Judge of the Song Dynasty Chapter 385: Don’t do to others what you don’t want to do to yourself
In this time of worrying about gains and losses, more people feel very disappointed.
This kid is really good at talking.
Although Zhang Fei was released, they all believed that the matter was not over yet, so many people were looking forward to this lesson.
Because of the contradiction between the law of the rule of law and the three cardinal principles and five constant principles, it is really visible to the naked eye. There is an unequal relationship in it, and it is in the interests of the ruler. You want to be equal.
In their view, this cannot be explained.
It never occurred to me that Zhang Fei actually interpreted the law of the legal system as the protector of the three cardinal principles and five constant principles.
Clearly knowing that he is trying to weaken the etiquette, and it can even be said that he is subverting the etiquette, because according to the law of the legal system, the etiquette is stripped, but you can object, and you can't really say that he is wrong.
"Then...then you can talk about it specifically, the ruler is the minister under the rule of virtue and law."
I only heard someone in the crowd speak suddenly, but they were a little evasive.
Zhao Xu just glanced at it slightly, although he didn't see who said it, but he just smiled and said nothing.
The ministers and students didn't care who said it, but looked at Zhang Fei expectantly.
"I don't know the details."
Zhang Fei shook his head and said: "First of all, although I am an official now, I am not the kind of minister who can sit with officials to discuss state affairs; When it comes to the conflict between the monarch and his ministers, I don't really understand it."
Jiang Zhiqi immediately said: "Since you don't know anything, what are you talking about here?"
"Before the class, I explained the reason for this class. It was because my legal system caused ambiguity, and even affected these students, so I had to explain it clearly."
Speaking, Zhang Fei looked at the students again, "Now you should be very clear about the relationship between the rule of law and the three cardinal guides and five constant rules."
The students nodded first, but then shook their heads again.
I must have understood it, but they still hoped that Zhang Fei would talk more, but they always felt that it was scattered and some things hadn't entered their minds.
When it comes to the law of the rule of law, their brains start to be confused. One of the important reasons is that since the fall of the Qin Dynasty, Confucianism has unified the world, and any relationship logic is based on the family. personal.
So when they think about problems, they tend to ignore the individual, and their first reaction is home.
This is why Zhang Fei has to ask them from time to time in class, the concept of the law of the rule of law is to remind them of this.
"Okay!"
Zhang Fei sighed helplessly, "Let's sum it up again! Let me ask you, why does the law of the rule of law cause so much ambiguity?"
Cai Bianyan said: "Students think that the most fundamental reason is that the legal system emphasizes the protection of individual rights."
"Good."
Zhang Fei nodded, "This is the most fundamental reason. But what did they ignore?"
Shangguan Jun said: "I have neglected that both a family and a country are made up of one individual."
"It seems that you are all listening to the class seriously."
Zhang Fei went back to the wooden board again, "Then let's take husband and wife as an example again. What does Dong Zhongshu describe the relationship between monarch and minister, husband and wife, and father and son?"
"Yin and Yang."
"Yes, one yin and one yang."
Zhang Fei drew a picture of Taiji on the wooden board, painted black on one side, left a small space in the middle, wrote "husband", and directly wrote "wife" on the other side, saying: "Under the help of virtue and punishment, How is this relationship defined?"
Everyone is confused again.
If you change the picture, they don't know how to express it.
Zhang Fei continued: "Listen clearly, under the guidance of virtue and punishment, this is a relationship between emptiness and reality. The wife is emptiness, and the husband is reality. This blank space is reserved for the husband.
As we just discussed, if a husband and wife want to be harmonious, one party must give in. There is no room for two tigers, so simply determine which party should give in. Does it make sense? "
The students nodded.
"It makes sense."
Zhang Fei nodded, and said again: "Therefore, it is also stipulated in the case of Dezhufafu, because this is a convention. Then, under the situation of Dezhufafu, can the husband overflow to the wife's side? "
"Can't."
Ye Zuqia said very firmly.
Zhang Fei smiled and said, "Are you going to build a wall to block him? Everyone will never communicate with each other."
"...?"
Is this still a husband and wife?
Zhang Fei said with a smile: "One side is empty, the other side is real, and the two are intertwined, and there will inevitably be twists and turns in life, and there will inevitably be overflow. But the two The difference between the two lies in the processing method after overflow.
Under the principle of morality and punishment, the overflow is overflowing, as long as it is not overflowing, that is to say, don't go too far, which leads to different degrees of overflowing in different families.
Such as Wang Xueshi and Sima Xueshi, their families are less likely to overflow. "
Wang Anshi and Sima Guang looked at Zhang Fei unhappily.
For this family matter, what example do you take us for?
Zhang Fei added: "However, with the help of virtue and the law, because of the concept of defending the legitimate rights and interests of individuals, once the rights and interests of the wife are harmed, the law may intervene. What is the purpose of the intervention?"
"Back to the original." Cai Bian said.
"Good."
Zhang Fei nodded, and said: "It is to use coercive means to return the overflowing part, and continue to maintain the original state. So it can be seen from this, what is the standard of incrimination in the law of the rule of law?"
