Careless!

I was really careless!

Old scholars like Yan Fu never imagined that Zhang Fei would unite with those candidates and target them right from the start.

The enemy of my enemy is my ally.

The key point is that as far as Confucian ethics are concerned, they should not speak casually in other people's classes.

They are also helpless about this.

Fortunately, Zhao Xu only told them to try not to speak, not that they were not allowed to speak. If there was a chance, they could still say a few words and still maintain their demeanor as an old scholar.

This is the only way they can comfort themselves.

In fact, Zhang Fei had already thought about doing this before he came here. It was not a sudden decision after seeing the clear black and white, nor was it because he was afraid of these old masters. Now that he had said this, he would have to face these things.

But for a lawyer, order is of paramount importance. Without orderly debate, the lawyer is nothing.

...

...

Zhang Fei did this just to maintain classroom order. We will fight slowly later.

This is also why he was unwilling to discuss this issue with Sima Guang or even Xu Zun. The discussion would never end, and even in modern society, they are still discussing these issues.

Back on the podium, Zhang Fei flipped through the textbook he had prepared. "In the last class, we talked about the original intention of establishing the Law Institute. Law is not just a few simple laws and regulations. Its importance is self-evident. In this class, we will continue to explore the essence of law."

"teacher!"

Suddenly, someone shouted softly.

Zhang Fei looked up and saw that it was Cai Bian. He asked, "What's the matter?"

Cai Bian smiled respectfully and reminded softly, "Teacher, maybe you forgot that there was a question you didn't explain clearly in class."

Zhang Fei was surprised and asked, "What's the problem?"

A murderous gaze shot from a distance.

It goes without saying that it was Wang Anshi.

I actually forgot all my questions.

Cai Bian said: "It is the problem of the Legalists' rise to power in Qin."

Ye Zuqia immediately agreed, "Yes, Mr. Wang raised this question in class, but combined with what the teacher said at the time, it seems to be contradictory."

The rest of the students nodded obediently.

Although they also came for revenge, they now knew that the only reason they could ask questions was because this was their class, so they had to abide by classroom discipline. Otherwise, those old teachers would take advantage of them.

This "teacher" sounds so sweet.

Even when saying "NMLGB", you have to use honorifics.

Zhang Fei couldn't help but glance at Wang Anshi, then said: "Oh, this is what Wang Xueshi proposed. I will discuss it with him privately. We should still focus on the course."

course?

There are no textbooks, what course is there?

Wang Anshi opened his mouth but held back, thinking, this kid is trying to use the same old trick again.

Coincidentally, other people thought so too.

At that time, Wang Anshi had just raised this question and the get out of class was over. Zhang Fei said that he would discuss this issue in the next class, which led to those students studying this issue.

Now Zhang Fei wants to change his mind again, which means he wants to set up another question to catch them off guard again.

We have learned from our mistakes and will never let Zhang Fei succeed again.

Cai Jing immediately said: "Teacher, this question is also about the difference between the law of the legal system and the law of the Legalists. We still haven't figured it out. I hope you can solve our confusion."

Seeing that the students also realized Zhang Fei's trick, Wang Anshi couldn't help but smile to himself. You kid, if you want to get away with it, you are looking down on these students too much.

Zhang Fei glanced around and saw that they were eager to make a move, so he closed the notebook and said, "Since you haven't figured out this problem, then let's continue discussing this topic."

As he spoke, he came to the side of the podium, leaned on it, and crossed his arms. "If I remember correctly, during the Spring and Autumn Period and the Warring States Period, Legalism represented the most powerful and advanced thought. Whoever used Legalism would dominate. First it was Qi, Wei, Chu, and finally Qin. Qin used it the best and most thoroughly, so Qin had the last laugh."

Cai Bian immediately said: "To govern a chaotic world, you need strict laws. During the Warring States period, the country was even more chaotic. Strict laws were used to govern the country, so Qin became powerful. But the teacher doesn't seem to agree with this."

Zhang Fei smiled bitterly and said, "Who told you that to govern a chaotic world, you need severe punishments?"

Cai Bian replied: "It is mentioned in the Shangshu."

Zhang Fei said: "First of all, you have to understand that the Qin State used the Legalist law. Although it contained severe punishments, it was not used to govern a chaotic world, because the Qin State was not in a chaotic world at that time. The chaotic world was relative to the Zhou Dynasty at that time. The Legalist law of the Qin State was to strengthen the country.

Secondly, you said that severe punishments should be used in times of chaos. Can you give me a successful example? The Han Dynasty was a dynasty that ruled by inaction, and Emperor Taizong of Tang was a representative figure who was cautious in punishment and used fewer punishments.

The Song Dynasty's Criminal Code is consistent with the Tang Dynasty's Law Commentary, except that it increased the penalties for thieves, but it doesn't seem to have much effect."

After these words were spoken, the group of prime ministers behind him all looked embarrassed.

This is also true.

It really seems to be useless, they can only comfort themselves that if severe punishment is not used, things may be even worse.

Zhao Xu and Fu Bi were very much looking forward to it.

This problem has always existed, but no one has a good solution. Do you have one?

