In the silent classroom, the only sound that could be heard was the sound of Zhang Fei writing on a wooden board with charcoal.
I saw Zhang Fei wrote "virtue", two horizontal bars, and "punishment" on the wooden board;
Below it is written "De", two horizontal bars, "Dharma".
Represents the German main criminal auxiliary and the German main legal auxiliary.
The students are very familiar with Zhang Fei's teaching method. They are really nervous but full of expectations.
"correct!"
Just as he put down his hand and turned around, Zhang Fei suddenly thought of something again and asked, "Do you know what this Tsun Chang belongs to?"
The students said in unison: "It belongs to virtue."
Zhang Fei asked again: "Guangchang is equal to virtue, and is virtue equal to Gangchang?"
"no."
"what is that?"
"Gang always belongs to 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."
"Exactly right."
Zhang Fei directly drew a small circle to circle "Li", and then drew a large circle to circle "Morality" and "Li" and said: "Violating etiquette must violate morality, but violating morality does not necessarily violate morality."
Etiquette, so etiquette is within virtue."
After saying that, 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 better than the teacher?
They didn't dare. God knows what Zhang Fei's next question will be.
"Then do you know the relationship between 'punishment' and the two?"
While speaking, Zhang Fei gestured to both ends of the horizontal bar with his hands.
Shangguan Jun replied: "It can be said that punishment and etiquette are equal."
"What's the basis?" Zhang Fei asked.
Shangguan Jundao: "The "Song Xingtong" of our dynasty is inherited from the "Tang Laws and Regulations", and in the "Mingli" in the Tang Dynasty Laws and Regulations, it mentions legislative guidance at the beginning, and morality and etiquette are the foundation of politics and religion.
Punishment is for political and religious purposes and must be done according to etiquette."
Zhang Fei nodded and asked: "What are the crimes that can concretely embody this legislative principle?"
Shangguan Jun said: "The crimes among the ten evils can basically illustrate this point, such as unfilial piety, disrespect, discord, unrighteousness..."
"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 ours, the legislative principle of rites and punishments was followed. Therefore, rites are law, law is etiquette, and they are combined into etiquette and law.
I have to say that this is a very perfect combination, because as we have said before, Confucianism was originally based on moral education and etiquette, but later Confucianism also realized that relying solely on education and self-cultivation was not enough.
Yes, we still have to use punishment to intimidate and punish, so it was combined with Legalism. In the Tang Dynasty, this idea was perfectly implemented, which was to legislate through ethics.
Let me ask you one more question, which one is greater, ritual or punishment?"
"present!"
The students said in unison.
Zhang Fei asked: "Why?"
Cai Bian said: "Whether it is "Tang Lu Shu Yi" or our "Song Xing Tong", it is impossible to list all unfilial and discordant behaviors as crimes, but often when trying cases, as long as the behavior is a violation of
According to the Three Cardinal Guidelines and the Five Constant Rules, even if there is no such crime, you will still be convicted."
Zhang Fei smiled and asked: "What thoughts does this reflect?"
"De Zhu Xing Fu."
"Yes, etiquette is greater than law, etiquette is greater than punishment. This is the embodiment of morality as the master and punishment as the assistant."
Zhang Fei nodded, "It can also be said that punishment is completely complementary to etiquette. How to support it is all kinds of punishment, punishment, and intimidation. Right?"
Nod your head to learn something.
This was all about Confucian knowledge, and they answered very fluently, basically without any hesitation.
"Then the relationship between the two can be expressed like this."
Zhang Fei came to the wooden board, circled "Xing", and then changed a line to connect it with "Li". "To put it simply, the relationship is that 'Xing' is in 'Li'."
As he spoke, he gestured with his hand to "Morality and Law" below, "Now let's look at the relationship between morality and law. Remember, this law refers to the law of legal system."
As he spoke, he also wrote "law of legal system" on the side, and then asked: "What do you think is the relationship between the two? Is it the same as above?"
The students who had been answering questions fluently just now suddenly looked confused.
When it comes to the legal system, their heads seem to be solidified and they cannot turn around.
"Um?"
Zhang Fei looked at them expectantly.
Cai Bian said nonchalantly: "It should be the same."
Zhang Fei said: "How to say?"
Cai Bian replied: "They are all based on virtue, so the relationship is naturally the same, but the method is different."
Zhang Fei nodded slightly, then glanced away, "Is there any other answer?"
Ye Zuqia said: "I think it's different."
Zhang Fei asked: "What can I say?"
Ye Zuqia said: "If it's the same, what else does the teacher have to say?"
Zhang Fei smiled and said: "Your answers are really witty and completely unfounded."
