Judge of the Song Dynasty Chapter 383: Morality and punishment, law

What?

Gangchang ethics under 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 is also what the people present are looking forward to.

Anyone who knows a little bit knows that there is a fundamental contradiction between the idea 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 three, six, nine, etc., which is established.

The key is to serve the imperial power.

Dong Zhongshu created this system to help Emperor Wu of Han 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 amazing.

You still know how to play!

Yan Fu saw through Zhang Fei's tricks at a glance. You just wanted to take the opportunity to reform Gangchang ethics, and immediately retorted: "What kind of legal system is Gangchang ethics? Gangchang ethics is Confucianism. What does it have to do with your legal system? It's simply unreasonable, don't confuse people with your lies."

Many literati and 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 is too embarrassing, let you rub it round and flat.

Who are you messing with in this lake?

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

There is no reason for this.

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

Zhang Fei did not argue with them. 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 It is the question we mentioned in the first class.

In the state of Qin, the Legalists completely expelled the Confucians, 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. A combination of Confucianism and Legalism.

Does anyone have any objections to this? "

The students all shook their heads, expressing no objection.

This Confucianism has always recognized it.

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

"Great virtue and small punishment."

"Punishment after virtue."

"Guide is a low punishment."

......

The students responded one after another.

"The answer is very good, in summary...!"

Zhang Fei wrote on the wooden board the four big characters "De Zhu Xing Fu", and then asked: "Virtue Master Xing Fu, is this correct?"

The students nodded.

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

Cai Bian stood up flattered, organized his language a little, and said: "During the Qin Dynasty, we followed the 'everything is determined by the law' and used severe punishments to govern the country. dead.

Since the beginning of the later Han Dynasty, following Huang Lao's teachings and adhering to the practice 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 the virtues and despise the punishment, officials do not compete with the people for profit, and support scholars to run schools." auxiliary.

The intention is to use the rule of virtue to educate the people, so that the people can abide by the etiquette, so as to "do without orders, stop without prohibition, follow the meaning of the above, do not wait to be ordered, as if it is 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 truth 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 He has a sense 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. I don't know why, but the Confucians have never spread education to the whole country, so that everyone can read the book. "

Ye Zuqia said: "Everyone wants to study, so many colleges need to be established, and 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 disappears, it will become a legalist, and the facts will not be replaced." It proves that legalism 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?"

"Can't."

"Why?"

"Repeated."

"Good."

Zhang Fei said: "We have mentioned this in the previous lectures. It is impossible for the legalist law to be legal. The two must replace each other and cannot coexist. However, the Confucian law It is available."

Speaking, he wrote "virtue governs law and supplement" under "virtue governs punishment and assists", "now let's see, do the three cardinal principles 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 smiled and said, "Isn't it easy to answer? Is there any thought of the three principles of ethics in the legalist law?"

"No."

"What about the law of the rule of law?"

"Er...nor."

"That's right! Do you still need to think about it?"

Zhang Fei shook his head and said: "The thought of the Three Cardinal Cardinal Principles and the Five Constant Principles is just a Confucian law, and neither the Legalist law nor the legal system has this idea. Everyone can understand this, right?"

Everyone nods.

"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 Principles and the Five Constant Principles.

There is no 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 dominates punishment" and "virtue dominates law and auxiliary", "these two words, what hasn't changed?"

"Master."

The students said in unison.

Zhang Fei nodded with a smile and said, "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 and said, "No."

Zhang Fei said with a smile: "Is this answer to everyone's question just now? Whether I use the law of legalism or the law of Legalism, Gangchang ethics have not changed. It is just that the way of defending this idea has changed. , Didn’t it mean that without Legalism, the Confucian principles of principles and ethics would also disappear, so would the Three Cardinal Guidelines and Five Constant Principles 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 had just stood up were all dumbfounded at this moment, what happened just now, and how did they come to this point.

The Empress Dowager Cao nodded with a little satisfaction: "I understand it too. Hey young man, this wooden board is really amazing. You can understand it just by 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 is simple and thorough, and it is clear at a glance."

Wang Anshi was also thinking about it, next time he will let the teachers from the Mathematics Academy 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.

The result is a few strokes, and the explanation is clear and clear.

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

What does the outline usually 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 Gangchang has a relationship with the Legalists, and the punishment cannot be changed.

But the two are intellectually hostile, as everyone knows.

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. The virtue is the same, so the difference lies in the law of legalism and the law of legal system , but we have already discussed the theory of the two laws, and now we are going to discuss how to defend the rule of virtue.”

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

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

Zhao Xu was stunned for a moment, a lot of words popped up in his mind, 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."

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 he heard that both were to defend the rule of virtue, so there was no contradiction.

He was not troubled anymore.

But other old masters, as well as Jiang Zhiqi and other censors always feel that something is wrong, but it depends on the piece of wood, it seems to be very reasonable, and there is nothing wrong with it.

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

But it feels weird.