Then I heard Zhang Fei say: "In the era of warlords, it is certainly acceptable to use severe punishments for marching and fighting, but it is absolutely unacceptable to use them to govern a chaotic world."

Cai Bian asked: "Why?"

Zhao Xu, Wang Anshi, Sima Guang and others also looked at Zhang Fei with great confusion.

Because the debate over whether to impose severe punishment or be cautious in punishment is also a frequently debated topic within the ruling group of the Song Dynasty. Some people advocate severe punishment, but others advocate being cautious in punishment or lenient in punishment.

But no one said that Zhang Fei was so arbitrary. Even those who advocated light punishment believed that one must keep pace with the times. They were not against severe punishment. Their basis was that the country had been built for such a long time, and the punishment should not be increased. Instead, it should develop in the direction of cautious and light punishment.

Moreover, if you want to deny the laws of the Legalists, harsh laws and severe punishments are also a major argument.

As long as you cannot deny this point, the laws of Legalism have their meaning.

Zhang Fei said: "In troubled times, the legal system is corrupted, which will inevitably lead to bandits everywhere, and people who break the law and order everywhere. But you have to understand that this is not what most people want. They are forced to do so. If you don't rob others, you will be robbed by others, so you take this path.

If everyone is born a thief, there will be no legal system. The concept of legal system is a consensus to defend the legitimate rights and interests of individuals. It is not something that Li Kui came up with on his own wisdom. If everyone wants to be a thief, there will be no such consensus, and there will be no talk of severe punishment.

Based on this point, if you use harsh punishments to rule the world, the people will think, I broke the law before, will you settle the old scores? And once bad habits become habits, they can't be changed in a short time. If you catch them, they may be sentenced to death. Do you think they will turn themselves in or go to the mountains to become bandits?

This will lead to the situation of Qin, where the harsh laws and punishments have reached the pinnacle. Do you think the public security in Qin was better or that in the Zhenguan period?"

"The Zhenguan period." Shangguan Jun replied.

The scholars and officials behind him also nodded frequently. Of course, they liked the Tang Dynasty and disliked the Qin Dynasty.

Despite the dark history of the Xuanwu Gate Incident, which violated Confucian morality, Emperor Taizong of Tang was the most beloved emperor by Confucianists in later generations.

To set an example, we must first find a successful person. This is the most basic thing. Duke Xiang of Song was also benevolent and righteous, but Confucians rarely mention him.

Emperor Taizong of Tang was not only a powerful military officer, but also a strong civil official. With this exaggeration, he is basically the perfect monarch in the minds of Confucians.

As for Li Jiancheng, Confucianism did not say that it would turn a blind eye to it. Since the Tang Dynasty, Confucianism has insisted that the eldest son ascend the throne.

Because in the Tang Dynasty, the eldest son ascending the throne was considered a counterattack, so Wu Zetian was just a second daughter.

Of course they would not object to using the Zhenguan period to suppress the Qin Dynasty.

"That's right."

Zhang Fei said: "No one is perfect, and some illegal acts are caused by natural disasters. You are facing a dead end. As far as human nature is concerned, if there is a chance, you will definitely become a bandit. It is better to live a miserable life than to die.

The harsh laws of the Qin Dynasty soon led to the mountains being filled with bandits. From Qin Xiaogong to Qin Shihuang, the people of Qin gradually understood one truth: first, never break the law, and second, if you break the law, you should run away immediately and become a bandit. "

Cai Bian asked: "Can light punishments calm a chaotic world?"

"This is the only answer." Zhang Fei said very affirmatively.

Cai Bian was stunned and asked, "What do you mean?"

"I reiterate that the rule of law is a consensus among individuals to defend their legitimate rights and interests. Since it is a consensus, it will have the ability to recover itself. When everyone knows that the law has been restored, there will be no one to rob my farm every day. Most people will go back to farming and will not become bandits. When good people become the majority, the bandits will become weaker."

"According to Master, the government should not do anything and should follow Laozi's principle of ruling by inaction."

“That’s the secret.”

Zhang Fei said: "I just said that severe punishments should be used in marching and fighting. This is acceptable. Moreover, since ancient times, the requirements for military discipline must be higher than those for ordinary people. This is common sense.

Why? Because they have weapons, their specialty is killing people, and they are very powerful. Once the army goes into chaos, the consequences will be disastrous. I believe that our dynasty is the most experienced in this regard. "

Many people nodded.

The Song Dynasty was established amidst the infighting among warlords, and the control over generals was so strict that it was almost like destroying their own military prowess.

Sima Guang saw that something was wrong. Didn’t everyone come here to argue? Why did everyone agree with whatever he said?

Is this what they are saying, leaving them speechless?

Zhang Fei continued, "By the same token, what about officials? Officials hold power, so the requirements for officials must be higher than those for ordinary people.

However, severe punishments are often accompanied by coercion, which means giving officials enormous power and very few constraints. Isn't this putting the cart before the horse?

Just turn it upside down. The key to governing a chaotic world has never been to rule the people with harsh laws, but to rule the officials. To restore the rule of law, we still need to rely on the government to guide it. "

The old teachers who were nodding their heads frequently suddenly woke up when they heard this.

