In the silent classroom, the only sound could be heard: Zhang Fei writing with charcoal on the wooden board.
Zhang Fei wrote a "德" (virtue), two horizontal bars, and then "刑" (punishment) on the wooden board.
Below it is written "德", two horizontal bars, and "法".
It represents virtue as the main and punishment as the auxiliary and virtue as the main and law as the auxiliary.
The students are very familiar with Zhang Fei's teaching method. They are nervous but full of expectations.
“That’s right!”
Just as he put down his hand and turned around, Zhang Fei suddenly seemed to remember something and asked, "Do you know what this code of conduct is?"
The students said in unison: "It belongs to Germany."
Zhang Fei asked again: "Is morality equal to the principles of morality? Is morality equal to the principles of morality?"
"no."
...
...
"What is that?"
"The rules of conduct are all about etiquette."
"good."
Zhang Fei nodded, turned around and wrote "li" next to "de," and then asked, "What is the relationship between etiquette and virtue?"
“Etiquette also belongs to virtue.”
"That's quite true."
Zhang Fei drew a small circle to enclose "li", and then drew a big circle to enclose "de" and "li", and said: "Violating li must violate morality, but violating morality does not necessarily violate li, so li is within virtue."
Then 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 said nothing.
How can you say you know more than the teacher?
They didn't dare, because God knew what Zhang Fei's next question would be.
"Then do you know the relationship between 'punishment' and the two?"
While speaking, Zhang Fei pointed to the two ends of the horizontal bar with his hands.
Shangguan Jun replied: "It can be said that punishment and ritual are equal."
"What is the basis?" Zhang Fei asked.
Shangguan Jun said: "The Song Dynasty's Criminal Code is based on the Tang Law Commentary. In the Tang Law Commentary, the first chapter of the Law of Names and Examples mentioned legislative guidance, that morality and etiquette are the foundation of politics and education, and punishment is the purpose of politics and education. Is it the same as etiquette?"
Zhang Fei nodded and asked, "Then what crimes can specifically reflect this legislative principle?"
Shangguan Jun said: "The crimes in the Ten Evils can basically illustrate this point, such as unfilial piety, disrespect, discord, injustice..."
“That’s a very good answer.”
Zhang Fei nodded and said, "From the ten evil crimes, we can see that from the previous dynasty to our dynasty, we have followed the legislative principle of ritual as the basis for punishment. Therefore, ritual is law, law is ritual, and together they are ritual and law.
We have to say that this is a very perfect combination, because as we mentioned before, Confucianism originally taught with virtue and etiquette, but later Confucianism also realized that education and self-cultivation alone are not enough, and they still have to use intimidation and punishment through punishment, so they combined with Legalism. This idea was perfectly implemented in the Tang Dynasty, that is, legislating with etiquette.
Let me ask you one more question: Which is greater, courtesy or punishment?"
"present!"
The students said in unison.
Zhang Fei asked: "Why?"
Cai Bian said: "Whether it is the Tang Law Commentary or our Song Criminal Code, it is impossible to list all unfilial and unharmonious behaviors as crimes. However, when trying a case, as long as the behavior violates the Three Bonds and Five Constant Virtues, even if there is no such crime, it will still be convicted."
Zhang Fei asked with a smile: "What idea does this reflect?"
"Virtue is the main thing, punishment is the auxiliary."
"Yes, etiquette is greater than law, etiquette is greater than punishment. This is the embodiment of virtue as the main and punishment as the auxiliary."
Zhang Fei nodded. "You can also say that punishment is completely auxiliary to etiquette. How is it auxiliary? It is a variety of punishments, penalties, and intimidation. Right?"
Nod your head and learn what to do.
These were all about Confucian learning, and they answered very fluently, with basically no hesitation.
“Then the relationship between the two can be expressed this way.”
Zhang Fei came to the wooden board, circled the word "刑", and then connected it to the word "礼". "To put it simply, this relationship is that '刑' is in '礼'."
As he spoke, he gestured to the words "morality and law" below, "Now let's look at the relationship between morality and law. Remember, this law refers to the law of the legal system."
As he spoke, he also wrote "Law of the System" on the side, and then asked: "What do you think is the relationship between the two? Are they the same as above?"
The students who had been answering fluently just now were suddenly confused.
When it comes to the law of law, their minds seem to be solidified and they can't understand.
"Um?"
Zhang Fei looked at them expectantly.
Cai Bian said awkwardly: "It should be the same."
Zhang Fei asked, "What do you mean?"
Cai Bian replied: "Both are based on virtue, so the relationship is naturally the same, but the methods are different."
