Chapter 348: The True Confucian-Legalist Dispute



Sima Guang was a little panicked.

I just asked you to talk about litigation, but you are going a bit off topic. What does litigation have to do with tyrants?

Wang Anshi was also a little panicked.

You kid have separated the laws of the Legalists from the law. In the future, many of my new laws will have no justification, or even be controlled to death by your laws of the legal system.

On the contrary, Zhao Xu was very interested in the lecture. Like the other students, he was listening attentively. After a while, he realized that many ministers around him were looking at him quietly. He couldn't help but glance at them and asked in a low voice: "Do you think he is mocking me?"

Those ministers quickly shook their heads to deny it. Who the hell dared to say that?

But they were all muttering in their hearts, it doesn't matter whether it is true or not, what matters is that his words seem to question the imperial power, so you just let him continue to say that?

These ministers were filled with fear, but the students were all young and inexperienced. After all, they had never experienced the power of literary inquisition, so there was nothing they couldn't say. They were completely immersed in the debate with Zhang Fei.

Shangguan Jun asked directly: "What is the relationship between corrupt officials and the rule of law?"

"Of course there is a connection, and it's very close. Let's sort it out first."

...

...

Zhang Fei came to the wooden board and wrote "Legalist Law" on it, saying, "I have just explained that Legalist Law is the way the monarch and ministers rule and govern the country."

Then there is a broad consensus on the benefits. When the two interests collide, in the hands of incompetent rulers and corrupt officials, the legalists' law often wins. Think about it, don't they wantonly destroy the law of the rule of law? To put it more bluntly, they arbitrarily infringe on the legitimate rights and interests of others. In the hands of wise rulers and virtuous officials, the law of the rule of law often wins. Isn't that the truth?"

Cai Bian said: "Although this is true, it only means that it varies from person to person."

Zhang Fei smiled and nodded: "Yes, it depends on the person. Then look at the definition of the law of the legal system and the consensus on defending the legitimate rights and interests of individuals. In this sense, this already exists objectively, but it depends on the person. Which one do you think is greater, the law of the legalists or the law of the legal system?"

Sima Guang, Wang Anshi and others all nodded slightly.

They did not agree with what Zhang Fei said, but they understood what Zhang Fei said.

The laws of the legal system exist objectively and vary from person to person. Whether they are right or wrong, good or bad, is purely subjective.

This is enough to prove that subjectivity overrides objectivity.

In other words, the Legalists’ legal affairs are greater than the laws of the legal system.

Cai Bian frowned and said, "According to what you said, the legalists advocate that the law should not favor the rich and the law should not bend, isn't it advocating your legal system?"

Zhang Fei said: "This sentence itself is not wrong, but if it is applied to the Legalist thought, it is a mistake on top of a mistake, and it is even worse."

"Why is this?" Cai Bian asked curiously.

Zhang Fei said: "You have to see what the motive is. A knife can be used to kill people, but it can also be used as a financial tool to kill pigs. The Legalists' law is not partial to the rich, and the rope is not bent. It does not ask everyone to defend their legitimate rights and interests. There is no such idea in the Legalists.

The meaning of the Legalists is to make everyone obey the rules I set. To put it more bluntly, everyone is my slave. You do what I say. In the Qin law, such regulations are everywhere. "

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Cai Bian fell into deep thought again without saying anything.

This question seems to get more complicated the more I ask it.

Ye Zuqia suddenly asked, "According to you, as long as we follow the law of the rule of law, we can govern the world well."

Zhang Fei smiled and said, "From your tone, it seems like this is very simple."

Ye Zuqia wondered, “This is not complicated.”

The others nodded as well.

This sounds very simple!

Obey the law of the rule of law, how difficult can it be!

Zhang Fei asked: "If the emperor says or does something wrong, would you dare to dissuade him?"

Everyone couldn't help but look at Zhao Xu again, but they saw that Zhao Xu was thinking seriously and didn't pay any attention to them at all.

I can only say that this little emperor has a broad mind.

Ye Zuqia raised his head and said, "Why wouldn't I dare?"

Zhang Fei asked again: "How do you persuade him?"

Ye Zuqia hesitated for a moment and said, "Of course I will persuade him with reason."

"What's the reason?"

"The Principle of the Sage."

“That’s right!”

Zhang Fei nodded. "This is the essence of Confucianism. If you think it's easy, it only means that you are better than Confucius."

Ye Zuqia said in fear: "How dare Zuqia be compared with a saint."

Zhang Fei asked, "Then why are you saying this isn't complicated?"

Ye Zuqia was stunned at first, but then he replied: "I don't think this is the essence of Confucianism."

Zhang Fei wrote "Confucian Law" on the wooden board, and then wrote "Song Dynasty Criminal Code" between the two laws. He then asked, "Do you think the legal texts and comments on the current Song Dynasty Criminal Code are more inclined towards the Legalist law or the Confucian law?"

this......!

A group of students were hesitant.

Judging from the name, it is naturally more inclined to the Legalist approach. This was common sense before, but now this common sense has begun to be distorted.

Suddenly, an old voice was heard, "If what you said is true, then Confucianism should be more inclined to the rule of law."

Zhang Fei looked up and saw that the person who spoke was none other than Fu Bi.

The old man was so fascinated by what he heard that he even started answering questions.

