Chapter 355 To govern troubled times, use heavy codes?
So careless!
You are really careless!
Yan Fu and the old masters never expected that Zhang Fei would unite with the candidates and target them as soon as he came up.
The enemy of my enemy is my ally.
The key point is that in terms of Confucian ethics, they should not speak casually in other people's classes.
They were also helpless about this.
Fortunately, Zhao Xu only said that they should try not to speak. It did not mean that they were not allowed to speak. If there was a chance, they could still say a few words and at the same time maintain their old master's demeanor.
They can only comfort themselves in this way.
Zhang Fei actually had already thought about doing this before he came here. He didn't just come up with it temporarily after seeing the black and white, and it wasn't because he was afraid of these old masters. He said this, and these things will always have to be faced.
But for a lawyer, order is the most important thing. Debate without order is nothing but nonsense for lawyers.
Zhang Fei did this just to maintain order in the classroom. Let's fight slowly.
This is why he is unwilling to discuss this issue with Sima Guang or even Xu Zun. This discussion will never be finished. Even in modern society, they are still discussing these issues.
Returning to the podium, Zhang Fei flipped through the textbook he had prepared, "In the last class, we talked about the original intention of the establishment of the School of Laws. Laws are not just a few rules. Its importance is self-evident. In this class
Let’s continue to explore the essence of law in this class.”
"teacher!"
Suddenly I heard someone shouting softly.
Zhang Fei looked up and saw Cai Bian and asked, "What's the matter?"
With a respectful smile on his face, Cai Bian reminded him in a soft voice: "Did the teacher forget that there was still a question that was not explained clearly in class?"
Zhang Fei asked in astonishment: "What's the problem?"
A murderous gaze shot from a distance.
You don't need to think about it to know that it is Wang Anshi.
He actually forgot all my questions.
Cai Bian said: "This is the problem of Legalism rejuvenating Qin."
Ye Zuqia immediately agreed: "Yes, Bachelor Wang raised this issue in class, but combined with what the teacher said at the time, it seems to be contradictory."
The other students nodded obediently.
Although they also came for revenge, they now know that the fact that they are still able to ask questions depends entirely on the fact that this is their classroom, so they must abide by classroom disciplines, otherwise, those old masters will take advantage of them.
This "teacher" sounds really sweet.
Even if you say "NMLGB", you have to use honorifics.
Zhang Fei couldn't help but glance at Wang Anshi, and then said: "Oh, this was proposed by Bachelor Wang. I will discuss it with him privately then. We still have to focus on the curriculum."
course?
There are no textbooks, so what courses are there?
Wang Anshi opened his mouth, but still held it back, thinking to himself, this guy wants to do his old trick again.
Luckily, other people thought the same way.
At that time, Wang Anshi had just raised this issue and the class was over. Zhang Fei said that we would discuss this issue in the next class, causing all those students to study this issue.
Now Zhang Fei wants to change his mind again, just to set up another question and catch them off guard again.
This will make Zhang Fei succeed again.
Cai Jing immediately said: "Teacher, this question is also related to the difference between the legal system and the legalist law. We still haven't figured it out yet. I hope the teacher can clear up the confusion in our minds."
Seeing that the students were also aware of Zhang Fei's trick, Wang Anshi couldn't help but smile to himself, "You guys want to muddle through, but you are looking down on these students too much."
Zhang Fei glanced at them and saw that they were ready to make a move, so he closed the notebook and said, "Since you haven't figured out this problem, okay, let's continue discussing this topic."
As he spoke, he came to the edge of the podium again, leaned against the podium, and crossed his arms, "If I remember correctly, during the Spring and Autumn Period and the Warring States Period, Legalism represented the most powerful and advanced ideas. Whoever uses Fa
Who will dominate the country? First it is Qi, Wei, Chu, and finally Qin. Qin makes the best use of it and uses it most thoroughly, so Qin has the last laugh."
Cai Bian immediately said: "To govern troubled times, it is necessary to pay attention to the code. During the Warring States Period, it was even more chaotic, so the country was governed by the code, which made the Qin country stronger. But the teacher does not seem to agree with this."
Zhang Fei smiled bitterly and said: "Who told you that to govern a troubled world, you need to follow the rules."
Cai Bian replied: "It has been mentioned in the Book of Ministers."
Zhang Fei said: "You must first understand that the Qin State used Legalist methods. Although it included heavy codes, it was not used to govern troubled times, because the Qin State was not in troubled times at that time. The troubled times were relative to the Zhou Dynasty at that time.
Qin's Legalist laws were for the purpose of strengthening the country.
Secondly, you said heavy codes should be used in troubled times. Please give me a successful example. The Han Dynasty ruled by doing nothing, and Emperor Taizong of the Tang Dynasty was a representative figure who was careful in punishing and punishing infrequently.
The Penal Code of the Song Dynasty and the Law of the Tang Dynasty were in the same line, except that the penalties for thieves and thieves were increased, but it didn't seem to have much effect."
As soon as these words came out, the group of prime ministers behind them all looked embarrassed.
This is also true.
It really seems to be useless. They can only comfort themselves. If they don't have to re-register, it may be even worse.
