Chapter 385: Dont do to others what you dont want others to do to you.
In this time of worrying about gains and losses, more people feel very disappointed.
This guy is really eloquent.
Although Zhang Fei was released, they all believed that the matter was not over yet, so many people had been looking forward to this lesson.
Because the contradiction between the legal system and the Three Principles and Five Constant Rules is really visible to the naked eye. It is an unequal relationship, and it is in the interest of the ruler. You insist on equality.
In their view, this cannot be explained.
But I never thought that Zhang Fei would interpret the legal system as the protector of the Three Cardinal Principles and the Five Constant Virtues.
You know clearly that he wants to weaken etiquette, or even subvert etiquette, because according to the legal system, etiquette and law are stripped away, but you can object, but you really can't say that he is wrong.
"Then...then you should talk about it in detail, the ruler under the command of the virtue is the minister."
I heard someone in the crowd suddenly speak, but they were a little evasive.
Zhao Xu just glanced slightly. Although he didn't see who said it, he smiled and said nothing.
The ministers and students didn't care who had the final say, but looked at Zhang Fei expectantly.
"I don't know the specifics."
Zhang Fei shook his head and said: "First of all, although I am an official now, I am not the kind of minister who can sit with officials to discuss state affairs; secondly, in my career of litigating, I have never encountered conflicts between monarch and minister.
, I don’t quite understand these either.”
Jiang Zhiqi immediately said: "Since you don't know anything, what are you talking about here?"
"Before the class, I explained the reason for this class. It was because my legal approach caused ambiguity and even affected these students, so I had to explain clearly."
With that said, Zhang Fei looked at the students again, "Now you should be very clear about the relationship between the legal system and the Three Cardinal Principles and the Five Constant Rules."
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, but they always felt that it was still fragmented and some things had not entered their minds.
Why do their minds start to get confused when it comes to the legal system? One of the important reasons is that since the fall of Qin, Confucianism has unified the world, and any relationship logic is based on the family as the basic unit, and there is no individual.
Therefore, when they think about problems, they tend to ignore the individual, and their first reaction is home.
This is why Zhang Fei would ask them from time to time in class about the concept of the rule of law, just to remind them of this.
"All right!"
Zhang Fei sighed helplessly, "Let's summarize it again! Let me ask you, why does the legal system cause so much ambiguity?"
Cai Bian said: "Students believe that the most fundamental reason is that the legal system emphasizes protecting personal rights and interests."
"good."
Zhang Fei nodded, "This is the most fundamental reason. But what did they ignore?"
Shangguan Jun said: "It ignores that both the family and the country are composed of one individual."
"It seems that you are all paying attention to the class."
Zhang Fei returned to the wooden board, "Then let's take husband and wife as an example again. What does Dong Zhongshu describe as the relationship between monarch and minister, husband and wife, and father and son?"
"yin and yang."
"Yes, one yin and one yang."
Zhang Fei drew a Tai Chi diagram on the wooden board, painted it black on one side, left a small space in the middle, and wrote "husband", and directly wrote "wife" on the other side, saying: "Under the rule of de, the relationship is
How is it stipulated?”
Everyone was confused again.
If you change the picture, they won't be able to express it well.
Zhang Fei continued: "Listen clearly, under the rule of virtue and punishment, this is a relationship between emptiness and reality. The wife is emptiness and the husband is reality. In other words, the husband can overflow into the wife's side. This blank space
, that is, reserved for the husband.
As we just discussed, if a husband and wife want to be harmonious, one party must give in. There is no room for two tigers in this mountain, so we might as well determine which party should give in. Does that make sense?"
The students nodded.
"It makes sense."
Zhang Fei nodded and said: "Therefore, this is also the case in the case of the German master and the legal assistant, because it is a convention. So, under the German master and the legal assistant, can the husband overflow to the wife?"
"cannot."
Ye Zuqia said very firmly.
Zhang Fei smiled and said: "Are you going to build a wall to block him? We will never interact with each other."
"...?"
Even if they live without contact, are they still a couple?
Zhang Fei smiled and said: "This side is empty, and the other side is real, and the two are intertwined, and there will inevitably be twists and turns in life, and there will inevitably be overflow. But the difference between the two is
It depends on how the overflow is handled.
Under the rule of virtue, punishment and auxiliary, overflow is overflow, as long as it is not overflowing, that is to say, don't go too far. As a result, in different families, the degree of overflow is also different.
Such as Bachelor Wang and Bachelor Sima, there is less chance of overflow in their homes."
Wang Anshi and Sima Guang immediately looked at Zhang Fei unhappily.
Regarding this family matter, what example do you make of us?
Zhang Fei added: "However, under the rule of Germany and the legal assistance, since there is a 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 intervention?"
"Restore it to its original state." Cai Bian said.
