This class is getting more and more frightening.
In fact, when Zhang Fei first preached the Legalist method, these scholar-bureaucrats were very happy. When Zhang Fei said the Legalist method, it was not a law at all. He almost negated the Legalist method based on legal principles.
So well said.
So true.
In fact, during the Northern Song Dynasty, Confucianism had not yet completely unified the world. Wang Anshi's reform was actually an impact of Legalism on Confucianism. Although Wang Anshi was not a pure Legalist thought, he represented a new academic thought. His The New Deal also contains some Confucian ideas, but its methods are obviously more Legalist.
He is not afraid of changes in nature, his ancestors are not law-abiding, and people's words are not compassionate. This is a fundamental contradiction with traditional Confucianism, but it is quite consistent with Legalism.
This is why many upright ministers opposed Wang Anshi's reform.
this is too scary.
As Zhang Fei said, as long as the Legalist method is adopted, power must be concentrated.
However, after two generations of Zhenzong and Renzong, the idea of emperors and scholar-bureaucrats co-ruling the world has become deeply rooted in the hearts of the people.
If the emperor suddenly wants to centralize power again, of course the ministers will object.
But as he was talking, Zhang Fei suddenly changed the topic and talked about Confucian methods.
The most critical thing is that Zhang Fei did not describe Confucianism as the optimal solution.
You can say that Confucian law has flaws, but you cannot say that Confucian law is not the optimal solution.
Therefore, the scholar-bureaucrats began to become restless.
However, Zhang Fei slapped him back with just one sentence.
In fact, there are many explanations for "punishment cannot punish scholar-officials", and they can be explained very beautifully. For example, scholars can be killed but not humiliated. This does not mean that scholar-officials cannot be punished. This is also a special skill of Confucian culture.
Many words seem to be wise words, but when they are actually implemented, it is another matter.
With the talents of these scholar-bureaucrats, he could come up with a hundred reasons to render Zhang Fei speechless.
However, these scholar-bureaucrats still wanted to secure this privilege, so they were unwilling to argue with Zhang Fei on this issue.
It's a pity that Zhao Xu was unmoved.
Academic argument is harmless.
The scholar-bureaucrats were also guessing what Zhao Xu was planning.
The atmosphere in the classroom suddenly became very strange.
Everyone has their own agenda.
Zhang Fei said: "Actually, it is incorrect and unfair to compare Confucian law with legal law."
What to do?
Do you want to go back and find it?
late.
The scholar-bureaucrats didn't buy it, they were really vicious.
That sentence is not enough to punish a doctor, but offends too many people.
The students didn't buy it either, and Shangguan Jun said scornfully: "Are you afraid?"
I have to say, this was a bit too blunt.
"There is no need to be afraid of speaking academically."
Zhang Fei smiled and said: "Academic theory pays attention to rigor. Didn't I just emphasize again and again that the legalist method and the legal method are not the same thing?"
Some students nodded slightly.
This issue was discussed at the beginning.
Zhang Fei said: "Then I explained that Confucian law and Legalist law are essentially the same. In other words, Confucian law and legalistic law are not the same thing. Since they are not the same kind of thing, how can we put it aside? There is no point in comparing humans with dogs."
These words were indeed spoken by Zhang Fei, but this confused everyone again.
Cai Bian asked: "If that's the case, then what are you comparing again?"
Zhang Fei immediately said: "I didn't compare the two, it was you who compared them. You almost misled me and caused quite a misunderstanding. You guys are either stupid or bad."
".!"
Cai Bian and others were dumbfounded. It was obviously you who said that if you make the scholar-bureaucrats unhappy, they will be our fault. This is too shameless of you.
"Why are you looking at me like that?"
Zhang Fei said: "How did I say it just now? I said that the Confucian method is more legalistic, right or wrong?"
"Isn't this an analogy?" Cai Bian asked.
Zhang Fei asked: "Is this an analogy?"
".!"
Cai Bian thought about it carefully, and it seemed that it really wasn't the case.
Zhang Fei returned to the board again, "If you really can't understand, you can understand that legal law is the end point, and Confucian law and Legalist law 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 smiled and asked: "If the emperor breaks the law and the common people are equally guilty, does the old gentleman think this is right or wrong?"
As soon as these words came out, the whole place was silent.
