Throw away the charcoal pencil and get out of the way!
Zhang Fei's gorgeous turn caught everyone present off guard.
To Zhao Xu and others, it seemed that this class had just begun.
The statement that there is no law in Qin is really too new.
I just started to understand what was going on, why did you leave?
"Why!"
Zhao Xu couldn't help but raise his hand, wanting to call Zhang Fei to stop, but in the end, due to the dignity of the emperor, he put it down.
But Sima Guang did not hold back and blocked the door with a stern face.
"What are you doing?"
"Master Sima, this class is really not suitable for me. They don't even know some basic knowledge of law. The key... I don't know the key. I can only teach some students who have some basic knowledge and share my experience."
...
...
Zhang Fei complained with a depressed look on his face.
Is this basic common sense? I don't understand it either! Sima Guang glanced at Zhang Fei and said, "With so many people watching, you must finish this class no matter what."
After that, he whispered again: "That's enough, the official is still here."
How could he not know what Zhang Fei was doing.
revenge!
This kid appears to be magnanimous on the surface and speaks very nicely, but he is actually very narrow-minded... He is really vindictive!
With so many people blocking the door, all of them prime ministers, how could he leave? He wanted to deliberately humiliate those students.
This is to treat others in their own way.
Zhang Fei nodded aggrievedly and said, "Okay, I'll finish this lesson first, but I'm going to have a new batch of students in the future, and I really can't lead them with this."
Sima Guang said nothing, but just looked at him with a frown.
Zhang Fei turned around embarrassedly and returned to the podium. His eyes swept across the faces of this group of students, and suddenly he let out a long sigh.
Ye Zuqia, Shangguan Jun, Cai Jing, Cai Bian and others had never suffered such contempt.
Uncomfortable!
I want to cry!
Ye Zuqia really couldn't stand it anymore, so he stood up and said, "You deliberately made the legal system unclear in order to humiliate us. You are unworthy of being a teacher."
The others nodded.
"Not clear?"
Zhang Fei was startled and said in surprise: "No... No way. Haven't you understood it yet?"
"I...."
Ye Zuqia opened his mouth slightly, and his fair face slowly turned red.
Are we really too stupid?
Is it really that simple?
Let me think about it first.
Not only him, many people have the same idea.
Zhao Xu whispered to Wang Anshi, "Sir, do you understand?"
Wang Anshi shook his head slightly with a hint of embarrassment.
Zhao Xu breathed a sigh of relief, Fortunately, fortunately, I am not too stupid.
Cai Bian said: "Please forgive us for being slow and not understanding. I hope the teacher can help us understand the confusion in our hearts."
But the tone was very aggressive, as if implying, if you have the ability, you should just say it clearly!
They all felt that the fault was not theirs, but Zhang Fei's, and Zhang Fei couldn't explain it clearly at all.
"Okay! I'll explain it to you clearly. Just treat it as a temporary excuse. Otherwise, how will I get through this class?"
Zhang Fei shook his head helplessly, leaned on the podium, and asked Cai Bian: "Who told you not to steal from other people's homes?"
Cai Bian was stunned, "I...my parents."
Zhang Fei asked again: "Who told you not to fight with others?"
Cai Bian said: "My parents."
Zhang Fei continued to ask: "Who told you not to steal other people's things?"
"My parents." Cai Bian said.
Zhang Fei was stunned. "Why did your parents teach you everything? Are your parents saints?"
His parents are also my parents! As the eldest brother, Cai Jing could not sit still. He thought Zhang Fei was deliberately humiliating his parents, and immediately said, "This is common sense. What does it have to do with whether our parents are saints?"
"right!"
Zhang Fei pointed at Cai Jing and said, "This is common sense. To be more precise, this is a common sense and consensus formed by us living in this world.
This is not what Confucius taught us, nor is it what Mencius taught us, and it is certainly not something that Li Kui, Shang Yang, or Han Fei came up with based on their own wisdom.