Good job!

After all this talk, it turns out you're going to deal with us severely?

This guy really has evil intentions!

Ye Zuqia seemed to feel the chill on his back, so he said, "In your opinion, we should use severe punishments to punish officials."

Zhang Fei said: "I just finished talking about this, and you still don't learn your lesson. The people are like this, and the officials are even more so. If the officials are punished severely, and they are greedy for a penny, they will kill all the villagers to silence them. This is very scary.

Many laws and regulations in the Song Dynasty's Criminal Code contain this kind of thinking. If you push people to death, most people will become desperate and become fugitives. If you are engaged in judicial work in the future, you must pay attention to this issue. "

Shangguan Jun immediately said: "In the final analysis, it still depends on the ability and character of officials, not on the law of the system. This requires relying on Confucian law. Officials with good moral character can govern the chaotic world well."

The old teachers smiled again. If this boy wasn't the top scholar, then God must be blind.

When governing officials, one must use virtue, not harsh punishments.

Zhang Fei came to the wooden board that had been prepared for him and wrote a sentence with charcoal. It was exactly the method of the ancestors of the Song Dynasty, "Be prepared for events and control the twists and turns."

This time he tapped the wooden board gently. "Does the law of our ancestors have any hint of moral conduct?"

Countless murderous glances suddenly shot over from the white-haired man.

There was one originally, but you ruined it.

The laws of our ancestors were truly full of benevolence and righteousness. They also included some of the policies of Taizu and Taizong, which were all traditional Confucian policies.

A lawsuit turned this ancestral law into just a sentence.

When this matter is mentioned, they hate it!

Zhang Fei continued: "I just said that the constraints on the military and officials must be higher than those on ordinary people. But is moral character a constraint? No! It is a kind of self-cultivation. Otherwise, there would be no need for laws, and moral governance can handle everything. Although this is not putting the cart before the horse, moral governance can still play a supporting role, but it is not a constraint after all.

The laws of our ancestors actually include the laws for governing officials and for checks and balances. But how to check and balance, remember, this is the key, and it must be based on the laws of the legal system.

It is right that people enforce the law, but we must ensure that those who enforce the law are also supervised by the law.”

Shangguan Jun retorted: "But in the end, the law is dead, and people are alive. The law cannot actively supervise the law enforcers. People are still needed to supervise."

"That's a good question. It's related to my major."

Zhang Fei smiled and said, "That is litigation. Why do people in the court always talk about abolishing litigation? It's very simple. The common people don't understand the law, but the emperor does.

Litigation is actually a combination of the laws of our ancestors and the laws of the legal system. One of the meanings of "preventing things from happening and making rules for crooked things" is that when designing a system, it is necessary to go through careful and rigorous considerations.

The government uses the method of decentralization, but how to apply it to the people? The best method is to use the law of the rule of law to defend the legitimate rights and interests of individuals.

You have the right to arrest me, but I also have the right to defend my legitimate rights and interests. The occurrence of an unjust case has nothing to do with the interests of the superiors, but it is closely related to the victims.

Both the Confucian and Legalist laws require superiors to manage their subordinates, while the legal system pursues the right of the people to sue. Which method do you think is more effective in avoiding wrongful convictions? "

The rule of law and the rule of man have never been in opposition, but relative. The stronger the rule of law is, the weaker the rule of man is. Conversely, the stronger the rule of man is, the weaker the rule of law is. However, the rule of man will not disappear, but the rule of law can disappear.

The greater the power that individuals have to defend their legitimate rights and interests, the more society tends to the rule of law, and vice versa, it tends to the rule of man.

Shangguan Jun said: "But if you want to appeal, you have to file a complaint with your superiors."

Zhang Fei said: "Don't worry about your superiors or your superiors. First answer which method is more likely to avoid wrongful convictions."

Cai Jing said: "Of course it is the law of the rule of law, so our dynasty allows the people to sue the officials."

As expected of a treacherous minister, he knows how to talk. Zhang Fei smiled and nodded, saying, "That's the fact. As for whether you still need to report to your superiors, you should understand that if you don't report, you won't have much responsibility with your superiors, and it's also very likely that the officials below will get away with it.

But if you sue him, he will be responsible, and primarily responsible. Of course, he may also bend the law for personal gain, but there is no best method in the world, only relatively good methods. "

Ye Zuqia suddenly said: "It is natural that the people can appeal if they have grievances, but whether they should go through the process of litigation is still worth discussing.

Because the Erbi lawsuits are not for fairness and justice, but for profit. Some Erbi have bad intentions and, in order to seek more benefits, they make a simple lawsuit very complicated, which not only makes the injustice worse, but also increases the government's consumption. Especially in times of financial difficulties, this will lose the big picture for the small, causing many unjust cases to be shelved, which is also putting the cart before the horse. "

"Well said!"

Zhang Fei nodded with a smile and said, "This is why the Legalists were able to allow Qin to unify the six kingdoms, but this is also the main reason why I want everyone to take it as a warning."

(End of this chapter)