Even the students who were not afraid of tigers as newborn calves could not help but remain silent.
This time they finally understood.
That great weirdo Xu Zun was also trembling at the moment. He was not a good father-in-law!
But except for him, the other scholar-bureaucrats acted very calmly and secretly glanced at Zhao Xu, somewhat gloating about his misfortune.
I asked you to stop him, but you didn’t stop him. Now, he’s coming directly to you.
You really deserve it!
Zhao Xu did not show anger. Instead, he smiled and asked Zhang Fei: "The emperor breaks the law and the common people are equally guilty. Do you think this is right or wrong?"
Only he dared to say this at this time.
"Of course you are right." Zhang Fei replied.
Zhao Xu said, "I would like to hear the details."
Zhang Fei said: "Actually, Mencius has made this point clear. Those who have attained the Dao will get many help, while those who have lost the Dao will have little help. What is 'Dao'? Isn't it the consensus of the people to defend their legitimate rights and interests? This is the law of the law."
Can it still be explained this way?
Sima Guang, Wen Yanbo and other great scholars could not help but fall into deep thought again.
It seemed to make sense, but it was somewhat different from their previous understanding.
Zhao Xu asked again: "If it is right, then why has no one been able to do it since ancient times?"
"Because it's hard."
Zhang Fei said, then looked at Ye Zuqia and said: "Before, he said that as long as you abide by the laws of the law, you can govern the world. I said that he is more powerful than the saint, because the saint can only be afraid of this. We can get a glimpse of this in the competition between Confucian law and Legalist law."
Everyone looked at Zhang Fei expectantly.
When it comes to the legal system, they are 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 board and said, "When it comes to competition, there must be a standard. Then we will use the legal system as the standard to discuss the dispute between Confucian law and Legalist law.
Now we know the result. It was Confucianism that defeated Legalism. Legalism only shined in the Qin Dynasty, but after the second generation, there was no system like the Qin Dynasty.
We have just mentioned the reason why the Qin Dynasty died after two generations. It is that Legalist law completely replaced the legal system. Every law of the Qin Dynasty was to protect the interests of the monarch and had no personal rights. legitimate rights and interests, thus violating the consensus of everyone and becoming a lawless country.
Therefore, the Qin Dynasty only appeared to be united, but in fact the monarchs and the people had already been alienated from each other, and they were bound to perish quickly. So. Has Confucian law replaced legal law? "
".!"
The students responded with silence.
"Do you have?"
Zhang Fei asked again.
Fu Bi suddenly replied: "No!"
Zhang Fei immediately asked: "Why?"
Fu Bi replied: "Because most Confucian laws are not laws, but rituals."
"correct."
Zhang Fei nodded. Unexpectedly, the old man's thinking was faster than that of the young man. He looked at the group of dissatisfied students and said, "You must remember one thing. The legalist method has completely replaced the legal method, because Every law in Legalist law is mandatory and coercive, which is precisely the characteristic of legal law, so the relationship between the two is superseding.
Most of the time, Confucian law is educational rather than coercive. Although many morally corrupt people in the world are ostracized and despised, they will not be punished with criminal punishment. The legal system still plays some role in safeguarding the legitimate rights and interests of individuals.
Comparing the two, it is obvious that Confucian law is superior, because Confucian law is closer to legal law, and virtue and law also have many things in common. "
After these words, everyone was enlightened.
The dispute between Confucianism and Legalism has lasted for thousands of years.
Although Confucianism is now strong, in the end Wen is not the first, and from an academic perspective, no result has been achieved.
One reason is that there is no standard.
Now Zhang Fei puts the legal system in the middle as a standard. From this comparison, we know that Confucian law is definitely higher than Legalist law.
The victory of Confucianism is inevitable.
Shangguan Jun said: "Isn't this wonderful?"
"That's good!"
Zhang Fei said: "I have never said that Confucian law is not good. At present, Confucian law is actually the optimal solution. You think I am saying that Confucian law is not good."
".!"
A group of scholar-bureaucrats stroked their beards and looked at each other.
They were excited just now because Zhang Fei emphasized that the legal method is better than the Confucian method. It is a dispute between the two methods. Of course they are anxious. Now that Zhang Fei regards the legal method as a standard, there is no distinction between high and low.
But there seems to be a distinction between high and low.
