In this time of anxiety and fear, 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 the contradiction between this legal system and the Three Bonds and Five Constant Virtues is truly visible to the naked eye. There is an unequal relationship within it, and it is in the interests of the rulers, but you insist on equality.
In their view, this cannot be explained.
Unexpectedly, Zhang Fei actually interpreted the law of legal system as the protector of the Three Bonds and Five Constant Virtues.
We know clearly that he is trying to weaken ethics and morals, or even subvert them, because according to the law of the legal system, ethics and law are stripped away, but you can object to it, you can't really say that he is wrong.
"Then...then please tell me more specifically about this principle of the ruler being the leader of his subjects under the guidance of a virtuous ruler and the support of the law."
Suddenly someone in the crowd spoke, but he was evasive.
Zhao Xu just glanced at it, and although he didn't see who said it, he smiled without saying anything.
...
...
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, although I am an official now, I am not the kind of minister who can sit down with the emperor to discuss state affairs; secondly, in my career as a lawyer, I have never encountered conflicts between the emperor and his ministers, so I don't really understand these things."
Jiang Zhiqi immediately said: "Since you don't know anything, then 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 implicated these students, so I had to explain it clearly."
As he spoke, Zhang Fei looked at the students again, "Now you should be very clear about the relationship between the law of the legal system and the Three Bonds and Five Constant Virtues."
The students nodded at first, but then shook their heads.
They definitely understood what they heard, but they still wanted Zhang Fei to talk more. They always felt that it was fragmented and some things did not enter their brains.
Why do they find it difficult to understand when it comes to the law of the rule of law? One of the important reasons is that after the fall of the Qin Dynasty, Confucianism unified the world, and the logic of any relationship is based on the family as the basic unit, not the individual.
Therefore, when they think about problems, they tend to ignore themselves and their first reaction is family.
This is also why Zhang Fei would ask them from time to time during class. The concept of the law of the rule of law is to remind them of this.
"All right!"
Zhang Fei sighed helplessly, "Let's summarize it again! Let me ask you, why does the law of the rule of law cause such great ambiguity?"
Cai Bian said: "Students think the most fundamental reason is that the rule of law emphasizes the protection of individual rights."
"good."
Zhang Fei nodded. "This is the most fundamental reason. But what did they overlook?"
Shangguan Jun said: "Ignoring that both the family and the country are made up of one individual."
"It seems that you are all listening carefully."
Zhang Fei returned to the board and said, "Let's take husband and wife as an example. What metaphors did Dong Zhongshu use to describe the relationship between ruler and subject, husband and wife, and father and son?"
"yin and yang."
"Yes, one yin and one yang."
Zhang Fei drew a Tai Chi diagram on a wooden board, painted one side black, left a small blank in the middle, wrote "husband", and directly wrote "wife" on the other side, and said: "Under the principle of virtue and punishment, how is this relationship defined?"
Everyone was confused again.
If you change the picture, they won’t know how to express it.
Zhang Fei continued, "Listen carefully. Under the principle of virtue as the main and punishment as the auxiliary, this is a relationship between emptiness and reality. The wife is empty and the husband is real. In other words, the husband can overflow into the wife's side, and this blank space is left for the husband.
As we have just discussed, if a couple wants harmony, one party must give in. There is no room for two tigers on the same mountain, so why not just determine which party should give in? Does it make sense?"
The students nodded.
“That makes sense.”
Zhang Fei nodded and continued, "So in the case of virtue as the main and law as the auxiliary, this is also stipulated, because this is a convention. So in the case of virtue as the main and law as the auxiliary, can the husband overflow to the wife's side?"
"cannot."
Ye Zuqia said very firmly.
Zhang Fei laughed and said, "Are you going to build a wall to block him? We will never have anything to do with each other again."
"......?"
If they never contact each other until they die, are they still a couple?
Zhang Fei smiled and said: "This side is empty, and the other side is solid, and the two are intertwined. In life, there will inevitably be twists and turns, and overflow will inevitably occur. But the difference between the two lies in the way of dealing with the overflow.
Under the principle of virtue as the main and punishment as the auxiliary, overflow is allowed as long as it is not too full, that is to say, do not go too far. As a result, the degree of overflow is different in different families.
For example, the families of Wang Xueshi and Sima Xueshi are unlikely to have overflow. "
Wang Anshi and Sima Guang immediately looked at Zhang Fei unhappily.
This is a family matter. Why are you using us as an example?
Zhang Fei added: "But under the principle of virtue and the support of law, because of the concept of defending the legitimate rights and interests of individuals, once the wife's rights and interests are harmed, the law may intervene. What is the purpose of the intervention?"
"Restore it to its original state." Cai Bianyan said.
"good."
Zhang Fei nodded and said, "It means using coercive means to make the overflow return and continue to maintain its original appearance. So from this, we can see what the standard for conviction in the law of the rule of law is?"
“Violation of personal legitimate rights and interests.”