Even an illiterate villager knows that stealing and cheating are wrong."
At this point, he snapped his fingers, "This is the law of the rule of law. This law was born out of our consensus and common sense. Why did this consensus emerge? It stems from our protection of our own interests. Therefore, the law of the rule of law must also defend everyone's legitimate rights and interests."
As soon as these words were spoken, everyone felt as if something had suddenly become clear.
Fighting and theft are written in the "Book of Law", but they were not invented by Li Kui. They have always existed and existed before the name of law was coined.
This is self-protection, which is a very personal matter, but this need has formed a broad consensus and thus formed into laws.
Li Kui just classified and improved.
It's not that he first thought that stealing was bad, then told others that stealing was bad, and then people gradually accepted it.
"I see."
Zhao Xu nodded slightly, and whispered: "This explanation is really unique!"
Lu Gong was puzzled and asked: "But wouldn't it be a case of generalizing from a single case?"
Fu Bi couldn't help but say, "It depends on how he interprets the Legalists."
Lu Gong suddenly looked a little embarrassed.
He generalized and failed to separate the Legalists from the legal system.
An embarrassed look gradually appeared on Cai Bian's face.
"Then here comes the problem."
Zhang Fei suddenly asked, "Is Shang Yang's "Grass Reclamation Order" considered common sense, or the consensus of the people?"
The students shook their heads.
Zhang Fei asked: "What about the ten-five joint punishment system?"
The students continued to shake their heads, but the atmosphere was not cheerful at all.
Zhang Fei asked: "This order and this law, is it considered a law?"
“......!”
Doesn’t it count?
Does it count?
According to their common sense, this is certainly legal.
But at this moment, no one dared to answer this simple question.
"well...!"
Zhang Fei sighed again.
I don’t know why, but every time he sighed, the students felt their hearts wrench in their throats.
Look for cracks in the ground everywhere.
Zhang Fei said: "There is a saying, 'When a person dies, there is no rest...'"
"Political Rest!"
A clever little guy answered.
"Yes! The regime will cease to exist when the person dies."
Zhang Fei nodded, "But this word is often used for something."
"Reform and change the law."
"good."
Zhang Fei nodded again. "It started as a reform, but ended up being a political cessation. Why? Because the laws issued by Shang Yang were, more accurately, political decrees, not laws."
As he spoke, he picked up the charcoal pencil and walked to the wooden board. "Except for some extremely special cases, most of the time, we can distinguish between the law of the legal system and the law of the legalists. The law of the legal system comes from people's protection of their own legitimate rights and interests, or it can be said to be a common sense, or even a widespread demand."
As he spoke, he drew an arrow symbol from bottom to top.
He then drew an arrow from top to bottom on the right side, and said as he drew it: "The law of the Legalists is a set of methods used by the monarch and ministers to govern the country. You can clearly distinguish between common sense and methods, right?"
“......!”
No one answered.
But this time it wasn't arrogance, it was embarrassment.
Zhang Fei said weakly: "Are you guys dumb? Can you please give me some response?"
Ye Zuqia suddenly asked: "If it is written in the Song Dynasty Criminal Code that robbery is legal, does this... count as a law?"
Everyone's eyes lit up, thinking this was a good question.
The legality of robbery is obviously contrary to Zhang Fei's summary of the law of the legal system, but it is written in the Song Dynasty Criminal Code, which is the law text.
Isn't this the law?
Zhang Fei asked back: "What do you think?"
Ye Zuqia said: "This is already written in the Song Dynasty Criminal Code, so of course it counts!"
Zhang Fei looked at the others again, "Do you all think so?"
Everyone looked at each other and nodded slightly.
Even though they don't understand, they should at least unite.
Zhang Fei said: "Let me ask you, if we want to make robbery legal, how should we stipulate it in the Song Dynasty Criminal Code?"
"Just write it down directly." Ye Zuqia said.
Zhang Fei asked: "What about the robbery charge?"
