Judge of the Song Dynasty Chapter 384: The master of virtue and the assistant of law

In the silent classroom, only the sound of Zhang Fei writing on the board with charcoal was heard.

On the wooden board, Zhang Fei wrote a "virtue", two horizontal lines, and "punishment";

The following is written "De", two horizontal bars, "Fa".

Represents virtue as the master of punishment and virtue as the master of law.

The students are very familiar with Zhang Fei's teaching method, they are really nervous but full of expectation.

"Right!"

As soon as he put down his hands and turned around, Zhang Fei suddenly remembered something and asked, "Do you know what this Gangchang belongs to?"

The students said in unison: "Belongs to Germany."

Zhang Fei asked again: "Gang Chang is equal to virtue, is virtue equal to Gang Chang?"

"No."

"What's that?"

"The outline is always a ritual."

"Good."

Zhang Fei nodded, turned around and wrote "Li" next to "De", and then asked, "What is the relationship between ritual and virtue?"

“Li also belongs to virtue.”

"That's right."

Zhang Fei directly drew a small circle to enclose "ritual", and then drew a large circle to enclose "virtue" and "ritual", saying: "Violating etiquette must be violating morality, but violating morality It does not necessarily violate propriety, so propriety is within virtue.”

Speaking, he looked at the students again, and asked with a smile: "I believe you should know more about this than me."

The students just smiled and did not make a sound.

How can you say you know better than the teacher?

They didn't dare, God knows what Zhang Fei's next question will be.

"Then do you know the relationship between 'punishment' and the two?"

When speaking, Zhang Fei compared the two ends of the horizontal bar with his hands.

Shangguan Jun replied: "It can be said that punishment is equal to ritual."

"What is the basis?" Zhang Fei asked.

Shangguan Jun said: "The "Song Xingtong" of our dynasty inherited the "Tang Law Shuyi", and in the "Mingli" law in the Tang Law Shushu, the legislative guidance is mentioned at the beginning, and morality is political and religious. The basis of this is that punishment is used for political and religious purposes, so it must be considered ritual.”

Zhang Fei nodded, and then asked: "What crimes are there, which can embody this legislative principle?"

Shangguan Jun said: "The crimes among the ten evils can basically explain this point, such as unfilial, disrespectful, disharmony, unrighteousness..."

"Excellent answer."

Zhang Fei nodded and said: "From the ten heinous crimes, we can see that from the previous dynasty to our dynasty, they all followed the legislative principle of rituals and punishments. Therefore, rituals are laws, and laws are rituals. For etiquette.

I have to say that this is a very perfect combination, because we have said before that Confucianism is based on virtue and etiquette, but later Confucianism also realized that only by education, only by self-cultivation , or not, still have to use punishment to intimidate and punish, so combined with Legalism, this idea was perfectly implemented in the Tang Dynasty, that is, legislation based on etiquette.

I would like to ask you one more question, which is better, etiquette or punishment? "

"Greetings!"

The students said in unison.

Zhang Fei asked: "Why?"

Cai Bian said: "Whether it is "Tang Law Shuyi" or our "Song Xingtong", it is impossible to list all unfilial and discordant behaviors as crimes, but often when the case is reviewed, as long as The behavior is a violation of the three principles and five constant principles, even if there is no such charge, you will still be convicted."

Zhang Fei asked with a smile: "What thought does this reflect?"

"Virtue masters punishment and assists punishment."

"That's right, etiquette is greater than law, and etiquette is greater than punishment. This is the embodiment of virtue as the master of punishment."

Zhang Fei nodded, "It can also be said that punishment is completely assisted by ritual, how to assist, it is all kinds of punishment, punishment, and intimidation. Right?"

Learn what to nod.

This is all about Confucianism, and they answered very smoothly, basically without hesitation.

"Then the relationship between the two can be expressed in this way."

Zhang Fei came to the wooden board, circled the word "punishment", and then connected it with "li" with a different line, "Simply speaking, the relationship is that 'punishment' is in 'ritual'."

Speaking, he gestured to the "virtue and law" below, "Now let's look at the relationship between virtue and law. Remember, this law refers to the law of legal system."

As he spoke, he also wrote "The Law of the Legal System" on the side, and then asked: "What do you think is the relationship between the two, and is it the same as the above?"

The students who had been answering fluently just now were suddenly stunned.

When it comes to the law of the rule of law, their heads seem to be solidified, and they can't turn around.

"Huh?"

Zhang Fei looked at them expectantly.

Cai Bian said, "It should be the same."

Zhang Fei said: "How to say?"

Cai Bian replied: "They are all based on virtue, and the relationship is naturally the same, but the method is different."