Zhang Fei nodded slightly, and glanced away, "Are there any other answers?"
Ye Zuqia said: "I think it's different."
Zhang Fei asked: "What do you mean?"
Ye Zuqia said: "If they are the same, what else is there for the teacher to talk about?"
Zhang Fei laughed and said, "Your answers are really witty and completely unfounded."
The students were all embarrassed and silent.
Zhang Fei suddenly looked at the scholars around him again.
Almost everyone had a look of disdain on their face.
Your knowledge, which is just for self-entertainment and pretentiousness, is not worth our attention.
Only Fu Bi, Wang Anshi, Sima Guang and others were pondering, but no response was given.
Queen Mother Cao was also completely confused. She wanted to ask Zhao Xu, but she found that Zhao Xu was even more stupid than her.
Zhang Fei smiled slightly, "Now these concepts are very clear, so we can infer what the relationship is between virtue as the main and law as the auxiliary."
here we go again!
The students are all looking forward to it.
Although this kind of inferential teaching makes them feel stupid, it is actually very fun. It is like walking through a maze. The moment you get out, you always feel great. If they don’t feel good, they won’t look forward to taking this class.
"We just said that the Legalist law emphasizes punishment, while the Confucian law lacks punishment. The two can be directly integrated because they are complementary and everyone can understand them very well. Now 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 rule of law?"
“A consensus on defending the legitimate rights and interests of individuals.”
"Where's the gift?"
“Rituals can be summarized as the Three Cardinal Guides and the Five Constant Virtues.”
"Are the Three Bonds and Five Constant Virtues what the saints want?" Zhang Fei asked again.
The students nodded.
Zhang Fei asked, "Who thought of this?"
"Confucius, the Three Cardinal Guides, are derived from the sage's principle of ruler-ruler, minister-minister, father-father, son-son."
"So before Confucius, there was no concept of ruler and subject, father and son? No concept of male superiority and female inferiority? No concept of benevolence, righteousness, propriety, wisdom and trustworthiness?"
"Well...."
"Is there?"
"have."
"Of course!"
Zhang Fei said: "If this is not the case, what is the basis for Confucius' words? In fact, this is the same as Li Kui's "Law Classics". The relationship between the monarch and his subjects, father and son, and man and woman 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 the conventions, leading to chaos in the world. Confucius believed that the world was in chaos because everyone did not follow the rules, and that if they returned to the Zhou rituals, the world would no longer be in chaos.
Is that the truth? "
The students nodded.
Although Zhang Fei put it roughly, this is basically the case.
Zhang Fei said, "Then can we also draw the conclusion that the reason why Confucius proposed the idea of rulers being rulers, subjects being subjects, fathers being fathers, and sons being sons is to ensure peace in the world and harmony in families."
Everyone nodded.
Zhang Fei asked again: "What is the purpose of the Three Bonds and Five Constant Virtues? Is it to show respect for the emperor and contempt for the ministers, and for men to be superior to women?"
"no."
"What is that?"
"It is also for the sake of world stability and family harmony."
"good."
Zhang Fei nodded and said, "This is very important. You must remember that the ultimate goal of the Three Bonds and Five Constant Virtues is not to pursue male superiority and female inferiority, but to say that only by doing so can the world be stable and families be harmonious. Even those rural folks know these principles, just like they know that stealing is wrong."
Then he returned to the board and said, "Well, let's look at the relationship between the Three Bonds and Five Constant Virtues and the law of the legal system. Aren't the concepts of the two very similar?"
Everyone just nodded.
If you explain it this way, the concept is really similar.
Zhang Fei asked again: "So what is the relationship between the two?"
The students looked at each other again.
"It seems that your first three classes were really wasted." Zhang Fei sighed.
Wang Anshi could not help but say, "It is to defend the relationship."
“It’s about defending relationships.”
Zhang Fei didn't care who said it, pointing at the wooden board and said, "It's already been explained so clearly, is there any need to think about it? The Three Bonds and Five Constant Virtues are a universal relationship, which is a kind of consensus, and its purpose is to hope for the stability of the world and the harmony of families. Isn't this the national interest? The national interest is also a personal interest. Then according to the concept of the rule of law, the relationship between the two is that law defends morality."
The students suddenly understood.
But...but that's all.
Zhang Fei couldn't help but ask: "Are you guys not blushing now?"
The students just smiled innocently.
Duke Fu and Duke Wen were both there thinking with gloomy eyebrows. Why should we be ashamed? Who are we looking down upon?
Zhang Fei's mouth twitched, and he shook his head helplessly, pointing at the wooden board and said, "Now we can compare the relationship between the two. We have just explained the relationship between virtue as the main and punishment as the auxiliary. Punishment is in etiquette and is a supplement to etiquette. It can even be simply understood that etiquette requires punishment.
