Chapter 348 The real dispute between Confucianism and Legalism
Sima Guang was a little panicked.
I just asked you to talk about litigation science. You are going a bit far. Does litigation science have anything to do with Hunjun?
And Wang Anshi was also a little panicked.
You kid separated the legalist law from the law. In the future, many of my new laws will be unknown, and may even be manipulated to death by your legal system.
On the contrary, Zhao Xu listened with great interest. Like the students, he was listening attentively. After a while, he found that many ministers around him were looking at them quietly. He couldn't help but glance at them and asked in a low voice:
"Do you think he is being sarcastic to me?"
Those ministers quickly shook their heads and denied it. Who dares to say such a thing?
But they were all muttering in their hearts, it doesn't matter, what's important is that his words are suspected of questioning the imperial power, so you just let him continue to say this?
These ministers were frightened, but those students were all newbies and were not afraid of tigers. They had never experienced the power of the Literary Prison. There was nothing wrong with this. They had completely devoted themselves to the debate with Zhang Fei.
Shangguan Jun asked directly: "What does the cowardly king and corrupt officials have to do with the rule of law?"
"Of course there is a relationship, and it is very close. Let's sort it out first."
Zhang Fei came to the wooden board and wrote "Legalist Law" on it while saying: "I have just explained that Legalist Law is the way for monarchs and ministers to rule and govern the country."
Then he wrote about the legal system below, saying: "The legal system is a broad consensus to defend personal rights and interests. And when the interests of the two collide, in the hands of ignorant kings and corrupt officials, it is often the Legalists
If the law wins, think about it, are they unscrupulously destroying the rule of law? To put it more bluntly, they are arbitrarily invading the legitimate rights and interests of others. In the hands of wise kings and virtuous ministers, the rule of law often wins. Isn’t it?
Is that true?"
Cai Bian said: "Although this is the truth, it can only mean that it varies from person to person."
Zhang Fei smiled and nodded: "Yes, it varies from person to person. Then let's look at the definition of the legal system and the consensus to defend the legitimate rights and interests of individuals. From this point of view, these are already objective realities, but they vary from person to person.
It varies, do you think the legalist approach is greater, or the legalist approach?"
Sima Guang, Wang Anshi and others all nodded slightly.
They did not agree with Zhang Fei's words, but understood what Zhang Fei said.
Legal laws exist objectively and vary from person to person. Whether they are right or wrong, good or bad, they are purely subjective.
It is enough to prove that subjectivity prevails over objectivity.
In other words, the legal affairs of Legalism are greater than the laws of the legal system.
Cai Bian frowned and said: "According to what you said, the laws advocated by Legalists are not noble and the ropes are not bendable. Isn't it just advocating your legal method?"
Zhang Fei said: "This sentence itself is correct, but if it is put into Legalist thought, it is just adding mistakes on top of each other, making them worse."
"Why is this?" Cai Bian asked curiously.
Zhang Fei said: "You have to understand the motive of this sentence. A knife can be a murder weapon, or a financial management tool for killing pigs. Legalist laws are not noble, and the rope is not bent. It is not for everyone to defend the individual.
Legitimate rights and interests do not have this idea in Legalism.
What Legalism means is that everyone should abide by the rules I set. To put it more bluntly, everyone is my slave. Whatever I say, you just do it. In Qin law, such regulations abound.
yes."
Cai Bian was thoughtful and silent again.
This question seems to be getting more complicated the more I ask it.
Ye Zuqia suddenly asked: "According to your opinion, can the world be governed well as long as we abide by the legal system?"
Zhang Fei smiled and said: "Listening to your tone, it seems like this is very simple."
Ye Zuqia wondered: "This is not complicated."
The others also nodded.
This sounds very simple!
How difficult can it be to abide by the law?
Zhang Fei asked: "If an official has wrong words or deeds, do 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 attention to them at all.
It can only be said that this little emperor is very broad-minded.
Ye Zuqia raised his head and said, "Why don't I dare."
Zhang Fei asked again: "How do you persuade me?"
Ye Zuqia pondered for a moment and said: "Of course I am trying to persuade you with reason."
"What's the point?"
"The principles of saints."
"correct!"
Zhang Fei nodded, "This is the essence of Confucianism. If you find it easy, it only means that you are more powerful than Sage Kong."
Ye Zuqia said in fear: "How dare Zuqia be compared with a saint?"
Zhang Fei said: "Then you said it's not complicated?"
Ye Zuqia was stunned for a moment, but then replied: "I don't think this is the essence of Confucian law."
Zhang Fei wrote "Confucian Law" on the wooden board, and between the two laws he wrote "Song Xingtong", and then asked: "Do you think the legal texts on the Song Xingtong today are more legal-oriented?"
Family method, or do you prefer Confucian method?"
this.!
Many students were hesitant.
Judging from the name, it is naturally more inclined to the Legalist method. This was common sense before, but now this common sense has begun to be distorted.
Suddenly I heard an old voice, "If you go by what you said, it should be that the Confucian method is more inclined to the legal method."
Zhang Fei looked up and saw that the person speaking was none other than Fu Bi.
The old man was fascinated by what he heard and began to answer questions.