Zhang Fei nodded slightly, then glanced away, "Is there any other answer?"

Ye Zuqia said: "I think it's different."

Zhang Fei asked: "So what?"

Ye Zuqia said: "If it's the same, what else is the teacher talking about?"

Zhang Fei smiled and said: "Your answers are really full of wit and no basis at all."

The students were all embarrassed and silent.

Zhang Fei suddenly looked at the surrounding scholar bureaucrats again.

Almost everyone looked disdainful.

Your self-entertaining, mystifying knowledge is not worth our brains.

Only Fu Bi, Wang Anshi, Sima Guang and others were thinking deeply, but they didn't respond.

Empress Dowager Cao was also completely at a loss. She wanted to ask Zhao Xu, but found that Zhao Xu was a little more stupid than her.

Zhang Fei smiled slightly, "These concepts are very clear now, so we can deduce what kind of relationship is between virtue, master, law and assistant."

Again!

Students are looking forward to it.

This kind of deductive teaching, although it makes them feel stupid, is actually very cool. It is like going through a maze. The moment they go out, it is always very cool. this lesson.

"As we said just now, legalist law emphasizes punishment, while Confucian law lacks punishment. The two can be directly integrated, because they are complementary, and everyone understands it very well. Now we Let's see if the law can be perfectly integrated with it like punishment."

Zhang Fei asked again: "What is the concept of the law of the legal system?"

"A consensus to defend the legitimate rights and interests of individuals."

"What about the gift?"

"Rites can be summed up as the three cardinal guides and five constant principles."

"Are the three cardinal guides and five constant principles what a sage thinks?" Zhang Fei asked again.

The students nodded.

Zhang Fei asked: "Who thought of that?"

"Confucian saint, the three cardinal principles come from the sage's monarch, minister, father, son and son."

"So before the sage Confucius, there was no such thing as father and son? There was no such thing as male superiority and female inferiority? There was no benevolence, righteousness, propriety, wisdom, and faith?"

"Uh...."

"Is there any?"

"Yes."

"Of course there is!"

Zhang Fei said: "If there is no such thing, what is the basis for Confucius's words? In fact, this point is the same as Li Kui's "Fa Jing". The relationship between monarchs, ministers, fathers and sons is an existing relationship, which is a convention.

It was during the Spring and Autumn Period and the Warring States Period that everyone began to disobey this convention, which led to chaos in the world. Confucius thought that everyone did not follow the rules, so the world was in chaos. If we go back to Zhouli, the world will not be in chaos.

Is this the truth? "

The students nodded.

Although what Zhang Fei said was rough, it was basically the same.

Zhang Fei said again: "Then it can also be concluded that the reason why the sage Confucius proposed that the monarch, the minister, the father, the son, and the son is for the stability of the world and the harmony of the family."

Everyone nodded.

Zhang Fei asked again: "Then what is the purpose of the Three Cardinal Principles and the Five Constant Principles? Is it to show respect for the emperor and ministers, and for men to be superior to women?"

"No."

"What's that?"

"It is also for the stability of the world and the harmony of the family."

"Good."

Zhang Fei nodded and said: "This is very important. You must remember that the ultimate goal of the Three Cardinal Guidelines and Five Constant Principles is not to pursue male superiority and female inferiority, but to say that by doing so, the world will be stable and families will be harmonious. Even those mountain villages Husband, they also know these truths, as if they also know that stealing is wrong."

Speaking, he returned to the wooden board, "Then, let's look at the relationship between the three cardinal guides and five constant rules and the law of legal system. Are the concepts of the two very similar?"

Everyone nodded.

If you explain it this way, the concept is really similar.

Zhang Fei asked again: "Then what is the relationship between the two?"

The students looked at each other again.

"It seems that the first three classes of yours were really wasted." Zhang Fei sighed.

Wang Anshi couldn't help but said: "It's to defend the relationship."

"It's about defending the relationship."

Zhang Fei didn't care who said it, pointed to the board and said: "It's already so clear, do you need to think about it, the three cardinal guides and five constant rules are a universal relationship, that is, it belongs to a consensus, and its The purpose is to hope for the stability of the world and the harmony of the family. Isn’t this the national interest, and the national interest is also a personal interest. Then according to the concept of the law of the rule of law, isn’t the relationship between the two the law defending virtue.”

The students suddenly realized.

But...but that's all.

Zhang Fei couldn't help asking: "Aren't you all blushing now?"

The students just smiled honestly.

Fugong and Wengong are all there thinking, why should we be ashamed, who should we look down on?