Ye Zuqia said: "Just wipe it off."
Zhang Fei said: "If this crime is erased, then robbery will be legal, right? Is it necessary to specify this?"
“......!”
Ye Zuqia was a little confused and said, "It's okay if you don't specify it."
Zhang Fei asked, "If all the crimes listed in the Song Dynasty Criminal Code are erased, stealing, cheating, looting and killing will all be legal. Do you think this is legal?"
Ye Zuqia blinked.
Zhang Fei asked, "How did our ancestors describe the laws during the war?"
"Discipline is broken and lawlessness reigns."
"correct."
Zhang Fei said: "Robbery is legal, there is no need to stipulate it, because as long as we reach a state of lawlessness, it will be fine. Talking about law in a state of lawlessness is like taking off your pants and farting. Now let me ask you the other way around. If the court stipulates that when you are about to starve to death, you rob a bun to eat in order to survive, the court will not hold you accountable, is this the law of the legal system or the law of the legalists?"
Ye Zuqia thought for a while, "Law...Law of the Legalists."
"Um?"
"Law...Law of the rule of law?"
"Um?"
“Students don’t know.”
Ye Zuqia was completely dizzy. He felt like a fool at this moment.
Zhang Fei didn't know whether to laugh or cry, and said, "First of all, this should belong to the Confucian law. The Legalists would not stipulate this. Secondly, it depends on which official office issued it. If it is an official pardon order, and it is also written into the memorial, then it is the law of the legal system, because this provision has many prerequisites. Based on these conditions, this is actually a kind of self-protection awareness and common sense. After all, human life is at stake. If the buns are gone, you can make them again, but if the person dies, it is really gone.
Of course, if we really want to legislate on this, it will be very complicated, because there are many judgments involved, and it is very difficult to obtain evidence. Therefore, the court is unlikely to do so. This is also one of the reasons why we study law.
But if the government only issues this decree for a specific region or a specific period of time, then it is the law of the Legalists. "
Shangguan Jun suddenly asked: "If the law of the Legalists meets the law of the legal system, which one should come first?"
Everyone was stunned.
This question has caused many people to ponder.
Zhang Fei did not answer but asked: "If the Political Affairs Hall in Tokyo promulgated a rule that if someone is starving to death, robbery is not illegal, and you are a judicial official, how would you rule if you encountered this case?"
Shangguan Jun frowned and thought for a while, then said, "I...I don't think I will pursue his responsibility."
Zhang Fei asked: "What about the person who was robbed?"
Shangguan Jun said: "I will compensate him in the name of the government."
Zhang Fei said: "But the Political Affairs Hall did not stipulate that compensation must be paid."
Shangguan Jun said: "But if this is the case, no one will dare to sell buns on the street in the future."
Zhang Fei smiled and nodded: "Not pursuing their responsibility means that the responsibility exists. Compensating the victims for their losses is a transfer of responsibility. The reason for all this is derived from the law of the legal system. It is natural to pay debts and kill people. So which one do you think is greater, the law of the legalists or the law of the legal system?"
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Shangguan Jun said: "The rule of law is great."
Zhang Fei rolled his eyes immediately: "You can even answer this wrong, of course the law of the Legalists is greater! Hey kid......!"
Shangguan Jun immediately had a face full of question marks.
I'm following your words, is this all wrong?
Are you kidding me?
"In fact, this example has nothing to do with this question. No matter what, the law of the legalists is greater. How can the law of the legal system be greater?"
Zhang Fei smiled and said, "If the rule of law is the most important, then how did those tyrants, corrupt officials come into being? This is common sense, okay? Anyone who has read history books knows it."
As soon as these words were spoken, there was complete silence inside and outside the classroom.
The hands of many scholars and officials were trembling slightly.
Tyrant? Incompetent ruler? Corrupt official?
Who are you scolding?
Is it possible to say this?
So everyone looked at Zhao Xu.
Chief Justice of the Northern Song Dynasty
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