Judge of the Song Dynasty Chapter 366: Fish and Bear’s Paw
Chapter 366 Octopus and bear's paw
The content prepared by Zhang Fei has been explained cleanly, not even scum is left. This class is mainly about the legislative principles and guiding ideology of the law of the rule of law.
How to distinguish between the interests of the state, the monarchy, and the interests of individuals.
Because in the previous thinking, the two are contradictory.
It is to distinguish first, and then introduce the compensation mechanism.
Very fulfilling.
Everyone could see that Zhang Fei wanted to dismiss the get out of class, but there seemed to be no reason to stop him, but Wang Anshi jumped out suddenly.
Another question raised.
Funding.
Such a complicated legislative principle will inevitably increase the consumption of the executive agency.
For example, if you don’t pay back the money you owe, you usually don’t go to the government. Even if you make a fuss to the government, it means that you call once, and I will call you once. It is easy and simple, and it will not increase the burden on the government.
But if it is based on the rule of law, then everyone may go to the government.
The current government cannot bear it at all.
The Public Prosecution Law has only just started out, and the emperor has not yet decided whether to popularize it nationwide depends on the feasibility.
So when Wang Anshi said this, everyone reacted suddenly.
Yes!
Real conditions do not allow us to do this.
And Sima Guang glanced at Wang Anshi with contempt in his eyes, but he didn't open his mouth either. Sima Guang cared more about details. It's a sign of impoliteness.
Although Wang Anshi also sticks to principles, he never cares about these red tapes.
"I'm really sorry, I'm just taking law class, as for these issues, that's out of my consideration." Zhang Fei shook his head, expressing his apology.
Wang Anshi immediately said: "If you don't consider this problem, then the problem you just mentioned is very easy to solve. If there is really no money to pay back, the government will compensate you.
Since you just talked about the issue of compensation, you should also consider the consumption of the government. If the government has to spend more than the amount of debts to defend the rights and interests of individuals, this will inevitably bring problems to the government's finances. In the end, it may fall on the heads of the people again. "
The students nodded frequently.
If we want to do well, we have to spend money, which is really worth considering.
Even Zhao Xu frowned and thought about it, it's hard for a clever woman to cook without rice!
Zhang Fei glanced at Wang Anshi, pondered for a while, nodded with a smile and said, "Scholar Wang's concerns are indeed correct, but there is a saying that is good, if you are not in your position, you will not seek his own government. Is it the bachelor's responsibility?"
Speaking, he said to the students: "If you want to know how to solve this problem, go to the math school next door to study. I can't teach you this."
As soon as these words came out, those old masters suddenly realized that Wang Anshi was not targeting the rule of law, but was using it to promote his own political ideas.
What kind of legal system, finance is the foundation of everything!
What the **** is me.
Sima Guang opened his mouth, but he held back. But Wen Yanbo couldn't help it anymore, he laughed and said: "In this way, it's not that Shang Yang, Han Feizi and others don't want to think about this step, but because they know that this legal system is simply not feasible."
Since you, Wang Anshi, opened your mouth, you might as well burn this fire up.
However, this old fox is also very cunning, first provoke a dispute between legalist law and legal system law, and see what they say, if there is a chance, Confucian law will come out and sweep the battlefield.
The students felt that what Wen Yanbo said was very reasonable. Given the situation of the Qin Dynasty at that time, how could it be possible to implement the law of the rule of law? Shang Yang and Han Feizi were right.
This time, Zhang Fei really didn't prepare for this aspect, so he smiled slightly and said, "Let's talk about it in the next class."
Shangguan immediately said: "Didn't you say that this class can be postponed later?"
After that, many people immediately looked at Xu Zhiqian.
Zhang Fei glanced at Xu Zhiqian, he himself forgot about it, thinking, beauty, your ticket is really expensive! I couldn't help complaining: "You have been brewing tea for so long, no wonder my mouth feels dry and I can't continue talking."
Xu Zhiqian was fascinated by what she heard, she didn't care about making tea, she knew she was wrong, she quickly poured a cup of tea for Zhang Fei, offered it with both hands, and said in a low voice: "You can't be really unprepared, are you?"
Zhang Fei took the teacup, "What do you think?"
Xu Zhiqian said: "Righteousness and profit are also the core dispute between Legalism and Confucianism. Are you not even prepared for this?"
Righteousness and profit?
Zhang Fei couldn't help frowning.
Xu Zhiqian said again: "I asked you to read more books before, but you didn't listen to them. This is all right now."
"You shut up."
Zhang Fei glared at her, took a few sips, then handed it back to her, saying: "One more drink."
Xu Zhiqian poured him another cup.
Zhang Fei held the teacup, leaned against the podium, and pondered.
There is silence in the classroom.
Sima Guang and Xu Zun also felt a little anxious, they knew that Zhang Fei was planning to teach a lesson in a few days.
This is a brand-new idea. The only similar Yang Zhu really left only a dime.
After a while, Zhang Fei suddenly drank the tea in his cup, and then came to the wooden board, "Xueshi Wang made a lot of sense. Without financial support, many things are impossible to talk about. What idea, does anyone know?"
Cai Bian replied uncertainly: "If you have a solid warehouse, you will know etiquette; if you have enough food and clothing, you will know honor and disgrace."
"Who said this sentence?"
"Pipe."
"What thought?"
"Legalist."
"Good."
Zhang Fei wrote Legalism on the wooden board, and then wrote below, "If you have enough food and clothing, you will know etiquette; if you have enough food and clothing, you will know honor and disgrace." He also said: "What is the opposite thought?"
