Northern Song Dynasty Justice

Chapter 347 The Dispute Between the Two Laws

Chapter 347 The Controversy Between the Two Laws

Throw the charcoal pencil, flash!

Zhang Fei's gorgeous turn caught everyone present off guard.

From Zhao Xu's point of view, this class seems to have just begun.

The saying that Qin has no laws is really too novel.

As soon as I heard a little smell, why did you leave.

"Hey!"

Zhao Xu couldn't help raising his hand, trying to stop Zhang Fei, but in the end he let it go because of the emperor's dignity.

But Sima Guang didn't hold back, he blocked the door with a livid face.

"what are you doing?"

"Scholar Sima, this class is really not suitable for me. They don't even understand some basic legal knowledge. The key point. I don't know the key point. I can only teach some students who have some basic knowledge, and then share my experience."

Zhang Fei complained with a depressed face.

Is this common sense?I don't understand either!Sima Guang glanced at Zhang Fei, "There are so many people watching, no matter what, you must finish this class."

After finishing speaking, he whispered again: "It's almost enough, the official family is still here."

He didn't know what Zhang Fei was doing.

revenge!

This kid looks magnanimous on the surface, and his words are very nice, but in fact, his heart is very small. He really must take revenge!

There are so many people blocking the door, all prime ministers, how did he get away? He just wanted to deliberately humiliate those students.

It is to treat the body of the person according to the way of the person.

Zhang Fei nodded aggrievedly and said: "Okay, I will finish this lesson first, but I will change a group of students in the future, it really won't help me."

Sima Guang kept silent, just looked at him with frowns.

Zhang Fei turned back to the podium in embarrassment, his eyes swept over and over the faces of this group of students, and suddenly he let out a long sigh.

Ye Zuqia, Shangguan Jun, Cai Jing, Cai Bian and others have never received such contempt.

Uncomfortable!

want to cry!

Ye Zu couldn't stand it anymore, he stood up and said: "You purposely made this legalist unclear, in order to humiliate us, and to be a teacher in vain."

The rest nodded.

"Unclear?"

Zhang Fei was stunned, and said in surprise: "No way. Haven't you understood it yet?"

"I."

Ye Zuqia opened his mouth slightly, and his fair face slowly turned red.

Are we really that stupid?

Is it really that simple?

Let me think about it first.

Not only him, many people have this idea.

Zhao Xu asked Wang Anshi in a low voice, "Sir, you understand."

Wang Anshi slightly shook his head with a hint of embarrassment.

Zhao Xu breathed a sigh of relief, it's okay, it's okay, it's not that I'm too stupid.

Cai Bian said: "Forgive me for being stupid and not understanding. I hope the teacher can solve our confusion."

But the tone was very aggressive, as if implying that you have the ability, you understand it!

They all felt that the fault was not theirs, but Zhang Fei's. Zhang Fei couldn't explain clearly.

"Okay! I'll explain it clearly to you, alas. Just treat it as a long time, otherwise, how can I pass this class!"

Zhang Fei shook his head helplessly, leaned on the podium, and asked Cai Bian, "Who told you that you can't go to other people's houses to steal things?"

Cai Bian was taken aback, "I am my parents."

Zhang Fei asked again: "Who told you not to fight with others?"

Cai Bian said, "My parents."

Zhang Fei continued to ask: "Who told you that you can't steal other people's things?"

"My parents." Cai Bian said.

Zhang Fei was stunned, "Why are you taught by your parents, are your parents saints?"

His parents are also my parents!As the eldest brother, Cai Jing couldn't sit still. He thought that Zhang Fei was deliberately humiliating his parents, and immediately said: "This is common sense, what does it have to do with whether our parents are saints or not?"

"Correct!"

Zhang Fei pointed to Cai Jing, "This is common sense, to be precise, it is a kind of common sense and consensus formed when we live in this world.