The students were all embarrassed and silent.
Zhang Fei suddenly looked at the scholar-bureaucrats around him again.
Almost everyone looked disdainful.
Your self-entertaining and mystifying knowledge is not worth using our brains.
Only Fu Bi, Wang Anshi, Sima Guang and others were thinking deeply, but they did not respond.
Empress Dowager Cao was also completely confused. She wanted to ask Zhao Xu, but found that Zhao Xu was more stupid than her.
Zhang Fei smiled slightly and said, "Now that these concepts are very clear, we can deduce what kind of relationship there is between the German leader and the French auxiliary."
here we go again!
The students are looking forward to it very much.
Although this kind of inferential teaching makes them feel stupid, it is actually very enjoyable. It is like walking through a maze. The moment they go out, they are always very happy. If they are not happy, they will not look forward to taking this class.
"Just now we said that Legalist law emphasizes punishment, but Confucian law lacks punishment. The two can be directly integrated because they are complementary and easy for everyone to understand. Now let's see if the law
Like punishment, it can be perfectly integrated with it."
This chapter is not over yet, please click on the next page to continue reading! Zhang Fei asked again: "What is the concept of the rule of law?"
"A consensus to defend the legitimate rights and interests of individuals."
"Where's the ceremony?"
"Etiquette can be summarized as three cardinal principles and five constant principles."
"Are the Three Cardinal Guidelines and Five Constant Virtues what the sage thought of?" Zhang Fei asked again.
The students nodded.
Zhang Fei asked: "Who thought it?"
"Sage Confucius, the three cardinal principles are derived from the sage's monarch, minister, minister, father, father, son, son."
"So before Confucius, there was no such thing as king, minister, father and son? There was no superiority of men and inferiority of women? There was no benevolence, righteousness, propriety, wisdom, and faith?"
"Well...."
"Do you have?"
"have."
"Of course!"
Zhang Fei said: "If this is not the case, what is the basis for Sage Kong's words? In fact, this is the same as Li Kui's "Dharma Sutra". There is an existing relationship between monarch, minister, father, son and man, and it is a convention.
During the Spring and Autumn Period and the Warring States Period, everyone began not to abide by this convention, which led to chaos in the world. Confucius believed that everyone did not follow the rules, so the world was in chaos. Then if we return to Zhou Rites, the world will not be in chaos.
Is that true?"
The students nodded.
Although Zhang Fei said it very crudely, that's basically what happened.
Zhang Fei added: "Then it can also be concluded that the reason why Confucius proposed kings, ministers, fathers, sons and sons was to achieve world stability and family harmony."
Everyone nodded.
Zhang Fei asked again: "So what's the purpose of the Three Cardinal Guidelines and the Five Constant Virtues? Is it to show that the emperor is respected and his ministers are respected, and that men are 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 Cardinal Guidelines and the Five Constant Rules is not to pursue the supremacy of men and the inferiority of women. It is that by doing so, the world will be stable and the family will be harmonious. Even those mountain villagers, they They also know these principles, just like they also know that stealing is wrong."
With that said, he returned to the wooden board and said, "Well, let's now look at the relationship between the Three Cardinal Guidelines and the Five Constant Rules and the rule of law. Are the two concepts very similar?"
Everyone just nodded.
With this explanation, the concepts are really very similar.
Zhang Fei asked again: "Then what is the relationship between the two?"
The students looked at each other again.
"It seems that your first three classes were really in vain." Zhang Fei sighed.
Wang Anshi couldn't help but said: "It's to defend the relationship."
"It's about protecting the relationship."
Zhang Fei didn't care who had the final say, and pointed at the wooden board and said: "It's been said so clearly, why do you still need to think about it? The Three Cardinal Guidelines and the Five Constant Rules are a ubiquitous relationship, that is, it belongs to a consensus, and its purpose is to hope A stable world and a harmonious family are not national interests, and national interests are also personal interests. So according to the concept of the rule of law, isn't the relationship between the two the law and the defense of morality?"
The students were suddenly enlightened.
But...but that's all.
Zhang Fei couldn't help but ask: "Aren't you all blushing now?"
The students just smiled honestly.
The rich man and the civil servant were all there with deep brows and thinking, why are we afraid of being ashamed, who are we looking down on?
The corner of Zhang Fei's mouth twitched, he shook his head helplessly, and pointed at the wooden board and said: "Now we can compare the relationship between the two. We have just explained the relationship between virtue, punishment and auxiliary. Punishment is in the ritual and is a complement to the ritual. , it can even be simply understood as etiquette requires punishment.