"Confucianism." Shangguan replied.
Zhang Fei wrote "Confucianism" and asked, "How do you say it?"
Shangguan replied: "Life is what I want, and righteousness is what I want. You can't have both, and those who give up life for righteousness."
Zhang Fei immediately wrote this sentence again.
When Wen Yanbo saw it, he couldn't help thinking, this kid is really cunning.
He originally wanted to provoke a dispute between the two laws, but looking at the current situation, Zhang Fei seemed to want to provoke a dispute between Confucianism and Legalism.
Zhang Fei also wrote "the law of the legal system", "How to explain the law based on the legal system?"
There was a sudden silence.
This..
Have you ever said that?
Zhang Fei waited for a while, then clicked his tongue: "You really know how to read dead books, your brains are not active at all."
The students have entered the stage where a dead pig is not afraid of boiling water.
You complain!
You can throw up.
That's what we do.
Zhang Fei also saw that their faces were not red anymore, and he also knew that the lethality of complaints was weakening, so he wrote four words directly under the law of the rule of law——sacrificing one's life for profit.
Everyone was taken aback.
At any rate, the Legalists are only encouraging everyone to pursue interests. You are better off, just give up your life for interests. For the sake of interests, you don’t even want your life. That’s even crazier!
Zhang Fei said again: "You have to be clear. On the issue of righteousness and benefit, Confucianism and Legalism are opposites, but they are not absolutely opposite. Legalism does not deny 'righteousness', but emphasizes 'benefit' , in the case of abundance, the common people will know etiquette;
And Confucianism does not deny 'benefit', but emphasizes 'righteousness' more, life is what I want, but when encountering righteousness, one must sacrifice life for righteousness.
I won't say much about the dispute between Confucianism and Legalism. If you can argue, you can argue all day long. After all, you have been fighting for thousands of years. "
Everyone chooses default.
This is indeed true. This issue has been debated for too long, and there is no new concept.
They also don't want to compete in this class, after all, Teacher Zhang started talking about the end of get out of class.
"Then let's focus on the righteousness and benefits under the rule of law."
Zhang Fei said: "What is the concept of the law of the legal system?"
"Defend the legitimate rights and interests of individuals."
Everyone answered in unison.
Zhang Fei asked again: "What is the basis of the law of the legal system?"
"Fairness and justice."
"If you want to stick to the rule of law, then...!"
Zhang Fei pointed at the wooden board, "How do you understand the phrase "sacrificing one's life for profit?"
".!"
Everyone was a little confused and didn't know how to answer.
Zhang Fei shook his head, and then said: "Simply put, we will swear to the death to defend your legitimate rights and interests."
Fu Bi's eyes lit up, and he muttered to himself, "So it's your legitimate right?"
"Is this understandable?" Zhang Fei asked again.
Everyone nodded in understanding.
Zhang Fei said again: "Actually, whether it is Confucianism or Legalism, righteousness and benefit are the fish and the bear's paw, and they cannot be obtained at the same time. But under the legal system, the two are indispensable, and there is no priority. Points. When interests are lost, righteousness becomes meaningless. And when righteousness is lost, rights and interests will not be guaranteed. Can you understand?"
Everyone nodded straightly, with their mouths slightly open, looking intoxicated.
Even the old master was fascinated this time.
What they said before is not what they are good at, but when it comes to righteousness and profit, they are most familiar with it.
But they never thought that righteousness and profit are closely linked, and if one is lost, the other will cease to exist.
But if it is to defend your legitimate rights and interests, it seems to be in line with both Confucianism and Legalism.
They couldn't turn the corner for a while.
Zhang Fei said: "Compared to the legalists, if you have enough food and clothing, you will know etiquette; if you have enough food and clothing, you will know honor and disgrace. The law of the legal system is to solve the previous problems, that is, to protect the people's food and clothing.
Compared to the Confucian sacrifice of life for righteousness, the law of the legal system is to solve the problem after righteousness, what is righteousness for gain? The answer given by the law of the rule of law, the purpose of sacrificing one's life for righteousness is to defend your interests, and together, we will swear to the death to defend your legitimate rights and interests.
After understanding this point clearly, let's look at the question raised by Xueshi Wang. Do you still need to watch it? "
Zhang Fei smiled slightly: "I don't think you need to look at it. Defending the legitimate rights and interests of individuals is the most basic. If you even think this is too expensive, the result will be that the people may not be able to cover their clothes and eat. If you don’t eat enough, then you can only rebel, and which one will consume more?”
".!"
"Huh?"
"Rebellion consumes more."
"It should be like this. If the food and clothing of the people cannot be defended, the result will be rebellion. The court can only suppress, rebel, and suppress again, and then find that there are more and more rebels, and then there will be no more."
Zhang Fei said: "Throughout the history, whether it is the Han Dynasty, the Tang Dynasty, or our Dynasty, at the beginning of the founding of the country, they all adopted the policy of rest and recuperation, that is, light corvee and low tax, and persuading agriculture and mulberry. After the people put on clothes and have a full meal, they want to be rich and strong, which requires a reform.
As for the loss of the government, I have talked about this before when I was talking about the Qin Dynasty. The only thing that can save costs is wisdom. Shang Yang and Han Feizi thought too simply, so the governance cost of the Qin Dynasty only seemed cheap, but it was actually very high.
If you are smarter, the loss will be less, if you are stupid, the loss will be higher. Take the method of equalization as an example. This is the embodiment of wisdom. The previous tribute system was indeed very rigid. The method of equalization can save a lot of money, but the method of equalization also costs money. Loss, this is a bit too much. "