Zhao Xu and Fu Bi are looking forward to it very much.
This problem has always existed, but no one has a good solution. Do you have one?
He also heard Zhang Fei say: "In the era of warlords' chaos, it is certainly possible to use the heavy code for marching and fighting, but it is absolutely impossible to use it to govern troubled times."
Cai Bian asked: "Why?"
Zhao Xu, Wang Anshi, and Sima Guang also looked at Zhang Fei with great confusion.
Because the debate between severe punishment and cautious punishment is also a frequently debated topic within the ruling group of the Song Dynasty. Some people advocate severe punishment, while others advocate cautious punishment and light punishment.
But he didn't say that Zhang Fei was so arbitrary. Even those who advocated light punishment believed that they should keep pace with the times, and were not opposed to heavy punishment. Their basis was that the country has been under construction for so long, so there should be no need to increase punishment.
It should be developed in the direction of cautious punishment and light punishment.
And if you want to deny Legalist law, harsh punishment is also a major argument.
As long as you cannot deny this, Legalist law has meaning.
Zhang Fei said: "In troubled times, the corruption of the legal system will inevitably lead to the rise of thieves and bandits. People who violate laws and disciplines are everywhere. But you have to understand that this is not what most people want. They are also forced and have no choice. You can't
If you rob someone, you have to be robbed, so you go down this road.
If everyone is born to be a thief, then there will be no legal system. The concept of legal system is a consensus to defend the legitimate rights and interests of individuals. It is not something Li Kui came up with based on his own wisdom. If everyone
If you want to be a thief, then there will be no such consensus, and it will be impossible to talk about heavy ethics.
Based on this point, if you use heavy laws to govern the world, the people will think, I broke the law before, will you settle the old accounts? And once a bad habit becomes a habit, it will not change for a while.
Given the death penalty, do you think he will surrender or become a thief?
This will lead to the situation of the Qin State. The harsh punishments and laws of the Qin State have reached their peak. So do you think the public security of the Qin State is better, or the public security of the Zhenguan period?"
"The Zhenguan period." Shangguan Jun replied.
The scholar-bureaucrats behind also nodded frequently. Of course they liked the Tang Dynasty and disliked the Qin Dynasty.
Regardless of the dark history of the Xuanwumen Incident, which goes against Confucian ethics, Tang Taizong was the favorite emperor of later generations of Confucianists.
To set an example, you must first find a successful person. This is the most basic. Song Xianggong was also benevolent and righteous, but Confucianism rarely mentioned him.
Emperor Taizong of the Tang Dynasty was not only powerful in martial arts, but also strong in civil affairs. If you exaggerate like this, he is basically the perfect monarch in the eyes of Confucianists.
As for Li Jiancheng, Confucianism did not say that he was indifferent. Since the Tang Dynasty, Confucianism has insisted that the eldest son ascend the throne.
Because in the Tang Dynasty, the eldest son's accession to the throne had become a counterattack, and Wu Zetian was always a second daughter.
Of course they would not object to using Zhenguan to suppress the Qin Dynasty.
"exactly."
Zhang Fei said: "No one is a saint, and no one can make mistakes. What's more, some illegal behaviors are caused by natural disasters. Then you are faced with a dead end. As far as human nature is concerned, as long as there is a chance, you will definitely fall into the trap. It is better to die than to die."
Lai is alive.
The harsh punishments of the Qin Dynasty soon caused the mountains to be full of thieves and bandits. From Qin Xiaogong to Qin Shihuang, the Qin people gradually understood a truth. First of all, never break the law. Secondly, as long as they break the law, they will immediately run away and become bandits.
go."
Cai Bian asked: "Can light punishment cure troubled times?"
"This is the only answer." Zhang Fei said with great certainty.
Cai Bian was stunned and asked: "How do you say this?"
"I'd like to reiterate again that the rule of law is a consensus for individuals to defend their legitimate rights and interests. Since it is a consensus, it will have the ability to recover itself. When everyone knows that the law has been restored, people will no longer come to my farm every day.
If we rob, most people will go back to farming instead of becoming grass bandits. When good people become the majority, the grass bandits will become weaker."
"According to the teacher's wishes, the government should do nothing and use Lao Tzu's inaction to govern."
"The secret lies here."
Zhang Fei said: "I just said that it is okay to use heavy discipline when marching and fighting. Moreover, since ancient times, the requirements for military discipline must be higher than those for ordinary people. This is common sense.
Why? Because they have weapons and their specialty is killing people. They are very powerful. Once the army breaks into chaos, the consequences will be disastrous. I believe our government understands this best."
Many people nodded.
The Song Dynasty was established out of warlords' melee, and the control over generals was so strict that it was about to abolish martial arts.
Sima Guang saw that something was wrong. We were all here to quarrel. Why did you all agree with what he said?
Is this just saying what they said, leaving them speechless?
Zhang Fei continued: "In the same way, what about officials? Officials hold power, so the requirements for officials must be higher than those of ordinary people.
However, hefty codes are often accompanied by strong power, which means giving officials great power and very few constraints. Is this putting the cart before the horse?