The legal system is to defend virtue, and it is a relationship in which I protect you. So the former is a passive relationship, and the latter is an active relationship. Can you understand it?"
Shangguan Jun questioned: "Then it cannot be said that the leader of Germany is the master of law and the assistant of law."
The others also nodded.
And those scholar-bureaucrats smiled disdainfully, and we knew you had bad intentions. Even the students couldn't hide your little trick.
This picture makes it clear at a glance, punishment is in etiquette, etiquette is in virtue, one large and one small, the levels are clear, it is so obvious.
When it comes to the legal system, it becomes protected. You...
It's just that you said it nicely.
Zhang Fei asked: "My existence is to protect you, who is the leader and who is the assistant?"
"ah?"
Shangguan was immediately stunned.
Zhang Fei asked others: "Who is in charge and who is in charge?"
"Germany...Germany is the main law and assists."
"Of course it's the German leader and the French assistant."
Zhang Fei said: "Although one is supplementary, one is protective, one is passive, and the other is active, they are somewhat the same, in that they both focus on virtue. Now let's see what the difference is in the way they achieve their goals. "
As he said this, he walked to the other end of the board and said, "Now let's go back to the case of the law of a wife suing her husband. We also made it very clear just now that it is true that a wife sues her husband. This law has only lasted for two years. This example belongs to the Legalist method. This is also to maintain the Three Cardinal Principles, but it is passive. If you violate etiquette, I will punish you. As we have mentioned in previous lectures, the Legalist method has always been simple and crude. Always try to achieve the highest requirements at the lowest cost. Can it be done?"
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 imprisoned for two years, and secondly, the husband may also be convicted, and the family will be... gone."
"That's the truth."
Zhang Fei said: "Li accepts punishment, and the two are directly integrated. It accepts both the advantages and disadvantages of Legalism. The shortcomings of Legalism are opposed to Confucianism."
Because of this law, many families have become separated and their families have been destroyed. When a wife is abused at home, she has only two options: commit suicide or run away. The same principle applies, because Legalist law only provides punishment and no protection.
But this is not the stability of the world and the harmony and happiness of the family that the Three Cardinal Guidelines and Five Constant Rules pursue.
Then let’s look at the legal system. Should the legal system protect the wife’s rights?”
Everyone nodded.
Zhang Fei said: "Of course it is to protect. Suppose my wife is abused at home and she goes to the government to file a complaint. How should we deal with it according to the legal system?"
Shangguan Jun said: "Husbands should be stopped from abusing their wives."
This chapter is not finished yet, please click on the next page to continue reading the exciting content! Zhang Fei asked again: "How to stop it?"
Shangguan Jun said: "First, use verbal warnings. If the husband doesn't listen, you have to use punishment to threaten him."
Zhang Fei nodded with great satisfaction and said: "Only by stopping the beating in time can the family be harmonious. So the question is, suppose Cai Bian beat Shangguan Jun in the dormitory, and Shangguanjun went to the government to file a complaint.
What will be the verdict?”
Shangguan Jun immediately said: "He has violated the law of litigation and seriously harmed the interests of the country and the monarch. Even in accordance with the law, he must be punished."
Cai Bian glanced at him, was he so cruel?
Zhang Fei said: "Why don't you give a verbal warning first? It's also a beating. Why does a husband who beats his wife have to give a verbal warning first? If Cai Bian beats you, he will be sentenced directly."
Shangguan Jun was stunned and said: "Because they are married, Cai Bian and I are just ordinary classmates. This is different, how can we generalize."
Zhang Fei smiled and nodded, saying: "The behavior of my husband and Cai Bian are exactly the same, but the punishments are completely different. The reason is Sangang.
Under the rule of law, since punishment is passive, as long as you violate the etiquette and law, the punishment will be started immediately, no matter what the reason is. But the law of legal system is active, and its idea is to defend the legitimate rights and interests of individuals, and the wife is abused
When fighting, personal rights and interests are harmed, the legal system should protect them, but at the same time, family harmony must be safeguarded, so its sentencing must also be based on the Three Guidelines."
Take the Three Cardinal Guidelines as a reference?
Everyone was stunned.
The more you talk about this, the less likely it is that you will be the leader of Germany and the assistant of Dharma.
Having said this, Zhang Fei paused for a moment and said, "By the way! Do you know my famous work?"
Cai Jing was not sure: "The teacher is referring to the Ayun case in Dengzhou?"
"Exactly."
Zhang Fei nodded and said: "Then do you know how I helped Ayun escape the crime in the end?"
When Sima Guang heard this, the corner of his mouth twitched. Your famous work is based on my humiliation.
