Don't laugh!
Indeed, no one laughed.
Both the students and the ministers stared at the wooden board in a daze.
"My Lord! That's a good point. Let's not talk about whether it's feasible or not, but at least it sounds like it's okay."
Queen Mother Cao whispered to Zhao Xu.
Zhao Xu replied: "My grandson doesn't think there is a problem either. They are the ones who say there is a problem."
Queen Mother Cao glanced at the ministers with disdain and muttered to herself, it seems they are still a little too idle!
But the ministers are also feeling miserable!
Zhang Fei had never mentioned this issue before.
Zhang Fei was only expounding the concept of the law of the legal system and legislative ideas, and did not closely link the law of the legal system with the monarch.
Because he was just giving a lecture and discussing academic matters at the time, Zhang Fei kept comparing the laws of Legalism and Confucianism, and did not suggest that the emperor do so, and he did not have the qualifications to do so.
No one thought about this level.
But if the emperor wanted to do this, it would immediately become the emperor's protection of the people.
Is it wrong for the emperor to protect the people's interests from being violated
However, Zhang Fei had never mentioned this issue before. His audience was not the emperor, but the students. It can only be said that ministers could use this statement when advising the monarch.
This is also why Empress Dowager Cao, who attended the class on the first day, thought that the boy spoke very well, but after listening to the class for a few days, she felt a little confused.
“Ahem!”
Fu Bi suddenly stood up and said: "It is certainly not wrong for the monarch to protect the legitimate interests of the people, but if this is really used to legislate, it will also conflict with the ethics of the code of conduct.
For example, if a wife sues her husband, even if it is true, she will be sentenced to two years in prison according to the law. This law follows the Three Bonds and Five Constant Virtues, but it violates the concept of the law of the legal system, because according to the law of the legal system, relatively speaking, the two ends of the law are equal, while the Three Bonds and Five Constant Virtues are unequal. "
The other ministers reacted immediately and nodded frequently.
Fu Bi said it very bluntly, people are not equal, which is the core of Confucianism and also the biggest contradiction with the law of the system.
Zhang Fei smiled and said, "Mr. Fu's words make sense, but now my students and I are discussing whether we are breaking the law or not."
us
Isn't it you
Shangguan Jun and others just felt like Alexander!
Wen Yanbo said: "The Censorate only interrogated you and did not convict you. Otherwise, how could you stand here? The Censorate has the power to do so."
"I agree very much with what Duke Wen said."
Zhang Fei nodded and said, "I am just explaining why I am innocent. I absolutely do not think the Censorate has any fault in this case."
Wen Yanbo was surprised and asked, "Are you serious?"
"Absolutely true!"
Then Zhang Fei asked the students, "Do you know why?"
Those students all shook their heads.
Zhang Fei explained: "Because the greater the power, the greater the responsibility. Officials hold power, and a small mistake may hurt many people. This must be more strictly supervised. If I were a commoner, I would definitely sue the Censorate because I believe I am innocent.
But I am an official now, and I have to face these things. So now I am just explaining that I am innocent, but I will never deny the actions of the Censorate. Not only that, if the government wants to punish the Censorate, I will stand up and speak a fair word for the Censorate. "
Jiang Zhiqi, Peng Siyan and other censors looked at Zhang Fei in surprise.
Are you sincere
But it sounds so hypocritical!
Shangguan Jun questioned, "But didn't the teacher also satirize the Censorate just now?"
Zhang Fei smiled and said, "What do you know? That's called humor. It also proves that I'm not angry about it. I've been out for a few days, but have you heard me yelling that I want to appeal? Am I going to make a scene? I just hurriedly opened this class to explain the problem clearly. I don't have any resentment towards the Censorate. And."
He looked at Jiang Zhiqi and Peng Siyan, "Censors Jiang and Peng can also testify for me. I will fully cooperate with the investigation of the Censorate. I will tell them whatever they ask, without any lies or empty words."
Everyone immediately looked at Jiang Zhiqi and Peng Siyan.
Jiang and Peng remained silent.
During the interrogation, Zhang Fei was indeed very cooperative and even betrayed his father-in-law very directly without hesitation for even a second.
The review was completed very quickly.
