LRAB Chapter 355 Governing troubled times, use heavy codes?
Chapter 355 Governing troubled times, use heavy codes?
Chapter 355 Governing troubled times, use heavy codes?
Great!
Really careless!
Yan Fu and those old masters never thought that Zhang Fei would unite with those candidates and target them as soon as he came up.
An enemy of an enemy is an ally.
The point is that as far as Confucian ethics are concerned, they should not open their mouths casually in other people's classrooms.
They are also very helpless about this.
Fortunately, Zhao Xu just said try not to speak, not that they are not allowed to speak, if there is a chance, he can still say a few words, and at the same time he can still maintain his old master's demeanor.
They can only comfort themselves in this way.
Before Zhang Fei came here, he had actually planned to do this. It wasn't because he saw that black and white were clear, he made up his mind on the spur of the moment, and it wasn't because he was afraid of these old masters.
But for a lawyer, order is the most important thing. A debate without order is not a lawyer's bullshit.
Zhang Fei did this just to maintain order in the classroom, let's fight slowly.
That's why he didn't want to talk about this issue with Sima Guang, or even Xu Zun. This discussion would never be finished. Even in modern society, they are still discussing these issues.
Back on the podium, Zhang Fei flipped through the textbook he had prepared, "In the last class, we explained the original intention of the establishment of the Law Academy. Let's continue to explore the essence of jurisprudence."
"teacher!"
Suddenly, a person shouted softly.
Zhang Fei looked up, saw that it was Cai Bian, and asked, "What's the matter?"
With a respectful smile on his face, Cai Bian reminded softly, "Could it be that the teacher forgot that there is still a question that he didn't explain 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.
Forgot all my questions.
Cai Bian said, "It's the legalists' rejuvenation of the Qin Dynasty."
Ye Zuqi immediately echoed: "Yes, Xueshi Wang raised this question in class, but combined with what the teacher said at the time, it seems to be contradictory."
The rest of the students also nodded obediently.
Although they also came for revenge, they now know that they are still able to ask questions because this is their classroom, so they must abide by the classroom discipline, otherwise, those old masters will take advantage of it.
This "teacher" is really sweet.
Even if you say "NMLGB", you have to use honorifics.
Zhang Fei couldn't help but glanced at Wang Anshi, and then said: "Oh, this was proposed by Wang Xueshi. I will discuss it with him in private. We still have to focus on the curriculum."
course?
There are no textbooks, what courses are taught.
Wang Anshi opened his mouth, but he held back, thinking, this kid wants to do the same trick again.
Coincidentally, other people thought so too.
At that time, Wang Anshi had just raised this issue, and the class was over. Zhang Fei said that he would discuss this issue in the next class, which caused those students to study this issue.
Now Zhang Fei wants to change his mind again, just to set up another question, and catch them by surprise again.
How can Zhang Fei succeed if he eats a pit and gains a wisdom.
Cai Jing immediately said: "Teacher, this question is also related to the difference between the law of the legal system and the law of the Legalists. I haven't figured it out until now. I hope the teacher can solve the confusion in our hearts."
Seeing that the students were also aware of Zhang Fei's tricks, Wang Anshi couldn't help laughing to himself, you really look down on these students too much if you want to get away with it.
Zhang Fei glanced at them and saw that they were ready to move, so he closed his notebook, "Since none of you have figured out this question, that's fine, let's continue discussing this topic."
Then, he came to the edge of the podium again, leaned on the podium, folded his hands on his chest, "If I remember correctly, during the Spring and Autumn Period and the Warring States period, Legalism represented the most powerful and advanced thought, who used it?" Who will dominate the family. First Qi, Wei, Chu, and finally Qin. Qin used it best and most thoroughly, so Qin had the last laugh.”
Cai Bian immediately said: "Governing a troubled world requires heavy codes, and in the Warring States period, the chaos was even more chaotic, and heavy codes were used to govern the country, so Qin became stronger. But the teacher seems to disagree with this."
Zhang Fei smiled wryly and said, "Who told you that to govern a troubled world requires heavy codes."
Cai Bian replied, "It was mentioned in the Shangshu."
Zhang Fei said: "First of all, you need to understand that Qin State used the legalist method. Although it contains heavy codes, it was not used to rule the troubled times, because at that time Qin State was not in troubled times, and the troubled times were compared with the Zhou Dynasty at that time. The legalist law of Qin State is for strengthening the country.
Secondly, you said that heavy classics are used in troubled times, so please give me a successful example.The Han Dynasty ruled by doing nothing, and Emperor Taizong of Tang was a representative figure of prudent punishment and less punishment.