"Filial piety."
"good."
Zhang Fei nodded and said: "I will discuss the process of the lawsuit later. Now we mainly discuss why the court gave such a sentence. It is a fact that Ayun stabbed Wei Ada. It is not a death penalty according to the law. This life crime is inevitable. But the court
In the end, she was sentenced to self-defense, and her punishment was to spend more than half a year in jail in Dengzhou.
The reason is that the court took into account filial piety in the Three Cardinal Guidelines, and the reason for the punishment was to protect filial piety. Of course, Wei Ada's interests must also be protected, but since Wei Ada had already received reasonable compensation from the Fang family, the court did not continue to punish him.
Additional compensation will be provided.
This case is a typical case of Germany's main legal aid. Whether Ayun is illegal or not, it is absolutely illegal. She definitely violated Wei Ada's rights. However, the penalty was based on the etiquette of the Three Cardinal Guidelines, and in the end a relatively lenient punishment was given."
The more Sima Guang listened, the more annoyed he became. What the hell, weren't you the one who forced me to do this?
He wished that Zhang Fei could talk about the process of the lawsuit, that was the most exciting part.
Of course Zhang Fei wouldn't say it, because it was a higher-level theory. He returned to the wooden board, pointed at "De == Law" and said: "Now we should be able to accurately judge whether France belongs to etiquette or not?"
"Does not belong!"
“Doesn’t France belong to Germany?”
"Does not belong!"
"None of them belong!"
Zhang Fei nodded and said: "Because the law is only a protector and a defender. Virtue and punishment are combined. Punishment is subordinate to virtue and subordinate to etiquette. As long as you violate etiquette, then I will punish you. This is no condition." Tellable.
But with the combination of morality and law, morality becomes a protection target of the law. The standard for criminalization of the law is to judge whether you harm the interests of the monarch, the country, and private individuals. This is the concept of the legal system itself, and its content is not etiquette.
But the core object of his protection is etiquette.
Because the Three Cardinal Guidelines are the order of the entire country, are the core interests, and are above the legal system, then the law will refer to the Three Cardinal Guidelines when making punishments. On the one hand, it punishes those who seriously violate the Three Cardinal Guidelines and Five Constant Rules. But on the other hand, it will also require tolerance for those who abide by the Three Guidelines and Five Constant Rules, even if the suspect has violated the rights of others.
It's like saying that sports cars are not allowed in the city, but if you rush to find a doctor to save your father, even if you hurt someone, you will get a certain understanding from the legal system, such as exemption from punishment, but you will definitely have to compensate. The person you injured.
The main purpose of virtue and punishment is to tell you the consequences of violating etiquette, while 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 turned around and nodded in praise.
Empress Dowager Cao also nodded frequently and whispered: "It sounds like it is obviously better to combine Germany and France!"
But when I looked at the ministers around me, I saw that all of them were sweating profusely, and I couldn't help but frown a little.
Can those old masters not be so anxious that they are sweating profusely?
If you do this, the unity of etiquette and law will be gone!
The ritual becomes a reference.
Doesn’t this weaken the superior class?
You are really sneaking around in this game!
I saw a scholar-bureaucrat suddenly stand up and said: "If I follow your words, I can also sue you."
You always use the husband as the guide for the wife. The reason why we impeach you is that the king is the guide for the minister. If you have the ability, you should explain this clearly!
As soon as these words came out, the people who were whispering just now stopped immediately, and the hall immediately became quiet.
Zhang Fei shook his head and said with a smile: "This doctor still doesn't understand!"
"I understand very well."
"Yeah?"
Zhang Fei then asked his students: "I just said that the case of a wife suing an official is what kind of behavior under the legal system?"
Cai Bian said: "Seeking protection."
"yes!"
Zhang Fei said: "The legal system only protects the rights and interests of the wife, and the purpose is to defend the husband's wife's rule, not to destroy the husband's wife's rule, nor to encourage the wife to sue her husband every day.
As I just said, the basis for sentencing is also based on morality and etiquette. The purpose of morality and etiquette is to achieve national stability and family harmony.
The same is true for the principle that the king should be his ministers. The purpose of the legal system is to defend the principle that the king should be his ministers.
In fact, the rule of the ruler and his ministers under the supervision of virtue, punishment, and assistance is not good for the monarch, nor is it good for the ministers, because there is only punishment and no protection. This is actually a very dangerous relationship. The principle is the same as the husband's guide for his wife.
If ministers either run away or commit suicide, then this country will not survive forever."
As soon as these words came out, the ministers' faces looked much better, but in their hearts they were more or less worried about gains and losses.