Their silence means they agree.
The students looked at each other.
It seems to be the case.
Zhang Fei didn't make a fuss, nor did he go to Kaifeng Mansion to beat the drum. They didn't know that Li Kai was really panicked during those days. Based on Zhang Fei's personality, he would definitely come to complain. This kid would never let go of any grudge.
"but."
Zhang Fei suddenly said again.
Everyone immediately looked at Zhang Fei with contempt.
as expected.
There is a "but".
Zhang Fei smiled and said, "When facing the people, you can't do this. You can't arrest people just because they said something like this. You still have to have evidence and follow the judicial process.
There is a huge difference between speaking in the Imperial College and speaking by the field. Can you understand?"
The students nodded slightly.
But the surrounding officials felt like cursing but couldn't.
Who the hell told you that you don't need to provide evidence when arresting our officials
You have a total double standard!
But they have their own grievances.
This kid is really bad!
Lu Gong heard the hidden meaning and laughed, "This brat hasn't changed at all, he's still as bad as ever."
Zhang Fei asked again: "Do you think what I said makes sense?"
The students hesitated, then nodded.
Zhang Fei suddenly looked at Fu Bi, "Mr. Fu, do you think what I said makes sense? Supervision of officials should be stricter than supervision of the people."
Fu Bi nodded and said, "It should be so."
Zhang Fei stepped back in front of the wooden board and asked, "Do you think my statement violates moral principles?"
Fu Bi couldn't help but frown. Although he was always eloquent, he couldn't answer at this moment.
Wang Anshi laughed and said, "Great!"
Sima Guang remained silent.
Shangguan Jun replied: "Of course not."
Zhang Fei asked: "What do you mean?"
Shangguan Jun said: "The ruler is the leader of his subjects, the husband is the leader of his wife, and the father is the leader of his son. It is from top to bottom. The ruler should set an example for his subjects, the husband should set an example for his wife, and the father should set an example for his son. Naturally, the requirements for the ruler, husband, and father are higher. Isn't this what the teacher said before?"
Zhang Fei asked again: "Then why are wives not allowed to sue their husbands? Isn't this condoning their husbands breaking the law?"
"this... ."
Shangguan Jun looked at his classmates for help again.
They now have a clear consensus that they must unite as one when facing the problem of Zhang Fei, otherwise they will be completely unstoppable.
Cai Jing said awkwardly, "As the saying goes, it is difficult for an honest official to settle family disputes. There will always be conflicts between the emperor and his subjects, between husband and wife, and between father and son. If both sides have their reasons, one side must give in. Only in this way can there be peace. If there is no moral code, the quarrel will inevitably intensify."
Everyone nodded.
Well said!
That's the truth.
"That makes sense. This can indeed reduce many quarrels and make the country and the family more harmonious and happy."
Zhang Fei also nodded, and then asked: "If the husband only knows how to drink every day, and never goes out to work, and relies on his wife to earn money to support the family, and the husband beats his wife every day when he is drunk, and does this every day throughout the year, and beats his wife to blindness, then do you think that it is unethical for the wife to file a complaint?"
Cai Jing immediately said: "This is just an individual case, we can't generalize it."
"Don't worry about that."
Zhang Fei said, "Let me ask you, do you think that in this situation, if the wife goes to complain, it would be considered unethical?"
Cai Jing hesitated for a while, then shook his head and said, "I don't think this can be considered as violating moral principles."
Zhang Fei asked again: "Do you have any different opinions?"
The students shook their heads to indicate no.
It's so tragic. Those who hear about it are sad and those who see it cry. If we have to say it, what will happen to moral principles? Even if it does, we can't say it out loud, not to mention that the empress dowager is sitting next to us.
Empress Dowager Cao was also a tomboy when she was young!
Zhang Fei asked again: "If I put this paragraph under this law as a comment, would it be against the moral code?"
Everyone shook their heads.
Zhang Fei asked, "What if one eye is blind?"
Everyone shook their heads.
"What about a broken finger?"
Continue to shake your head.
"He was beaten black and blue every day, and his wife was only allowed to eat one meal a day, but her life was not in danger. If his wife went to the authorities to file a complaint, would that be against moral principles?"