The Xingtong of the Song Dynasty in our dynasty was in the same line as the Law Shuyi of the Tang Dynasty. It only increased the punishment for thieves and robbers, but it didn't seem to have much effect. "
As soon as these words came out, the group of prime ministers behind all showed embarrassment.
The same is true.
It really seems to be useless, they can only comfort themselves, if they don't repeat the code, it may be even worse.
Zhao Xu and Fu Bi are looking forward to it.
This problem has always existed, but everyone has no good solution, do you have it?
He also heard Zhang Fei say: "In the age of warlords, it is of course possible to use heavy codes for marching and fighting, but it is absolutely impossible to use them to govern troubled times."
Cai Bian asked, "Why?"
Zhao Xu, Wang Anshi, Sima Guang and the others also looked at Zhang Fei very puzzled.
Because the debate about severe punishment and cautious punishment is also a topic of frequent debate within the ruling group of the Song Dynasty. Some people advocate severe punishment, while others advocate careful punishment and light punishment.
But it didn't say that Zhang Fei was so arbitrary, even if he advocated light punishment, he thought that he had to keep pace with the times, and he didn't oppose heavy punishment. It should be developed in the direction of prudent punishment and light punishment.
And if you want to negate the legalist law, severe punishment and strict law are also a main argument.
As long as you can't deny this point, the legalist law has the meaning of existence.
Zhang Fei said: "In troubled times, the corruption of the legal system will inevitably lead to thieves and bandits everywhere, and there are people who violate the law and discipline everywhere, but you have to understand that this is not what most people want, and they are forced to do nothing. If you want to rob someone, you have to be robbed by someone, that's why you took this path.
If everyone was born to be a thief, there would be no law of the rule of law. The concept of the law of the rule of law is a consensus to defend the legitimate rights and interests of individuals. It was not Li Kui's own wisdom. If everyone If you want to be a thief, then there will be no such consensus, let alone heavy codes.
Based on this, if you use heavy codes to govern the world, the people will think, I broke the law before, will you settle the old account?Moreover, once a bad habit becomes a habit, it will not be able to change for a while. This easy fishing may be a death sentence. Do you think he will surrender himself, or will he go up the mountain to become a thief?
This will lead to the situation of Qin State. Qin State's severe punishment and law are already at their peak.Then do you think that the law and order in Qin State is better, or the law and order in Zhenguan period is better? "
"Zhenguan period." Shangguan 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 Xuanwu Gate Change, which violates Confucian morality, Tang Taizong is the favorite emperor of Confucianism in later generations.
To set an example, you must first find a successful person, which is the most basic. Song Xianggong was also benevolent and righteous, but Confucianism seldom mentioned him.
Tang Taizong was not only strong in martial arts, but also strong in martial arts. After such an exaggeration, he was basically the perfect monarch in the hearts of Confucianism.
As for Li Jiancheng, Confucianism did not say that he should not care about it. Since the Tang Dynasty, Confucianism has insisted on the eldest son ascending the throne.
Because in the Tang Dynasty, the eldest son's accession to the throne has become a kind of counterattack, and Wu Zetian is a second daughter.
Of course they would not object to using Zhenguan to suppress the Qin Dynasty.
"exactly."
Zhang Fei said: "People are not sages and sages, and there is nothing wrong with them. What's more, some illegal acts are caused by natural disasters. Then you are facing a dead end. As far as human nature is concerned, as long as you have the opportunity, you will definitely fall into the grass. Death is worse than death." Lai is alive.
The harsh punishments and harsh laws of the Qin Dynasty soon led to bandits all over the mountain. From Qin Xiaogong to Qin Shihuang, the Qin people gradually understood a truth. First, never break the law. Second, as long as you break the law, you will immediately run away and become a robber. go. "
Cai Bian asked, "Can a light punishment cure a troubled world?"
"This is the only answer." Zhang Fei said with certainty.
Cai Bian was taken aback, and asked, "How do you say that?"
"Let me reiterate that the law of the rule of law is a consensus among 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 they are robbed, most people will go back to farming and will not become grassroots bandits. When good people become the majority, grassroots bandits will become weaker.”
"According to the teacher's wishes, the government should do nothing, and use Lao Tzu's inaction to govern."
"The mystery is here."
Zhang Fei said: "Just now I said that it is permissible to use heavy codes for marching and fighting, and since ancient times, the requirements for military discipline must be higher than that of ordinary people, this is common sense.
why?Because they have weapons, and his specialty is killing people. They are very powerful. Once the army makes a mess, the consequences will be unimaginable. I believe I have the most experience of this point. "
Many people nodded.
The Song Dynasty was established from the melee of warlords, and the control of generals was so strict that it was about to abolish martial arts.
Sima Guang saw that the situation was not right. Didn't everyone come to quarrel? Why do you all agree with what he said?