"Infringement on the legitimate rights and interests of individuals."
"Yes. This cannot be changed, because this is the idea of the law of the rule of law."
"But what about the standard of guilt?"
"Three Cardinal Principles and Five Constant Principles."
"It is to refer to the Three Cardinal Principles and the Five Constant Principles. To put it more bluntly, it is to use the rights of the individual as the principle of incrimination, and the rights of the family and the country as the basis for the crime. This is precisely the reason for the greatest ambiguity."
Zhang Fei explained: "They only saw that the law of the legal system has changed the principle of criminalization. It has indeed changed, but they have ignored the basis for criminalization of the legal system. Do you think the two are better or worse? "
Cai Bian said: "Morality governs law and assists."
"Of course."
Zhang Fei said with certainty: "In fact, they all understand this truth, because it is very similar to a political idea?"
Political ideas?
Everyone can't help but lower their eyebrows and think.
Zhang Fei smiled and asked, "Have you thought about it?"
Fu Bi suddenly said: "Strive for profit with the people."
"Good."
Zhang Fei nodded and said: "It is to compete with the people for profit. This is the case with this family, and so is the country. Throughout the history of the subjugation of the country, it is because of the continuous overflow and continuous encroachment on the interests of the people, causing the people to live in dire straits." , the end result is family ruin, this is a game with no winners, the monarch, the ruler, and the people are all finished. Opposing to compete with the people for profit is to hope to achieve a balanced state.”
Speaking, he looked at Sima Guang and said, "Scholar Sima, do I make sense?"
Sima Guang nodded straight, "You make a lot of sense."
Zhang Fei said again: "But what's very interesting is that the people who said this are the same people who sued me. Bachelor Sima thinks they did it on purpose, or they did it on purpose."
The students all laughed.
Sima Guang gave him a vague look, so you kid is trying to hurt me!
Zhang Fei asked again: "Do you know that in the Analects of Confucius, there is a sentence that appears twice?"
Shangguan immediately replied: "Don't do to others what you don't want yourself to do to yourself."
Zhang Fei nodded: "It seems to be this sentence."
Shangguan Jun laughed honestly.
"What are you laughing at?"
Zhang Fei asked.
It's okay if he doesn't say it, but when he said it, the laughter was even worse.
Not only the students laughed, but also Fu Bi and Wang Anshi, even Zhao Xu and Empress Dowager Cao.
Zhang Fei said helplessly: "Don't think about it, what I want to say is that the law of the rule of law is to ensure as much as possible what you don't want, and don't do it to others, because there is a sky outside the sky, and there are people outside the people."
As soon as the voice fell, I heard someone ask: "Then what do you think of the New Deal?"
"About this point, I have already said it in class."
Zhang Fei said: "I will borrow this yin-yang diagram to explain again. For example, the point of view of Bachelor Sima emphasizes maintaining a state of balance as much as possible. But with the help of morality and punishment, is the point of view of Bachelor Sima correct?"
The students nodded.
"The master of virtue and the assistant of punishment?" Zhang Fei asked.
The students blinked, then shook their heads again.
"What are you thinking, of course you are right, I just said that this is allowed." Zhang Fei asked again: "But is this Wang Xueshi's point of view?"
Everyone shook their heads again.
"Then what is the point of view of Bachelor Wang?"
Zhang Fei drew a big circle on the side again, "This is Wang Xueshi's point of view."
Wang Anshi stroked his beard and laughed, "It's very vivid and right."
This circle is so cool to watch.
Wen Yanbo asked: "The painting is really good, so can it be done?"
Zhang Fei said: "I don't know if Wengong is asking whether Wang Xueshi can do it, or whether this circle can become so big?"
Wen Yanbo was taken aback for a moment, "Ask them all."
Zhang Fei replied: "I don't know if Scholar Wang can do it. I'm so young and don't know much about politics. I'm talking about law, but whether the circle can become so big, I personally think it is possible." of."
Sima Guang asked, "How do you say that?"
Zhang Fei replied: "Because I found that the yield per mu in the Qin and Han Dynasties was not as good as that in our dynasty."
Sima Guang said: "That's only because of the improvement of rice seeds and tools."
"Did the circle get bigger?" Zhang Fei asked.
Sima Guang said: "But this has nothing to do with the political reform."
Zhang Fei said: "I don't know about this, but Wang Xueshi has a saying that can be explained in this way, that is, if you want to be rich in the world, you must invest in the world."
Wang Anshi immediately said: "What can be explained in this way is what I mean."
Zhang Fei said: "I don't know very well, so I dare not say too absolutely, but many people don't think so."
Wang Anshi snorted: "As you said, if they are opposed to competing with the people for profit, why would they oppose the rule of law?"
Zhang Fei asked: "So, does Wang Xueshi support the rule of law?"
Wang Anshi said: "Of course I support it. The New Deal is not about competing for the interests of the people. What am I afraid of?"
"Yeah! What are you afraid of?"
Zhang Fei nodded.
There is silence in the classroom.
Zhang Fei swept his eyes and said: "The atmosphere seems a bit awkward, okay, then this class will end here."