This class is getting more and more terrifying as it goes on.
In fact, when Zhang Fei first talked about the Legalists' laws, these scholars were very happy. Zhang Fei said that the Legalists' laws were not laws at all, and he almost denied the Legalists' laws from the perspective of legal principles.
Well said.
You are absolutely right.
In fact, during the Northern Song Dynasty, Confucianism had not yet completely unified the world. Wang Anshi's reforms could be regarded as an attack by the Legalists on Confucianism. Although Wang Anshi was not a pure Legalist, he represented a new school of thought, and his new policies also contained some Confucian ideas, but his methods were obviously more inclined towards Legalism.
He believed that natural disasters were not to be feared, ancestors were not to be followed, and people's words were not to be pitied. This was in fundamental contradiction with traditional Confucian thinking, but was quite consistent with Legalist thinking.
This is also why many upright ministers opposed Wang Anshi's reforms.
this is too scary.
As Zhang Fei said, as long as the Legalist approach is adopted, power must be concentrated.
However, after the reigns of Zhenzong and Renzong, the idea of the emperor and the literati ruling the world together had already been deeply rooted in people's hearts.
If the emperor suddenly wants to centralize power again, the ministers will of course oppose it.
But as he was speaking, Zhang Fei suddenly changed the subject and talked about Confucianism.
The most important thing is that Zhang Fei did not say that Confucianism is the optimal solution.
You can say that Confucianism has flaws, but you cannot say that Confucianism is not the optimal solution.
Therefore, the scholars and officials began to become restless.
But it was of no use, Zhang Fei just retorted with one sentence.
In fact, "no punishment shall be imposed on scholars and officials" can be interpreted in many ways, and it can be explained very beautifully. For example, scholars can be killed but not humiliated. It does not mean that scholars and officials cannot be punished. This is also the signature skill of Confucianism.
Many words seem to be wise sayings, but actually putting them into practice is another matter.
With the talents of these scholars, they can come up with a hundred reasons to leave Zhang Fei speechless.
However, these scholars still wanted to consolidate this privilege, so they were unwilling to argue this issue with Zhang Fei.
Unfortunately, Zhao Xu remained unmoved.
Academic discussion is harmless.
The scholars and officials were also speculating what Zhao Xu was planning.
The atmosphere in the classroom suddenly became very strange.
Everyone has his own ulterior motives.
Zhang Feiyan said: "In fact, it is incorrect and unfair to compare the laws of Confucianism with the laws of the legal system."
What are you doing
Do you want to look back
late.
The scholars and officials did not buy it and continued to act ferociously.
The saying that doctors should not be punished has offended too many people.
The students didn't buy it either, so Shangguan Jun said contemptuously, "Are you scared?"
I have to say, this turn of phrase was a bit abrupt.
"There is no such thing as fear in academic discussions."
Zhang Fei smiled and said, "Academic discussion requires rigor. Didn't I just emphasize that the law of the Legalists and the law of the legal system are not the same thing?"
Some students nodded slightly.
This issue is discussed at the beginning.
Zhang Fei said: "Then I explained that the laws of Confucianism and Legalism are essentially the same. In other words, the laws of Confucianism and the laws of the legal system are not the same thing. Since they are not the same kind of things, how can they be compared together? There is no reason to compare people with dogs."
These words were indeed said by Zhang Fei, but this confused everyone again.
Cai Bian asked, "If that's the case, then what were you comparing just now?"
Zhang Fei immediately said, "I didn't compare the two. You were the ones who compared them. You almost led me astray and caused quite a misunderstanding. You guys are either stupid or evil."
“… … !”
Cai Bian and others were dumbfounded. It was obviously you who said that. Now that the scholars and officials are unhappy, it's our fault. You are too shameless.
"Why are you looking at me like that?"
Zhang Fei said: "What did I say just now? I said that the Confucian way is to be more inclined to the rule of law. Is that right or not?"
"Isn't this an analogy?" Cai Bian asked.
Zhang Fei asked back: "Is this an analogy?"
“… … !”
Cai Bian thought about it carefully and it seemed that it was not the case.
Zhang Fei returned to the board and said, "If you really can't understand it, you can think of it as the law of the legal system is the end point, and the law of Confucianism and the law of Legalism are two contestants, and they are both running towards the end point."
Yan Fu snorted angrily, “You are clearly taking this opportunity to elevate your legal system and belittle Confucianism.”
Zhang Fei asked with a smile: "If the emperor breaks the law, he will be punished the same as the common people. Do you think this is right or wrong?"
As soon as these words were spoken, the whole audience fell silent.