The corner of Zhang Fei's mouth twitched, he shook his head helplessly, and pointed to the board again: "Now we can compare the relationship between the two, just now we have clarified the relationship between virtue, punishment and punishment. As a supplement, it can even be simply understood as ritual needs punishment.

The law of the rule of law is to defend virtue, and I will protect your relationship. So the former is a passive relationship, and the latter is an active relationship, can you understand? "

Shangguan Jun questioned: "Then it cannot be said that he is the master of virtue and the assistant of law."

The others nodded too.

And those scholar-bureaucrats smiled disdainfully, we know that you have no good intentions, and you can't even hide your little trick from the students.

This picture is clear at a glance. Punishment lies in rituals, rituals lie in virtues, one big and one small, with clear layers, it's too obvious.

When it comes to the law of the rule of law, it becomes protection, you...

It's just that you speak nicely.

Zhang Fei asked: "My existence is to protect you, whoever you say will be in charge."

"Huh?"

Shangguan was taken aback immediately.

Zhang Fei asked the others: "Who is in charge and who is in charge?"

"Germany...Germany is the master of law."

"Of course it's virtue and law."

Zhang Fei said: "Although one is supplementary, the other is protection, the other is passive, and the other is active, but the two are a bit the same, that is, they both focus on virtue. Let's see now, there are different ways to achieve the purpose of the two. What's the difference."

Speaking, he walked to the other end of the plank, "Let's go back to the law of wife suing her husband just now. We also made it very clear just now that it is true for a wife to sue her husband. It only takes two years." , this law belongs to the law of the legalists, which is also to maintain the three cardinal principles, but it is passive. If you violate the etiquette, I will punish you. Simple and rude, always trying to achieve the highest requirements at the lowest cost. Can it be done?"

The students couldn't help shaking their heads.

Zhang Fei asked: "Why?"

Cai Bian replied: "As long as the wife sues her husband, first of all, the wife will definitely be imprisoned for two years, and secondly, the husband may also be convicted of the crime, and the family will... be gone."

"That's the reason."

Zhang Fei said: "Li accepts punishment, and the two are directly fused together, accepting both the advantages of Legalism and the shortcomings of Legalism. The shortcomings of Legalism are opposite to Confucianism.

Because of this law, many families have become separated and their families have been destroyed. When a wife is abused at home, there are only two ways, either to commit suicide or to run away, which is the same reason, because the legalist law only punishes, without protection.

But this is not the stability of the world and the harmony and happiness of the family pursued by the three cardinal guides and five constant principles.

Then let's take a look at the law of the legal system again. Does the law of the legal system protect the rights and interests of wives? "

Everyone nods.

Zhang Fei said: "Of course it is for protection. Suppose my wife is abused at home and she goes to the government to file a complaint. If the law is the law, how should I deal with it?"

Shangguan Jun said: "Husbands should be stopped from abusing their wives."

Zhang Fei asked again: "How to stop it?"

Shangguan Jun said: "First give a verbal warning, if the husband doesn't listen, he has to threaten with punishment."

Zhang Fei nodded with great satisfaction and said, "Only by stopping the beatings in time can the family be harmonious. Then the problem arises. Suppose Cai Bian beats Shangguan Jun in the dormitory, and Shangguan goes to the government to file a complaint. How will the court judge?"

Shangguan Jun immediately said: "He has violated the law of litigation and seriously harmed the interests of the country and the monarch. Even if the law is ruled by law, he must be punished."

Cai Bian glanced at him, are you so cruel?

Zhang Fei said: "Why didn't you give a verbal warning first? It is also a beating. Why do you have to give a verbal warning first when a husband beats his wife? If Cai Bian beats you, he will be sentenced directly."

Shangguan was stunned, and said: "Because they are husband and wife, Cai Bian and I are just ordinary classmates. They are different, so how can we generalize them."

Zhang Fei nodded with a smile, and said, "My husband and Cai Bian behaved exactly the same, but the punishments were totally different, the reason is because of San Gang.

Under the principle of morality and punishment, since the punishment is passive, as long as you violate the etiquette, the punishment will start immediately, no matter what your reason is. But the law of the legal system is active. Its idea is to defend the legitimate rights and interests of individuals. If the wife is abused and beaten, and the personal rights and interests are harmed, the law of the legal system should protect it, but at the same time it must defend the harmony of the family. The three outlines are for reference. "

Take the three outlines as a reference?

Everyone was taken aback.

The more you say this, the less likely it is to look like the master of virtue and the assistant of law.

Speaking of this, Zhang Fei paused for a while, "By the way! Do you know my famous work?"

Cai Jing was not sure: "The teacher refers to the case of Ayun in Dengzhou?"

"Exactly."

Zhang Fei nodded and said, "Then do you know how I finally helped Ah Yun get away with it?"