Still shaking his head.
Yan Fu could not help but say: "All the examples you cited are special cases. Such a cruel and violent husband is rare indeed."
Zhang Fei asked with a smile: "Doctor Yan think it's worth it to exchange a twenty-word memorial for an innocent life?"
Yan Fu snorted, "Governing a country is not as simple as you think."
“So it requires wisdom and diligence rather than showing helplessness.”
Zhang Fei shrugged slightly and returned to the podium. "In this case, everyone knows that it is not against the moral code for a wife to sue the officials, but why didn't we add an additional comment? This is very puzzling, but in fact, we have already mentioned the reason in the last class. Who of you can answer it?"
"Have it?"
Cai Bian asked with his eyes wide open.
Zhang Fei nodded and said, "Of course!"
The students exchanged glances with each other, then looked at Zhang Fei blankly.
Teacher, really not!
"Alas... I am such a failed teacher." Zhang Fei sighed in disappointment, "What kind of law does Song Xingtong belong to?"
"The law of the Legalists."
The students said in unison.
"good!"
Zhang Fei nodded and said, "What's the difference between this and the law of the rule of law?"
Everyone answered in unison: "Lack of protection and defense."
Zhang Fei added: "Compare this law with this case, do you understand?"
The students suddenly understood and nodded continuously.
Empress Dowager Cao, who came to class on the first day, was confused. What were you talking about? It was obvious that Zhao Xu was also listening attentively and she couldn't bear to disturb him.
Zhang Fei said unhappily: "Then you couldn't answer it just now."
All the students were ashamed and silent.
"You need to be more active in your thinking. Memorizing things by rote is not a skill."
Zhang Fei shook his head and said, "It is obvious that this law only has punishment but no protection. So according to the law of the rule of law, should it be revised?"
The students nodded.
Zhang Fei asked: "How to modify it?"
The students were looking at each other in pairs.
"Didn't I teach you the method? What should I consider first?"
"... ... ?"
"Um?"
Zhang Fei frowned and looked at them.
Cai Bian hurriedly said: "We should first consider whether there is any direct and serious harm to the interests of the country and the monarch?"
"This really scares me. I'll remind you again. If you don't consider this first, you'll get into big trouble."
Zhang Fei breathed a sigh of relief and continued, "If the interests of the country and the monarch are endangered, they must be punished. In this case, the wife made a fuss to the government. Wouldn't that directly endanger the interests of the country and the monarch?"
Everyone shook their heads.
"Of course not. It may even increase the credibility of the government."
Zhang Fei asked again: "But if a wife quarrels with her husband and is slapped, and then she goes to the government to file a complaint, will this directly and seriously harm the interests of the country and the monarch?"
The students seemed very hesitant, which seemed to hurt, but also seemed not to hurt.
Jiang Zhiqi was very anxious and said, "If this situation is tolerated, it will violate the principles of morality and turn the world upside down, which will inevitably harm the interests of the country and the monarch."
Zhang Fei smiled and said, "Is Jiang Yushi saying that seeking the government's approval would seriously harm the interests of the country and the monarch?"
Jiang Zhiqi immediately said, "That's not what I meant. I meant that if a wife is allowed to sue her husband, it means she is encouraged to sue her husband, which is not in line with the idea of moral principles."
Zhang Fei said: "I didn't say I would allow it!"
Jiang Zhiqi asked, "What do you mean?"
Zhang Fei said to the students, "I'll give you a chance to show your abilities. Who of you can explain this to Censor Jiang?"
Cai Bian stood up and said, "Censor Jiang, we are not discussing whether to punish or not, but what kind of punishment should be given and whether we should use punishment to solve such problems.
The criterion for judgment is whether such things will directly and seriously harm the interests of the monarch and the country. If so, punishment must be taken, but if not, the legitimate rights and interests of both parties will be protected according to the circumstances. "
Jiang Zhiqi asked: "How to maintain it?"
Cai Bian further explained: "If the husband beats his wife without reason, the wife's rights should be protected according to the law of the system."
Jiang Zhiqi snorted, "How to protect? Are you punishing your husband?"