"Yes. This cannot be changed because it is the concept of the law of the rule of law."
“But what about the standard for exoneration?”
"Three cardinal guides and five constant virtues."
"It is necessary to refer to the Three Bonds and Five Constant Virtues. To put it more bluntly, it is to use personal rights as the principle of conviction and the rights of the family and the country as the basis for acquittal. This is precisely the reason for the greatest ambiguity."
Zhang Fei explained: "They only saw that the legal system changed the principle of conviction, which is indeed changed, but they ignored the basis for acquittal. Which one do you think is better?"
Cai Bian said: "Virtue is the master and law is the assistant."
"certainly."
Zhang Fei said with certainty: "In fact, they all understand this truth, because it is very similar to a political concept?"
Political philosophy?
Everyone couldn't help but frown and think.
Zhang Fei asked with a smile: "Have you thought about it?"
Fu Bi suddenly said, "Competing with the people for profit."
"good."
Zhang Fei nodded and said, "It is to compete with the people for profit. This is true for this family and the country. Looking at the cases of the destruction of countries in history, they are all due to the continuous overflow and the continuous infringement of the interests of the people, which led to the people's livelihood. The final result is the destruction of the family and the death of the people. This is a game with no winners. The monarch, the ruler of the country, and the people are all finished. Opposing competing with the people for profit is to hope to achieve a balance."
As he said this, he looked at Sima Guang and said, "Master Sima, do I make sense?"
Sima Guang nodded, "You make a lot of sense."
Zhang Fei added: "But what's interesting is that the people who said this are the same people who reported me. Sima Xueshi thinks they did it on purpose."
The students all laughed.
Sima Guang glared at him secretly and said, "So you are trying to harm me!"
Zhang Fei asked again: "Do you know which sentence in the Analects appears twice?"
Shangguan Jun immediately replied: "Don't do to others what you don't want others to do to you."
Zhang Fei nodded: "It seems to be this sentence."
Shangguan Jun smiled innocently.
"why are you laughing?"
Zhang Fei asked.
It would have been better if he didn't say it. After he said it, the laughter got even louder.
Not only the students laughed, but Fu Bi, Wang Anshi, and even Zhao Xu and Empress Dowager Cao laughed.
Zhang Fei said helplessly: "Don't get me wrong. What I want to say is that the law of the rule of law is to try to ensure that you don't impose on others what you don't want others to do to you, because there will always be someone better than you."
As soon as he finished speaking, someone asked, "So what do you think of the new policy?"
"We talked about this in the last class."
Zhang Fei said: "Let me use this Yin-Yang diagram to explain it. For example, Sima Xueshi's point of view is to emphasize trying to maintain a balanced state. But under the principle of virtue and the auxiliary of punishment, is Sima Xueshi's point of view correct?"
The students nodded.
"Virtue is the main thing and punishment is the auxiliary?" Zhang Fei asked.
The students blinked and then shook their heads.
"What you are thinking is of course correct, it's just that this is allowed." Zhang Fei asked again: "But is this the opinion of Master Wang?"
Everyone shook their heads again.
"So what is Master Wang's opinion?"
Zhang Fei drew a big circle on the edge again, "This is what Mr. Wang thinks."
Wang Anshi stroked his beard and laughed, "Very vivid, very right."
This circle is so cool to watch.
Wen Yanbo asked, "You can draw well, but can you do it?"
Zhang Fei asked, "I wonder if Duke Wen is asking whether Scholar Wang can do it, or whether the circle can become so big?"
Wen Yanbo was slightly stunned, "Ask all of them."
Zhang Fei replied: "Whether Mr. Wang can do it, I don't know. I am so young and don't understand politics. I am talking about the law. But whether the circle can become so big, I personally think it can."
Sima Guang asked, "What do you mean?"
Zhang Fei replied: "Because I found that the per-acre yield during the Qin and Han dynasties was not as good as that of our dynasty."
Sima Guang said: "That is only due to the improvement of rice varieties and tools."
"Then has this circle become bigger?" Zhang Fei asked.
Sima Guang said: "But this has nothing to do with the reform."
Zhang Fei said: "I don't know this either, but Master Wang has a saying that can explain it this way, that is, if you want to enrich the world, you should invest in heaven and earth."
Wang Anshi immediately said, "What do you mean by it can be explained this way? That's exactly what I mean."
Zhang Fei said: "I'm not sure, so I dare not say it too absolutely, but many people don't think so."
Wang Anshi snorted, “As you said, if they are against competing with the people for profit, why are they against the law of the rule of law?”
Zhang Fei asked: "So, Master Wang supports the law of the rule of law?"
Wang Anshi said: "Of course I support it. The new policy is not to compete with the people for profit. What do I have to fear?"
"Yeah! What are you afraid of?"
Zhang Fei nodded.
There was silence in the classroom.
Zhang Fei glanced around and said, "The atmosphere seems a bit awkward. Okay, let's end this class here."
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