When Sima Guang heard this, the corners of his mouth twitched. Your fame is based on my humiliation.

"Filial piety."

"Good."

Zhang Fei nodded and said: "I will discuss the process of the lawsuit later. We are now mainly discussing why the court gave such a punishment. It is a fact that Ayun hacked Wei Ada. It is not a death penalty according to the law, and this living crime is inevitable. But the court finally judged her to be self-defense, and the punishment was to spend more than half a year in prison in Dengzhou.

The reason is that the imperial court considered filial piety in the three cardinal principles, and the reason for the punishment was to maintain filial piety. Of course, Wei Ada's interests must also be protected, but since Wei Ada had already received reasonable compensation from Fang's family, the imperial court did not give any further compensation.

This case is a typical case of morality leading the law and supporting the law. Is Ayun illegal? Absolutely illegal. She definitely violated Wei Ada's rights and interests. punishment. "

The more Sima Guang listened, the more annoyed he became, what the hell, didn't you force it all?

He can't wait to let Zhang Fei talk about the process of the lawsuit, that is the most exciting part.

Of course Zhang Fei would not say it, because it is a higher-level theory, and he returned to the wooden board, pointed to "morality = law", and said: "Now we should be able to accurately judge whether law belongs to ritual or not? "

"Doesn't belong!"

"French does not belong to Germany?"

"Doesn't belong!"

"None of it!"

Zhang Fei nodded and said: "Because the law is only a protector, a defender. The combination of virtue and punishment, punishment is subordinate to virtue and subordinate to ritual, that is, as long as you violate the ritual, then I will punish you. There are no conditions to talk about.

However, with the combination of morality and law, morality becomes a protection target of the law. The standard of criminalization of the law is to judge whether you hurt the interests of the monarch, the country, or private individuals. This is the concept of the law itself. Its content is not etiquette .

But the core object of his protection is Li.

Because the three cardinal rules are the order of the whole country, they are the core interests, and are above the legal system, then the law will refer to the three cardinal rules when making punishments. On the one hand, punish those who seriously violate the three cardinal rules and five constant On the other hand, they will also ask for tolerance to those who abide by the three principles and five constant principles, even if the suspect violates the rights and interests of others.

It's like saying that sports cars are not allowed in the city, but if you rush to find a doctor in order to save your father, even if you hurt someone, you will be forgiven by the legal system, such as exempt from punishment, but you must Also compensate those who were hurt by you.

The principle of virtue and punishment is to tell you the consequences of violating etiquette, and the combination of morality and law will not only tell you the consequences of violating etiquette, but also tell you the benefits of observing etiquette. "

"Well said!"

Wen Yanbo turned his head and nodded in praise.

Empress Dowager Cao also nodded frequently when she heard it, and murmured in a low voice: "It sounds like the combination of Germany and France is obviously better!"

But looking at the ministers around him, he saw that they were all sweating profusely, and couldn't help frowning slightly.

Can those old masters not sweat profusely in a hurry?

If you do this, the unity of etiquette and law will be gone!

The gift becomes a reference.

Isn't this weakening the noble and inferior classes?

You're really sleazy at playing tricks and tricks!

I saw a scholar-bureaucrat standing up suddenly and said: "If you follow your words, the minister can also sue the king."

You always use the example of the husband as the wife, the reason we impeach you is that the ruler is the minister, you have the ability to explain this thoroughly!

As soon as these words came out, the people who were whispering just now stopped immediately, and the lobby immediately became quiet.

Zhang Fei shook his head and laughed, "This doctor still doesn't understand!"

"The old man understands very well."

"Really?"

Zhang Fei said to his students: "I just said that the case of a wife suing an official is a kind of behavior under the legal system?"

Cai Bian said: "Seek protection."

"Yes!"

Zhang Fei said: "The rule of law is only to protect the rights and interests of wives. It is to defend the relationship between husband and wife, not to destroy the relationship between husband and wife, nor to encourage wives to sue their husbands every day.

As I said just now, the basis for the judgment should also refer to morality. The purpose of morality is to seek national stability and family harmony.

The same is true for the ruler as the guide for the ministers. The purpose of the legal system is to defend the ruler as the guide for the ministers.

In fact, under the rule of morality and punishment, the ruler is the guide of the ministers, which is not good for the monarch, and it is also not good for the ministers, because there is only punishment in the middle, and there is no protection. This is actually a very dangerous relationship. The reason is the same as the husband guides the wife. the same.

If the ministers either run away or commit suicide, then it is impossible for this country to survive forever. "

As soon as these words came out, the faces of the ministers looked a little better, but they were more or less worried about gains and losses in their hearts.