Is this just saying what they say, 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 ordinary people.
However, heavy codes are often accompanied by power, and they are meant to give officials great power and very little restraint. Is this putting the cart before the horse?
Just turn it upside down again. The key to governing troubled times has never been to govern the people with heavy codes, but to govern officials and restore the legal system, which still needs to be guided by the government. "
The old masters who were still nodding frequently woke up when they heard this.
Good guy!
After talking for a long time, it turns out that they want to deal with us heavily?
This son is really ambitious!
Ye Zuqia also seemed to feel the chill behind him, so he said: "According to the teacher, we should use heavy codes to govern officials."
Zhang Fei said: "I just finished saying this, you don't have a long memory, the people are like this, and the officials are even more like this? If this is a strict rule of law, and the officials are greedy for a penny, then you can't kill everyone in the village. very scary.
Many laws and regulations in 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 are engaged in justice in the future, you must pay attention to this problem. "
Shangguan Jun immediately said: "In the final analysis, it still depends on the ability and character of the officials, not the law of the system. This requires relying on the laws of Confucianism. Only officials with good moral character can govern the troubled times."
The old masters smiled again. If this son is not the number one scholar, he is really blind.
To govern officials, virtue must be used, but heavy codes cannot be used.
Zhang Fei came to the wooden board that had been prepared for him, and wrote a sentence with charcoal pen, which was the ancestral method of the Great Song Dynasty, "Things should be prevented, and music should be controlled."
This time he tapped on the wooden board lightly, "Is there any hint of morality in the way of my ancestors?"
Countless murderous gazes shot from the white hair.
Originally, it was there, but your boy made something bad.
The previous ancestral laws were full of benevolence and righteousness. They also included some policies of Taizu Taizong, all of which were traditional Confucian policies.
In a lawsuit, this ancestral law has become a sentence.
Mention this matter, they hate it!
Zhang Fei said again: "I just said that the constraints on the military and officials must be higher than those on ordinary people. But is morality a kind of constraint? No! It's a kind of self-cultivation, otherwise, there will be no Laws are needed, and the rule of virtue can handle everything. Although this is not putting the cart before the horse, the rule of virtue can still play a supporting role, but it is not a constraint after all.
The law of our ancestors actually includes the law of governing officials, which checks and balances each other, but how to check and balance, remember, this is the key, and it must be based on the law of the legal system.
It is true that people enforce the law, but it must be ensured that those who enforce the law are also supervised by the law. "
Shangguan Jun retorted: "But in the end, the law is dead, but people are alive. It is impossible for the law to take the initiative to supervise the people who enforce the law. People still need to supervise."
"That's a good question. This is my major."
Zhang Fei smiled and said, "That's Litigation. Why do people always talk about abolishing Litigation? It's very simple. The common people don't understand the law, but Er Bi understands the law.
Litigation is actually the combination of the law of our ancestors and the law of the legal system.One of the meanings of "preventing everything and making it happen" is that when designing a system, careful and rigorous consideration must be given.
The method of decentralization is used in the court, but how is it used in the civil society?The best method is the law of the rule of law to safeguard 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 no interest relationship with the superior, but it has a close relationship with the victim.
Confucian law and legalist law both require superiors to manage subordinates, while the legal system is to pursue the right of the people to litigate. You say that method is more likely to avoid unjust cases. "
The rule of law and the rule of man have never been opposed, but relative. The stronger the rule of law, the weaker the rule of man. Conversely, 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.
The greater the power of individuals to defend their legitimate rights and interests, the more the society tends to rule by law, and vice versa, it tends to rule by man.
Shangguan Jun said: "But to appeal is to go to the superior."
Zhang Fei said: "You don't care about the superior or the superior, you answer first, which method is more likely to avoid unjust cases."
Cai Jingdao: "Of course it is the law of the rule of law, so our court allows the people to sue the government."
As expected of a treacherous minister, he can speak.Zhang Fei nodded with a smile and said, "That's the truth. As for going to the superiors to sue, you have to understand that if you don't sue, you don't have much responsibility with the superiors, and you may be fooled by the officials below.
But if you sue, he is responsible, and it is the main responsibility. Of course, he may bend the law for personal gain, but there is no best way in this world, only relatively good ones. "
Ye Zuqia suddenly said: "People who have grievances can appeal, which is a matter of course, but I think it is still debatable whether to use Erbi to file a lawsuit.
Because Erbi's lawsuits are not for fairness and justice, but for profit. Increasing the consumption of the government, especially when it is in financial difficulty, will cause a lot of injustice and put the cart before the horse. "
"well said!"
Zhang Fei nodded with a smile: "This is the main reason why the Legalists were able to unify Qin with the six countries, but I let everyone take warning."
(End of this chapter)