Having said that, in fact, Zhang Fei just wanted to dodge, and it was not entirely a humiliation of learning. This class is really not suitable for these students. On the contrary, it is suitable for people like Fu Bi and Wen Yanbo.
"What Mr. Fu says makes sense."
Zhang Fei bowed his hands and said again: "Why do you prefer Confucianism? Because Confucianism teaches secular principles. For example, the Legalists definitely don't teach about hiding each other's relatives.
But as far as human nature is concerned, if a son accuses his father, or a father accuses his son, in all likelihood, this is forcing people to lie. A tiger's poison can't eat its own child!
Although it is not wrong to kill one's relatives for justice, protecting one's relatives is a kind of nature and a broad consciousness, which is in line with the definition of legal system.
You all grew up studying Confucianism. Think about whether the principles taught by Confucianism tell you how to distinguish good from evil and how to do good."
Everyone nodded.
Zhang Fei said: "A person with high moral standards has a very small chance of violating the laws of the legal system, but a Legalist will definitely violate the laws of the legal system, because Legalists must get rid of the laws of the legal system, otherwise
, Legalism is not Legalism. Shang Yang has a saying that expresses the Legalist method very clearly and accurately."
Having said this, he finally opened the small notebook on the table, "'The wise practice the law, the fool controls it; the sage is more polite, and the dishonest person is restrained', but this sentence is completely opposite to the rule of law."
Shangguan Jun said: "It can be seen that the Confucian law is better than the Legalist law, and it is also better than the legal system."
After hearing this, Zhang Fei raised his left hand and rubbed his forehead with disappointment on his face.
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 morals will never break the law, but people who abide by the law may not necessarily have high morals. It can be seen that the laws of Confucianism and Legalism are better than the laws of the legal system, and even better than the laws of Legalism."
Zhang Fei glanced at him and said, "Do you all think so too?"
Many students were already confused and did not dare to give an answer.
Yan Fu suddenly stood up and said, "That's what I think. How is this wrong?"
The tone was very arrogant.
Bang bang bang!
Zhang Fei suddenly knocked hard on the wooden board.
Yan Fu was so frightened that he trembled. Is this kid crazy?
Zhang Feicai doesn’t care so much. It’s unreasonable for you to show off in my class and consider my feelings. “I have repeatedly emphasized that the rule of law is a consensus among people to defend their legitimate rights and interests.
Is this the consensus of Confucian law? No, it is what the sage said, and it is basically as Shang Yang said, the wise make the law, and the fool controls it."
Yan Fu was also anxious and shouted: "Confucian law is better than legal law, so there is no need to abide by the legal principle you say."
Zhang Fei smiled and asked, "Don't you think this is a self-contradiction, sir?"
Yan Fu asked: "Where is the contradiction?"
Zhang Fei said: "You also said that the Confucian law is superior to the legal system, so abiding by the Confucian law will not violate the legal system. Is that right?"
Yan Fu nodded and said: "That's exactly it."
Zhang Fei said: "In this case, the old gentleman said that you don't have to abide by the principles of legality. This is not a self-contradiction, what is it? If you don't even abide by the most basic ones, can you meet higher requirements?"
Yan Fu's expression froze and he felt a little dizzy.
But when I thought about it carefully, I felt something was wrong.
Wen Yanbo suddenly stood up and said: "This is a clever argument. Mr. Yan definitely did not mean this. What he wanted to say was that abiding by Confucian law must be abiding by the principle of legal system, and
meet higher requirements.”
Yan Fu nodded repeatedly, "Yes, yes, you are really good at sophistry. You made me confused. Confucianism is the secular principle. This law comes from virtue, and virtue naturally follows the consensus you said."
.”
Zhang Fei said: "Really?"
Wen Yanbo said with certainty: "Of course it is."
Zhang Fei asked: "If the punishment is not good enough for the scholar-bureaucrats, is this considered Confucian law? And does it follow the principle of the legal system?"
".!"
Wen Yanbo was stunned for a moment.
All the students looked at him.
Wen Yanbo's old face was slowly turning red.
The common people broke the law and the people were gone. The scholar-officials encountered the law and the law was gone.
dont you agree?
An old man excitedly said to Zhao Xu: "Officials, this person is uttering evil words and is extremely treasonous. I beg the officials to convict this person immediately."
Immediately, another group of scholar-bureaucrats stood up and demanded severe punishment for Zhang Fei.
Zhao Xu said with a relaxed smile: "This is an academic theory, Doctor Cen does not need to take it too seriously."
Wang Anshi laughed and said: "Doctor Cen's words do not exactly support his Confucian legal theory."
Doctor Cen did not dare to look at the emperor's face, so he could only glare at Wang Anshi angrily.
Zhang Fei also heard this clearly and hurriedly explained: "Old sir, don't be angry. I actually want to praise Confucianism, not to deny Confucianism. It's just that I suppress it first and then promote it. Don't be anxious!"
All the scholar-bureaucrats glared at Zhang Fei.
I believe you as a ghost.
You can't punish the scholar-bureaucrats, but you come out and say, you are not just trying to pull out our underpants, you are trying to kill us!