This was not taught by Confucius, not by Mencius, and it was not conceived by Li Kui, Shang Yang, and Han Feizi with their own wisdom.

A villager who can't read big characters knows that it is wrong to cheat. "

Having said that, he snapped his fingers, "This is the law of the rule of law. This law is born from our consensus, common sense, and why this consensus arises stems from our protection of self-interest. Therefore, the law of the rule of law is also It must be to defend the legitimate rights and interests of everyone."

As soon as these words came out, everyone felt a sense of enlightenment.

Fighting and stealing are written in the "Fa Jing", but they were not thought up by Li Kui. They have always existed, and they have existed before the name of law.

This is self-preservation, which is a very personal matter, but this need forms a broad consensus, and thus the law is formed.

Li Kui just classifies and perfects.

It's not that he first felt that stealing was bad, and then told other people that stealing was bad, and then he was slowly accepted by others.

"I see."

Zhao Xu nodded slightly, and whispered again: "This explanation is really ingenious!"

Lu Gong said doubtfully: "But will there be suspicion of overgeneralization?"

Fu Bi couldn't help but said, "It depends on how he explains Legalism."

Lu Gong suddenly seemed a little embarrassed.

His generalization did not separate Legalism from the legal system.

A look of embarrassment gradually appeared on Cai Bian's face.

"Then here comes the problem."

Zhang Fei suddenly asked: "Is Shang Yang's Grass Cultivation Order considered common sense, or the consensus of the people?"

A group of students shook their heads.

Zhang Fei said, "How about Shi Wulian sitting?"

A group of students continued to shake their heads, but the atmosphere was not happy at all.

Zhang Fei said: "This decree and law, is it a law?"

".!"

Doesn't it count?

Does it count?

As far as their common sense is concerned, this is of course legal.

But at this moment, no one dares to answer this simple question.

"Ugh!"

Zhang Fei sighed again.

I don't know why, but now that he sighed, the hearts of these students all tugged.

Find seams everywhere.

Zhang Fei said: "There's a saying that says, what's the point of death!"

"Politics!"

replied a little witty ghost.

"Yes! People die and the government rests."

Zhang Fei nodded, "But this word is often used for something."

"Reform and reform."

"good."

Zhang Fei nodded again, "At first it was a reform, but in the end it was a political resignation. Why? It's because the decrees issued by Shang Yang, more precisely, are government decrees, not laws."

As he said, he picked up the charcoal pencil and came to the board, "Unless there are some very special cases, most of the time, we can distinguish the law of the legal system from the law of the Legalists. The law of the legal system comes from people's understanding of The protection of legitimate rights and interests, or a kind of common sense, can even be said to be a kind of widespread demand.”

As he spoke, he drew an arrow symbol from bottom to top.

On the right side, I drew an arrow symbol from top to bottom, and said while drawing: "The legalist law is a set of methods used by the monarch and ministers to govern this country. You should always distinguish between common sense and methods." ?”

".!"

No one answered.

But this time it's not arrogance, but embarrassment.

Zhang Fei said weakly: "Are you all dumb? Can you give me some response?"

Ye Zuqia asked suddenly: "If it is stated in the "Song Xingtong" that robbery is legal, does this count as the law?"

Everyone's eyes lit up, this is a good question.

The legality of robbery is obviously contrary to Zhang Fei's generalization of the law of the legal system, but it is written on the Song Xingtong, which is the legal text.

Isn't this the law?

Zhang Fei asked back: "What do you think?"

Ye Zuqia said: "This has already been written on Song Xingtong, of course it counts!"

Zhang Fei looked at the others again, "Do you all think so?"

Everyone looked at each other and nodded slightly.

Although they can't figure it out, at least they should unite.

Zhang Fei said: "Let me ask you, if robbery is to be legal, how should it be stipulated in Song Xingtong?"

"Just write it down," Ye Zuqia said.

Zhang Fei asked, "What about the crime of robbery?"