"good."
Zhang Fei nodded and said: "It is to use coercive means to make the overflow part go back and continue to maintain its original appearance. So from this, what is the standard for criminalization of the legal system?"
"Infringement of legitimate rights and interests of individuals."
"Yes. This cannot be changed, because this is the concept of the legal system."
"But what about the standard of guilt?"
"Three cardinal guides and the five permanent members."
"It is necessary to refer to the Three Cardinal Principles and Five Constant Rules. To put it more bluntly, it is to use personal rights and interests as the principle of criminalization and the rights and interests of the family and the country as the basis for criminalization. This is precisely the biggest reason for the ambiguity."
Zhang Fei explained: "They only saw that the legal system has changed the principle of criminalization, and it has indeed changed, but they ignored the legal system and the basis for criminalization. Which one do you think is better and worse between the two?"
Cai Bian said: "Germany leads the way and the law assists."
"certainly."
Zhang Fei said with great certainty: "Actually, they all understand this truth, because it is very similar to a political idea?"
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: "Compete with the people for profit."
"good."
Zhang Fei nodded and said: "It's just about competing for profits with the people. This is the case for this family, and it is also the case for the country. Throughout history, the situation of country subjugation was due to the continuous overflow and the continuous encroachment on the interests of the people, which led to the people's livelihood. The final result
It's a game with no winner. The monarch, the country's leader, and the people are all ruined. Opposing competing for profits with the people is to achieve a balanced state."
As he said that, he looked at Sima Guang and said, "Scholar Sima, do I make sense?"
Sima Guang nodded, "What you said makes sense."
Zhang Fei added: "But what's very interesting is that the people who said this and the people who sued me are the same people. Scholar Sima thinks they did it on purpose or on purpose."
The students all laughed.
Sima Guang glared at him, it turns out you are trying to harm me!
Zhang Fei asked again: "Do you know which sentence appears twice in the Analects?"
Shangguan Jun immediately replied: "Don't do to others what you don't want others to do to you."
Zhang Fei nodded: "That seems to be the sentence."
Shangguan Jun laughed honestly.
"why are you laughing?"
Zhang Fei asked.
It was okay if he didn't say it, but when he said it, he laughed even more.
Not only did the students laugh, but Fu Bi and Wang Anshi also laughed, and even Zhao Xu and Empress Dowager Cao laughed.
Zhang Fei said helplessly: "Don't get distracted. What I want to say is that the rule of law is to try your best to ensure that you don't do what you don't want to do to others, because there is a sky outside the world and there are people outside the world."
As soon as he finished speaking, someone asked: "Then what do you think of the New Deal?"
"I already talked about this in the last class."
Zhang Fei said: "I will use this yin and yang diagram to explain it here. For example, Bachelor Sima's point of view emphasizes trying to maintain a balanced state. But with virtue as the master and punishment as the auxiliary, is Bachelor Sima's view correct?"
The students nodded.
"The master of virtue, the assistant of punishment?" Zhang Fei asked.
The students blinked and then shook their heads.
"What are you thinking? Of course you are right. I just say that this is allowed." Zhang Fei asked again: "But is this Wang Xueshi's point of view?"
Everyone shook their heads again.
"Then what is Bachelor Wang's point of view?"
Zhang Fei drew a big circle on the edge again, "This is Bachelor Wang's point of view."
Wang Anshi stroked his beard and laughed: "It's very vivid and right."
This circle is really fun to watch.
Wen Yanbo asked: "The painting is good, but can it be done?"
Zhang Fei said: "I wonder if Duke Wen asked whether Bachelor Wang can do it, or whether the circle can become so big?"
Wen Yanbo was stunned for a moment and said, "Ask everyone."
Zhang Fei replied: "I don't know whether Bachelor Wang can do it. I'm so young and don't know much about politics. I'm talking about law, but whether the circle can become so big, I personally think it is possible."
Sima Guang asked: "How do you say this?"
Zhang Fei replied: "Because I found that the yield per mu during the Qin and Han Dynasties was not as good as that of our dynasty."
Sima Guang said: "That's just because of the improvement of rice seeds and tools."
"Then has the circle gotten 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 there is a saying from Master Wang that can be explained this way, that is, if you want to be rich in the world, you must be rich in the world."
Wang Anshi immediately said: "What does it mean to explain it like this? That's what I mean."
Zhang Fei said: "I don't know very well, so I dare not say too absolutely, but many people don't think so."
Wang Anshi hummed: "As you said, if they are opposed to competing for profits with the people, why do they oppose the rule of law?"
Zhang Fei asked: "So, Academician Wang supports the legal system?"
Wang Anshi said: "Of course I support it. The New Deal is not about competing for profits with the people. What should I be afraid of?"
"Yes! 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 the class here."