Having said that, Zhang Fei's decision to leave just now was not entirely to humiliate the scholarship. This course was really not suitable for these students. Instead, it was suitable for people like Fu Bi and Wen Yanbo.

"Mr. Fu has a point."

Zhang Fei bowed and said, "Why do you prefer Confucianism? Because Confucianism talks about secular principles. For example, protecting one's relatives is something that Legalism definitely doesn't believe in.

But in terms of human nature, if a son sues his father or a father sues his son, nine times out of ten it is just forcing people to lie. Even a tiger won't eat its own cubs!

Although it is not wrong to sacrifice one's relatives for the sake of justice, protecting one's relatives is a natural instinct and a widespread consciousness, which conforms to the definition of the law of the rule of law.

You all grew up studying Confucianism. Think about the principles of Confucianism. Doesn’t it teach you how to distinguish between good and evil and how to do good? "

Everyone nodded.

Zhang Fei said: "A person with high moral standards is unlikely to violate the law of the legal system, but a Legalist will definitely violate the law of the legal system, because the Legalists must get rid of the law of the legal system, otherwise, the Legalists are not Legalists. Shang Yang once said that he expressed the law of the Legalists very clearly and accurately."

At this point, he finally opened the small notebook on the table, "'The wise make laws, the foolish are controlled; the virtuous change the etiquette, the unworthy are bound by it', but this sentence is completely opposite to the law of the rule of law."

Shangguan Jun said: "It can be seen that the Confucian law is better than the Legalist law, and also better than the legal system."

After hearing this, Zhang Fei raised his left hand and rubbed his forehead, his face full of disappointment.

Shangguan Jun was really anxious. After this class, he began to doubt his life. "Did I say something wrong again?"

Zhang Fei glanced at him indifferently and said weakly: "Tell me first, why do you think so?"

Shangguan Jun said: "People with high moral standards will not break the law, but people who abide by the law may not necessarily have high moral standards. This shows that the law of Confucianism is better than the law of the legal system, and even better than the law of the Legalists."

Zhang Fei glanced around and asked, "Do you all think so?"

Many students were already lost and did not dare to give any answer.

Yan Fu suddenly stood up and said, "That's what I think. What's wrong with that?"

The tone was very arrogant.

Bang bang bang!

Zhang Fei suddenly knocked on the wooden board hard.

Yan Fu was so frightened that he trembled. Is this kid crazy?

Zhang Fei doesn't care about that. You are showing off in my class. Have you ever considered my feelings? It's unreasonable. "I have repeatedly emphasized that the rule of law is a consensus among people to defend their legitimate rights and interests.

Is the Confucian law this kind of consensus? No, it is what the saints said, and it is basically as Shang Yang said, the wise make the law, and the foolish make the rules. "

Yan Fu also became anxious and shouted: "The Confucian law is superior to the legal system, so there is no need to abide by the principles of the legal system you are talking about."

Zhang Fei smiled and asked, "Don't you think this is a contradiction?"

Yan Fu asked: "Where is the contradiction?"

Zhang Fei said: "You also said that the Confucian law is superior to the legal system. So if we abide by the Confucian law, we will not violate the legal system. Is that right or not?"

Yan Fu nodded and said, "That's right."

Zhang Fei said: "In this case, the old gentleman said that there is no need to abide by the principles of the rule of law. If this is not a self-contradiction, what is it? If you don't even abide by the most basic principles, how can you meet higher requirements?"

Yan Fu's expression froze, and he felt a little dizzy.

But when I think about it carefully, I feel something is wrong.

Wen Yanbo suddenly stood up and said, "You are just using clever arguments. Mr. Yan definitely did not mean that. What he wanted to say was that to follow the Confucian law is to follow the principles of the legal system and to meet higher requirements."

Yan Fu nodded repeatedly, "Yes, yes, you are really good at sophistry. You have fooled me. Confucianism is the secular principle. The law comes from virtue, and virtue naturally follows the consensus you mentioned."

Zhang Fei asked, “Really?”

Wen Yanbo said with certainty: "Of course."

Zhang Fei asked: "Not punishing scholars and officials, is this considered Confucian law? And does it follow the principle of legal system?"

“......!”

Wen Yanbo was stunned for a moment.

All the students looked at him.

Wen Yanbo's old face was slowly turning red.

If the common people break the law, they will be killed. If the scholars and officials encounter the law, the law will be gone.

Don’t you think so?

An old man excitedly said to Zhao Xu: "Your Majesty, this man has spoken evil words and committed treason. I beg you to punish him immediately."

Immediately, another group of scholars and officials stood up and demanded severe punishment for Zhang Fei.

Zhao Xu smiled and said with a relaxed look: "This is just an academic discussion, Doctor Cen, you don't need to take it too seriously."

Wang Anshi laughed and said, "Doctor Cen's words just confirm his Confucian legal theory."

Doctor Cen didn't dare to show his displeasure to the emperor and could only glare at Wang Anshi.

Zhang Fei also heard it clearly, and hurriedly explained: "Don't be angry, old sir. I actually want to praise Confucianism, not to deny it. I just want to criticize it first and then praise it. Don't be anxious!"

All the scholars and officials glared at Zhang Fei angrily.

I don't believe you.

The punishment is not imposed on scholars and officials, but you bring it up. You are not only trying to pull our pants off, you are trying to take our lives!

Chief Justice of the Northern Song Dynasty

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