The law of the legal system is to defend virtue, which is a relationship in which I protect you. So the former is a passive relationship, and the latter is an active relationship. Do you understand?"
Shangguan Jun questioned: "Then it cannot be said that virtue is the master and law is the assistant."
The others nodded as well.
And those scholars and officials sneered, we know you have no good intentions, your little tricks can't even be hidden from the students.
This picture is clear at a glance. Punishment is contained in etiquette, and etiquette is contained in virtue. The two are big and small, and the levels are clear. It is very obvious.
When it comes to the law of the legal system, it becomes protection, and you...
You just say it nicely.
Zhang Fei asked: "My existence is to protect you, who do you think is the main one and who is the auxiliary one?"
"ah?"
Shangguan Jun was stunned for a moment.
Zhang Fei then asked the others: "Who is the main one and who is the assistant?"
"Virtue...Virtue is the main thing, and the law is the auxiliary thing."
"Of course, virtue is the main and law is the auxiliary."
Zhang Fei said: "Although one is to supplement and the other is to protect, one is passive and the other is active, they both have something in common, that is, they are both based on virtue. Now let's see what the difference is in the way they achieve their goals."
As he spoke, he walked to the other end of the board. "Let's go back to the case of a wife suing her husband. We have made it very clear just now that if a wife sues her husband, she will be sentenced to two years in prison. This law belongs to the law of the Legalists. It is also to protect the Three Bonds, but it is passive. If you violate etiquette, I will punish you. As we have talked about in the previous classes, the law of the Legalists is always simple and crude, always trying to achieve the highest requirements at the lowest cost. Can you do it?"
The students couldn't help but shake 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 sentenced to two years in prison, and secondly, the husband may also be convicted, and the family will... be gone."
“That’s the truth.”
Zhang Fei said: "Rites accepted punishments, and the two were directly integrated. They accepted both the advantages and disadvantages of Legalism. The disadvantages of Legalism are in opposition to Confucianism.
Many families were torn apart and their families destroyed because of this law. If a wife was abused at home, she had only two options: either commit suicide or run away. The reason was the same, because the laws of the Legalists only punished, not protected.
But this is not the world stability and family harmony and happiness pursued by the Three Bonds and Five Constant Virtues.
Then let's look at the law of the legal system. Should the law of the legal system protect the rights of wives?"
Everyone nodded.
Zhang Fei said: "Of course we need to protect him. If a wife is abused at home and goes to the government to file a complaint, how should we deal with it according to the law?"
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, and if the husband does not listen, then use punishment to intimidate him."
Zhang Fei nodded with great satisfaction and said, "Only by stopping the abuse in time can the family be harmonious. Then the question is, suppose Cai Bian abused Shangguan Jun in the dormitory, and Shangguan Jun went to the government to file a complaint. According to the law, what would the judge rule?"
Shangguan Jun immediately said: "He has violated the law of fighting and litigation, which seriously harms the interests of the country and the monarch. Even if it is according to the law, he must be punished."
Cai Bian glanced at him. Is he so cruel?
Zhang Fei said: "Why didn't you give a verbal warning first? It's the same as abuse, but why does a husband have to give a verbal warning when he abuses his wife, but Cai Bian just sentenced you directly when he abused you?"
Shangguan Jun was stunned for a moment and said, "Because they are husband and wife, and Cai Bian and I are just ordinary classmates. They are different, how can we generalize them?"
Zhang Fei smiled and nodded, saying: "My husband and Cai Bian's behavior are exactly the same, but the punishment is completely different, the reason is because of the Three Principles.
Under the principle of virtue as the main principle and punishment as the auxiliary principle, since punishment is passive, as long as you violate the etiquette, the punishment will be immediately initiated, no matter what your reason is. But the law of the legal system is active, and its concept is to defend the legitimate rights and interests of individuals. If a wife is abused and her personal rights are harmed, the law of the legal system should protect them, but at the same time, it should also defend family harmony, which leads to its judgment and punishment also refer to the Three Bonds. "
Using the Three Principles as a reference?
Everyone was stunned.
The more I talk about it, the less it sounds like the principle of virtue being the main and law being the auxiliary.
At this point, Zhang Fei paused for a moment, "By the way! Do you know my famous work?"
Cai Jing was not sure, "Teacher, are you referring to the case of Ayun in Dengzhou?"
"Exactly."
Zhang Fei nodded and said, "Then do you know how I helped Ayun get away with the crime in the end?"