Tangled ah!
Zhao Xu suddenly said: "But in the end, Confucian law is only close to the rule of law, but it has not achieved the rule of law."
"Yes."
Zhang Fei nodded.
Zhao Xu asked again: "Since there is a better way to govern, why not do it?"
Sima Guang and Xu Zun couldn't help but tremble.
This problem is fatal!
The emperor asked this, but it didn't mean that he thought 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 having said that, the Song Dynasty was already quite good. After all, there was still the idea of the emperor and scholar-bureaucrats co-ruling the world.
Regardless of whether the scholar-bureaucrat is good or bad, it is still better than one person having the final say.
"That's why."
Zhang Fei pointed to the bottom of the board and said.
Zhao Xu looked at it intently and said in surprise: "The law of law."
Everyone was also stunned. Isn't it a standard? How could the problem arise with it.
"That's right!" Zhang Fei nodded and suddenly asked: "I dare to ask the officials, should we have a country first and then a family, or should we have a family first and then a country?"
".!"
Zhao Xu was startled and thought for a while, but still had no answer. He couldn't help but look at the group of ministers around him, but everyone was silent and avoided his gaze, so he asked Zhang Fei again: "You Do you think it comes first to have a country or a family?"
Zhang Fei said: "I think if there is a priority, then this problem can be easily solved, but the problem is that the two coexist and cannot be distinguished.
And I have said before that whether it is Legalist law or Confucian law, they are the methods for monarchs and ministers to govern the country. They are for the interests of the country and represent the interests of the monarch. The legal system is to defend the legitimate rights and interests of individuals. , for personal gain.
The two are me in you and you in me, 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 there is less taxation, the country will perish, but sometimes if there is too much taxation, the country will perish as well. "
When it comes to taxation, everyone is suddenly enlightened and understands it instantly.
So that’s what happened.
Zhang Fei continued: "Nowadays, Confucian law dominates, and the legal system supplements it. Once there is a dispute between national interests and personal interests, the problem will focus on the monarch and the ministers, and they will discuss who should give in to whom.
If you meet a wise king, you can handle this problem and the country will be strong and strong. But once you meet a foolish king, it will be completely over. Tang Xuanzong is the most typical representative.
If the rule of law dominates, then you can stick to this bottom line. If you meet a wise king, you can soar to the sky. But even if you meet a faint king, the country will not be destroyed immediately, and you can leave a lot of room for maneuver. "
Zhao Xu couldn't help but said: "With this comparison, it is obvious that the legal system is better."
Zhang Fei nodded and said: "Theoretically, this is correct, but the Confucian law can make concessions to the legal system, and the monarch can easily solve some problems by doing little corvee and small gifts. But the legal system is very difficult. We have to give in to Confucian law because the legal system is a consensus to protect individual rights and interests, not a single person's final say.
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 jade and the stone may be destroyed, and the country will be destroyed and the family destroyed. "
Zhao Xu was confused again, "In this case, it is impossible to achieve this legal method."
"It's possible, but it's difficult." Zhang Fei said: "Actually, there was almost no hope before our government, but it is possible for our government to achieve it."
Zhao Xu hurriedly asked: "How do you say this?"
Zhang Fei said: "It is the ancestral law of our dynasty, which is to prevent things and control them. As long as the legal system can meet the requirements of the ancestral law, it can basically be realized."
Everyone couldn't help but straighten their waists slightly, showing a trace of pride.
Zhao Xu was also surprised and said, "Really?"
Doesn’t the ancestral law maintain the imperial power?
Zhang Fei nodded: "Prevent things and control them. This is a very high standard, because there is a preventive idea in it, which means that you must consider everything carefully first. Then apply it to the legal system , you have to imagine what regulations can be activated to make special responses when encountering any difficulties, including when encountering new problems, what regulations can be activated, and additional regulations can be added.
The Confucian method is to find ways to solve problems after encountering them, while the legal method is to consider these problems clearly beforehand, and has very high requirements for every law.
Today's legal system cannot solve these problems at all. If we let the legal system dominate now, it will definitely be over, because this requires many geniuses to continuously improve, of course. "
Zhang Fei glanced at the faces of the students, "I'm not referring to these self-righteous but stupid guys. But anyway, this is why we study law."
(End of chapter)