Even the brave and brave students were terrified.
This time they understood.
That weirdo Xu Zun was also trembling at this moment. It was not easy to be a father-in-law!
But apart from him, the other scholars and officials behaved very calmly, secretly glancing at Zhao Xu with a sense of gloating.
I asked you to stop him but you didn't. Now, he's coming straight towards you.
You deserve it!
Zhao Xu did not show anger, but smiled and asked Zhang Fei: "The emperor is guilty of the same crime as the common people. Do you think this is right or wrong?"
At this time, he was the only one who dared to say this.
"Of course it is right." Zhang Fei replied.
Zhao Xu said, "I'd like to hear more details."
Zhang Fei said: "In fact, Mencius has already made this point clear. Those who have the Way have many supporters, while those who have lost the Way have few supporters. What is the 'Way'? It is the consensus of the people to defend their legitimate rights and interests. This is the law of the rule of law."
Can it be explained this way
Sima Guang, Wen Yanbo and other great scholars could not help but fall into deep thought.
It seemed to make sense, but it was somewhat different from their previous understanding.
Zhao Xu asked again: "If it is right, why has no one been able to do it since ancient times?"
“Because it’s hard.”
Zhang Fei said, and then looked at Ye Zuqia, saying: "Before, he said that as long as we abide by the law of the rule of law, we can govern the world well. I said that he is more powerful than a saint, because a saint can only look on with fear. We can get a glimpse of this from the competition between Confucianism and Legalism."
Everyone looked at Zhang Fei expectantly.
When it comes to the laws of the legal system, they are actually still a little confused, but when it comes to the dispute between Confucianism and Legalism, they really don't know much about it.
Zhang Fei came to the wooden board and said, “When it comes to competition, there must be a standard. Let’s use the law of the legal system as the standard to discuss the dispute between the Confucian law and the Legalist law.
Now we already know the result. Confucianism defeated Legalism. Legalism only flourished in the Qin Dynasty, but after the second emperor, there was no system like that of the Qin Dynasty.
We have just explained the reasons why the Qin Dynasty perished in the second generation. The reason is that the laws of the Legalists completely replaced the laws of the rule of law. Every law of the Qin Dynasty was to defend the interests of the monarch. There was no legitimate rights and interests of individuals, which violated the consensus of everyone and became a lawless country.
So the Qin Dynasty only looked united, but in fact the ruler and the people had already been alienated and would inevitably perish quickly. So, has the Confucian law replaced the legal system? "
“… … !”
The students remained silent.
"Do you have?"
Zhang Fei asked again.
Fu Bi suddenly replied: "No!"
Zhang Fei immediately asked: "Why?"
Fu Bi replied: "Because most of the Confucian laws are not laws, but rituals."
"correct."
Zhang Fei nodded. He didn't expect that this old man's thinking was more agile than that of the young people. He looked at the group of students who were not doing well and said, "You must remember one thing. The law of the Legalists completely replaced the law of the legal system, because every decree in the law of the Legalists is mandatory and compulsory, which is exactly the characteristic of the law of the legal system. Therefore, the relationship between the two is replacement.
The Confucian law is, in most cases, educational, not coercive. Many people with bad morals in the world are excluded and despised, but they are not punished. The law of the legal system still plays a role in safeguarding the legitimate rights and interests of individuals.
Compared with the two, the Confucian law is obviously more advanced, because the Confucian law is closer to the law of the legal system, and morality and law also have many things in common. "
After hearing these words, everyone suddenly understood.
The dispute between Confucianism and Legalism has lasted for a thousand years.
Although Confucianism is powerful today, there is no ultimate superiority in literature, and from an academic perspective, no consensus has been reached.
One of the reasons is that there is no standard.
Now Zhang Fei puts the law of the legal system in the middle as a standard. From this comparison, we can see that the law of Confucianism is definitely higher than the law of Legalism.
The victory of Confucianism is inevitable.
Shangguan Jun said, "Isn't this good?"
"Yes!"
Zhang Fei said: "I have never said that Confucianism is bad. At present, Confucianism is actually the best solution. It is you who think I am saying that Confucianism is bad."
“… … !”
A group of scholars and officials stroked their beards and looked at each other in bewilderment.
They were very excited just now because Zhang Fei emphasized that the law of the legal system is better than the law of Confucianism. It was a dispute between the two laws, so of course they were anxious. Now that Zhang Fei uses the law of the legal system as a standard, there is no distinction between high and low.
But there seems to be a difference between high and low.
Tangled ah!
Zhao Xu suddenly said, "But the Confucian law is only close to the law of the legal system, but it has not yet achieved the law of the legal system."
