Xu: "Officer, this person is uttering evil words and treason, I implore the official to punish this person immediately."
Immediately another group of scholar-bureaucrats stood up and demanded that Zhang Fei be severely punished.
Zhao Xu said with a relaxed smile: "This is an academic theory, Dr. Cen doesn't need to take it too seriously."
Wang Anshi hehe said: "The words of Dr. Cen are not just to confirm his Confucian legal theory."
Doctor Cen didn't dare to show the emperor's face, so he could only give Wang Anshi an angry look.
Zhang Fei also heard the truth, and quickly explained: "Old man, don't get angry, I'm actually trying to praise Confucianism, not to deny Confucianism, but to suppress it first and then praise it, everyone, don't worry!"
All the scholars and bureaucrats glared at Zhang Fei.
I believe you are a ghost.
You can’t punish a scholar-bureaucrat, so you take it out and say, you’re not just trying to pull out our underpants, you’re trying to kill us!