When Sima Guang heard this, the corners of his mouth twitched. Your famous work was built on my humiliation.
"Filial piety."
"good."
Zhang Fei nodded and said, "I will discuss the process of the lawsuit later. Now we will mainly discuss why the court gave such a sentence. It is a fact that Ayun slashed Wei Ada. According to the law, she is not sentenced to death, but she is still sentenced to life imprisonment. But the court finally ruled that she acted in self-defense, and the punishment was to spend half a year in prison in Dengzhou.
The reason is that the court took into account the filial piety in the Three Bonds, and the reason for the punishment was to protect filial piety. Of course, the interests of Wei Ada must also be protected, but since Wei Ada had already received reasonable compensation from the Fang family, the court did not give additional compensation.
This case is a typical example of "virtue is the main factor and law is the auxiliary factor". Did Ayun break the law? She definitely broke the law. She definitely violated the rights of Wei Ada. However, the sentence was based on the three cardinal principles and was ultimately given a relatively lenient punishment. "
The more Sima Guang listened, the angrier he became. What the hell? Wasn’t it all your fault?
He wanted Zhang Fei to talk about the process of the lawsuit, which was the most exciting part.
Of course Zhang Fei would not say that, because that was a higher-level theory. He returned to the wooden board, pointed at "德==法", and said, "Now we should be able to accurately determine whether the law belongs to etiquette?"
"Not belonging!"
"Does France belong to Germany?"
"Not belonging!"
"Neither of them!"
Zhang Fei nodded and said, "Because the law is only a protector and a defender. The combination of virtue and punishment, punishment is subordinate to virtue and courtesy. As long as you violate courtesy, I will punish you, there are no conditions to discuss.
However, when morality and law are combined, morality becomes a protection target of the law. The legal standard for conviction is to judge whether you have harmed the interests of the monarch, the country, or individuals. This is the concept of the legal system itself, and its content is not etiquette.
But the core object he protects is etiquette.
Because the Three Bonds and the Five Constant Virtues are the order of the entire country and the core interests, and are above the laws of the legal system, the law will refer to the Three Bonds and the Five Constant Virtues when making judgments. On the one hand, it will punish those who seriously violate the Three Bonds and the Five Constant Virtues, but on the other hand, it will also require tolerance for those who abide by the Three Bonds and the Five Constant Virtues, even if the suspect has violated the rights and interests of others.
For example, sports cars are not allowed in the city, but if you drive to see a doctor in a hurry to save your father, even if you injure someone, you will get certain understanding under the law, such as exemption from punishment, but you will definitely have to compensate the person you injured.
"Virtue is the main thing, punishment is the auxiliary thing, which is to tell you the consequences of violating etiquette, and the combination of virtue 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 nodded in praise.
Empress Dowager Cao nodded frequently and whispered, "From this point of view, the combination of Germany and France is obviously better!"
But when he looked at the ministers around him, he saw that they were all sweating profusely, and he couldn't help but frown slightly.
How could those old masters not be sweating profusely with anxiety?
If this happens, the unity of etiquette and law will be lost!
Etiquette becomes a reference.
Isn't this weakening the hierarchy?
You are really good at replacing one thing with another!
Suddenly, a scholar-official stood up and said, "If you follow my advice, I can also sue you."
You always use the example of the husband being the leader of the wife, but the reason we impeached you is that the king is the leader of the ministers. If you have the ability, you should explain this clearly!
As soon as these words were spoken, those who had been whispering stopped immediately and the hall became quiet.
Zhang Fei shook his head and laughed: "This doctor still doesn't understand!"
"I heard it very clearly."
"Yeah?"
Zhang Fei then asked his students, "What kind of behavior is it under the law of the legal system when I just mentioned the case of a wife suing an official?"
Cai Bian said: "Seek protection."
"yes!"
Zhang Fei said: "The legal system is only to protect the rights and interests of wives. It is to defend the husband-wife relationship, not to destroy the husband-wife relationship, nor to encourage wives to sue their husbands every day.
As I just said, the basis for punishment must also refer to morality and etiquette. The purpose of morality and etiquette is to seek national stability and family harmony.
The same is true for the principle that the ruler is the leader of his subjects. The purpose of the legal system is to defend the principle that the ruler is the leader of his subjects.
In fact, under the system of "the monarch is the leader and the punishment is the auxiliary", it is not good for the monarch or the ministers, because there is only punishment but no protection. This is actually a very dangerous relationship, and the principle is the same as that of the husband being the leader of the wife.
If the ministers either flee or commit suicide, then this country will not be able to survive for long."
After these words were spoken, the ministers' faces looked a little better, but they were still more or less worried in their hearts.
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