Just turn it upside down. The key to managing troubled times has never been to govern the people with strict laws and regulations, but to govern the officials. To restore the legal system, we still need to rely on the guidance of the government."
The old masters who were still nodding frequently suddenly woke up when they heard this.
Good guy!
After talking for a long time, it turns out that they are going to deal with us heavily?
This guy is really ambitious!
Ye Zuqia seemed to feel the chill behind his back, so he said: "In the opinion of the teacher, officials should be governed with heavy rules."
Zhang Fei said: "I just said this, you don't have a long memory, the people are like this, and the officials are even more like this? If this is to govern the officials with strict rules, and the officials are greedy for a penny, then they will not kill everyone in the village. This is
Very scary.
Many laws and regulations of the Song Dynasty have this kind of thinking. If you force people to die, most of them will jump over the wall and become desperadoes. If you engage in justice in the future, you must pay attention to this issue."
Shangguan Jun immediately said: "In the final analysis, it still depends on the ability and conduct of officials, rather than on the law of governance. This requires relying on Confucian law. Only officials with good moral character can manage troubled times."
The old masters smiled again. If this boy is not the number one scholar, then God is really blind.
Officials must be governed with virtue, but not with heavy codes.
Zhang Fei came to the wooden board that had been prepared for him and wrote a sentence with charcoal, which was exactly the ancestral method of the Song Dynasty, "prevent things and control them by bending".
This time he tapped the wooden board lightly, "Does the way I worship my ancestors contain any hint of moral character?"
Countless murderous glances suddenly shot towards the white-haired man.
Originally there was, but it was you who ruined it.
The laws of the ancestors in the past were really full of benevolence and righteousness. They also included some of the policies of Taizu Taizong, all of which were traditional Confucian policies.
A lawsuit turned this ancestral method into a sentence.
They hate it when I mention it!
Zhang Fei added: "I just said that the constraints on the military and officials must be higher than those on ordinary people. But is moral character a kind of restraint? No! It is a kind of self-cultivation. Otherwise, there will be no
Laws are needed, and rule of virtue can solve everything. Although this is not putting the cart before the horse, rule of virtue can still play a supporting role, but it is not a constraint after all.
And the laws of our ancestors actually include the laws of governing officials and mutual checks and balances. But how to check and balance, remember, this is the key, and it must be based on the law of law.
It is true that people enforce the law, but we must ensure that those who enforce the law are also supervised by the law."
Shangguan Jun retorted: "But after all, the law is dead and people live. It is impossible for the law to take the initiative to supervise the people who enforce the law. People still need to supervise."
"This is a good question, it brings up my major."
Zhang Fei smiled and said: "That's Litigation Science. Why are there always people in the court talking about abolishing Litigation Science? It's very simple, the people don't understand the law, but Er Bi understands the law.
Litigation science is actually a combination of the ancestral laws of our dynasty and the laws of the legal system. One of the meanings is to prevent things and control them. One of the meanings is that when designing the system, careful and rigorous considerations must be made.
The method of decentralization of power is used in the government, but how to apply it to the people? The best method is to use the rule of law to defend the legitimate rights and interests of individuals.
You have the right to arrest me, but I also have the right to defend my legitimate rights and interests. The occurrence of an unjust case has nothing to do with the superiors, but is closely related to the victims.
Both Confucian law and Legalist law require superiors to manage subordinates, while legal law pursues the people's power to litigate. You say that method can better avoid unjust cases."
The rule of law and the rule of man are never antagonistic, but relative. The stronger the rule of law, the weaker the rule of man. On the contrary, the stronger the rule of man, the weaker the rule of law. However, the rule of man will not disappear, and the rule of law can disappear.
When individuals have greater power to defend their legitimate rights and interests, society becomes more inclined to rule by law, and conversely, society becomes more inclined to rule by man.
Shangguan Jun said: "But if you appeal, you have to go to your superiors."
Zhang Fei said: "Don't worry about whether you are superior or superior. You answer first, which method can better avoid unjust cases."
Cai Jingdao: "Of course it is a legal system. That's why our government allows people to sue officials."
He is worthy of being a traitor, but he can talk. Zhang Fei smiled and nodded: "That's the fact. As for whether you still have to sue your superiors, you have to understand that if you don't sue, you won't have much responsibility relationship with your superiors, and it will be very difficult for you to do so."
It is possible that the officials below may fool you.
But if you file a lawsuit, he will be responsible, and it is the main responsibility. Of course, he may also bend the law for personal gain, but there is no best way in this world, only relatively good ways."
Ye Zuqia suddenly said: "It is natural that people can appeal if they have grievances, but I think it is still worthy of discussion whether we should litigate through Erbi.
Because the Erbi lawsuit is not for fairness and justice, but for profit. Some Erbi have evil intentions. In order to seek more benefits, they turn a simple lawsuit into a very complicated one.
Increasing the government's expenditure, especially in times of financial difficulties, will result in a small gain at the expense of a large sum, causing many unjust cases to be shelved, and it is not putting the cart before the horse."
"well said!"
Zhang Fei nodded with a smile: "This is the main reason why Legalism was able to allow Qin to unify the six countries, but I made everyone take a warning."