Ye Zuqia said: "Just erase it directly."

Zhang Fei said: "Erasing this crime, wouldn't the robbery be legal? Does it need to be written down?"

".!"

Ye Zucha was a little dizzy, and said, "It's fine if you don't write it down."

Zhang Fei asked: "Then if all the crimes above Song Xingtong are erased, such as stealing, abducting, beating, smashing and looting, all of them will be legal. Do you think this is the law?"

Ye Zuqia blinked.

Zhang Fei said: "How did my emperor Taizong describe the laws of the war-torn period?"

"Gangji is corrupt and lawless."

"correct."

Zhang Fei said: "robbery is legal, there is no need to stipulate it, because as long as the state of lawlessness is reached, it is enough to talk about the law in the state of lawlessness. Isn't this taking off your pants and farting? Now let me ask you in turn, if the court stipulates, you will starve to death At that time, in order to survive, I went to grab a bun to eat, and the court will not hold you accountable. Is this the law of the legal system or the legalist law?"

Ye Zuqia thought for a while, "Follow the law of legalists."

"Ok?"

"The rule of law?"

"Ok?"

"Students don't know."

Ye Zu was completely dizzy, he felt like a fool at this moment.

Zhang Fei didn't know whether to laugh or cry, and said again: "First of all, this should belong to the Confucian law, and the Legalists would not stipulate it like this. Secondly, it depends on what government promulgated it. If it is an official amnesty order, and it is written In the discussion, it is the law of the rule of law, because in this regulation, it has many prerequisites. Based on these conditions, this is actually a kind of self-protection awareness, and it is also a kind of common sense. After all, human life is at stake. If the steamed stuffed bun is gone, you can still make it again, but if the person dies, it will really be gone.

Of course, if it is really necessary to legislate on this, it will be very complicated, because there are many judgments in it, and it is very difficult to obtain evidence, so it is unlikely that the court will do this, and this is one of the reasons why we study jurisprudence.

But if the Zhengshitang promulgates this decree only for a specific region, or for a specific period of time, then it is the legalist law. "

Shangguan Jun suddenly asked: "If the law of the Legalists meets the law of the legal system, who should come first?"

Everyone was startled.

This question makes many people ponder.

Zhang Fei didn't answer but asked instead: "If the Zhengshitang promulgated in Tokyo the rule that robbery is not illegal if you are about to starve to death, and you are a judicial official, how would you judge this case?"

Shangguan frowned and pondered for a while, then said: "I probably won't pursue his responsibility."

Zhang Fei said: "What about the robbed?"

Shangguan Jun said: "I will compensate him in the name of the government."

Zhang Fei said: "But the Zhengshitang has not stipulated that compensation must be made."

Shangguan Jun said: "But if this is the case, no one will dare to sell buns on the street from now on."

Zhang Fei nodded with a smile: "Not pursuing its responsibility means that responsibility exists. Compensating the victims' losses is a transfer of responsibility. The reason for all this is the legal system. Money, murder for life, is justified. Then do you think the law of the Legalists is the greatest, or the law of the legal system?"

Shangguan Jun said: "The rule of law is great."

Zhang Fei immediately rolled his eyes: "You can answer this wrong, of course it is the great law of the Legalists! Hey, hello!"

Shangguan Jun immediately had a question mark on his face.

I follow your words, is this all wrong?

Are you kidding me?

"Actually, this example has nothing to do with this question. In any case, it is the law of the Legalists. How could it be the law of the legal system?"

Zhang Fei said with a smile: "If the rule of law is great, how did those tyrants and corrupt officials appear? This is common sense, okay? Anyone who has read history books knows it."

As soon as these words came out, there was complete silence inside and outside the classroom.

The hands of many scholar-bureaucrats were trembling slightly.

tyrant?Faint king?Corrupt officials?

Who is this scolding?

Can this be said?

Ever since, everyone looked at Zhao Xu.

(End of this chapter)