Cai Bian said truthfully: "It depends on the situation. If the interests of the country and the monarch are not harmed, or the circumstances are relatively minor, there will be no punishment. The husband may just be given a verbal lesson or a warning. But if the wife is unreasonable, the same applies."
Jiang Zhiqi's face turned black.
Many ministers also looked unhappy.
Isn't this the same as taking off your pants to fart? You don't even punish me, which means it's allowed!
Both ends are still equal!
What we are asking for is inequality, not reason.
Understand
I understand! Don't worry. Zhang Fei suddenly asked, "What if the wife beats the husband? The situation is not that serious."
Cai Bian was stunned at that moment.
I feel that those censors are nothing compared to my teacher.
Zhang Fei clicked his tongue and said, "Don't be in a daze! It's still the same reasoning. First, consider whether it will harm the rights and interests of the country and the monarch."
Everyone shook their heads subconsciously.
"No?"
Zhang Fei rolled his eyes and said, "This wife has already beaten her husband. This is definitely against moral principles. How can it not harm the rights and interests of the country and the monarch? What are you thinking?"
Cai Bian said: "It is also against moral principles for a wife to sue her husband."
Zhang Fei sighed, "That's the government under the Legalist law. Didn't we mention this issue in the last class? Why are the people unwilling to go to the government? Because the only thing the government can give them is punishment and revenge. So if a wife sues her husband, it is an act of revenge, which is of course against the law."
But under the legal system, the government is meant to protect the rights of the people. The wife went there to seek protection, not to retaliate against her husband or hurt him. How could that be against moral principles?"
Yes! How could I forget this? Oh my... our brains... .
In this hot winter, all the students are sweating profusely!
This kind of situation never happened in previous classes. As long as the teacher explained something, I would remember it quickly and apply it freely. But when it comes to this class, I can't answer anything and still need the teacher to give me guidance.
If this is the explanation, everything makes sense and it does not violate moral principles.
If a husband beats his wife, the wife goes to the authorities to seek protection. Isn't this against moral principles
But on the other hand, if a wife beats her husband, this becomes against moral principles and is a punishable crime.
So there is still a difference, men are still superior to women, but there is an extra layer of protection.
Zhang Fei asked again: "If a wife beats her husband, how should she be punished according to the law?"
Ye Zuqia said: "Of course, they will punish him severely?"
Zhang Fei glanced around, "Are there any other answers?"
The students didn't dare to nod easily.
Seeing that the students did not dare to answer, Jiang Zhiqi felt sorry for them and asked, "Do you have any other answer?"
Zhang Fei ignored him and looked at the students. Seeing that no one spoke, he pointed at them and said, "You guys are really a group of legalists. You must remember that the law of the legal system is based on the concept of protection. If a wife beats her husband and the circumstances are not serious, the government must follow the husband's ideas.
Why? Because punishing the wife is also punishing the family. The husband is also a member of the family and may also be harmed. The government should protect the husband and uphold the moral principles, not hurt him. You must always remember to defend your legitimate rights and interests, and don’t always think about punishment, punishment, punishment.”
The ministers were all dumbfounded. You are really good at chatting, but after all this time, you are probably going to avoid punishment from the government.
Empress Dowager Cao's eyes lit up when she heard this, and she nodded repeatedly, saying, "This boy is really quite knowledgeable."
Zhao Xu smiled and said, "Otherwise, it wouldn't have attracted so many people to listen."
Queen Mother Cao nodded.
Zhang Fei continued: "Then we should be able to draw a conclusion now. Is there any contradiction between the law of the rule of law and the ethics of the code of conduct?"
The students first nodded, then shook their heads.
Fu Bi was also confused. You answered the question now
Zhang Fei sighed and said, "Is there one?"
Ye Zuqia said: "No... No."
In fact, he doesn't know at all, but if he does, you, Zhang San, will be finished.
Definitely not.
"of course not."
Zhang Fei said: "The case just now has been explained very clearly. The essence is still the contradiction between the law of the legal system and the law of the Legalists. So the second content of our class is to discuss the ethics of the principles under the law of the legal system."
"ah?"
The students opened their eyes wide.
Wang Anshi covered his face and laughed, "This kid is really a genius."