"Yes."
Zhang Fei nodded.
Zhao Xu then asked: "Since there is a better way to govern, why not do it?"
Sima Guang and Xu Zun couldn't help but shudder.
This is a terrible question!
The emperor asked this question, but that doesn't mean he thinks so.
You kid, please don't talk nonsense!
In fact, they all know the answer, but no one has ever dared to touch this bottom line.
But then again, the Song Dynasty was already quite good, after all, it still had the idea of the emperor and the literati ruling the world together.
Regardless of whether the literati are good or bad, it is better than having one person have the final say.
"That's the reason."
Zhang Fei pointed to the bottom of the wooden board.
Zhao Xu stared at it and said in surprise, "The law of the legal system."
Everyone was also stunned. Isn't it a standard? How could the problem lie with it
"That's right!" Zhang Fei nodded, and suddenly asked back: "I would like to ask the emperor, is it the country that comes first, then the family, or the family that comes first, then the country?"
“… … !”
Zhao Xu was startled, and thought for a while with a frown, but still had no answer. He looked at the ministers around him, but everyone was silent and avoided his gaze, so he asked Zhang Fei again: "Which one came first, the country or the family?"
Zhang Fei said: "I think if there is a difference in order, then this problem will be easy to solve, but the problem is that the two coexist and there is no order in which one comes first.
As I said before, whether it is the laws of Legalism or the laws of Confucianism, they are all methods for the monarch and his ministers to govern the country. They are for the sake of national interests and represent the interests of the monarch. The laws of the rule of law are to defend the legitimate rights and interests of individuals and are for personal interests.
The two are interdependent, but at the same time there is a fundamental contradiction, which is very obvious in taxation.
The amount of taxation directly reflects national and personal interests. Sometimes, if the taxation is too low, the country will perish, but sometimes, if the taxation is too high, the country will also perish. "
When it comes to taxes, everyone suddenly becomes enlightened and understands it instantly.
So that's what is happening.
Zhang Fei continued, “Nowadays, Confucianism is dominant, supplemented by the rule of law. Once there is a conflict between national interests and personal interests, the problem will be focused on the monarch and the ministers, who will give in to whom.
If a wise ruler is encountered, this problem can be solved and the country will surely be strong, but if a foolish ruler is encountered, it will be completely over. Emperor Xuanzong of Tang is the most typical representative.
If the rule of law is dominant, then we can stick to this bottom line. If we meet a wise ruler, we can soar to the sky, but even if we meet a foolish ruler, the country will not be destroyed immediately, and we can leave a lot of room for maneuver. "
Zhao Xu couldn't help but say: "Compared like this, it is obvious that the law of the legal system is better."
Zhang Fei nodded and said, "In theory, this is correct, but Confucianism can make concessions to legalism. The monarch can reduce taxes and levies, and easily solve some problems. But it is difficult for legalism to make concessions to Confucianism, because legalism is a consensus to defend individual rights and interests, not something that can be decided by one person.
Once the country is threatened, but no one is willing to pay an extra penny in taxes, what should we do? In the end, both the country and the people may perish together, and the country and the people may be ruined. "
Zhao Xu was confused again, "If that's the case, it's impossible to implement this legal system."
"Yes, but it's difficult." Zhang Fei said: "In fact, before my dynasty, there was almost no hope, but it is possible for my dynasty to achieve it."
Zhao Xu hurriedly asked, "What do you mean?"
Zhang Fei said: "It is the law of our ancestors. We take precautions against things and make rules for crooked things. As long as the law of the legal system can meet the requirements of the law of our ancestors, it can basically be achieved."
Everyone couldn't help but straighten their backs slightly, and a hint of pride emerged.
Zhao Xu was also surprised and asked, "Really?"
Aren’t the laws of our ancestors meant to safeguard imperial power
Zhang Fei nodded: "Be prepared for things and make rules for curves. This is a very high standard, because there is a preventive thought in it, that is, you have to consider everything carefully first. Then when applied to the law of the legal system, you have to imagine what regulations can be activated when encountering difficulties to make special responses, including what regulations can be activated and what regulations can be added when encountering new problems.
The Confucian approach is to find solutions after encountering a problem, while the legal approach is to consider these issues clearly beforehand and has very high requirements for every law.
The current legal system is completely unable to solve these problems. If we let the legal system take the lead now, it will definitely be over, because it will take many geniuses to continuously improve it, of course. "
Zhang Fei glanced at the students' faces. "I'm not referring to these self-righteous but very stupid guys. But anyway, this is why we study law."