Judge of the Song Dynasty Chapter 387: Dr. Zhang
Hoo....
When Empress Dowager Cao and Zhao Xu left, all the ministers present breathed a sigh of relief.
It's not that the conversation was a little real. In fact, the Song Dynasty was okay, because the literati were relatively strong, and there was nothing to talk about. Fan Zhongyan and Wang Anshi were even more explicit.
It’s just that the ideas of Fan Zhongyan and Wang Anshi have existed since ancient times. Although Wang Anshi’s ideas are somewhat advanced, they still inherit most of Sang Hongyang’s ideas. What is the purpose of their own interests, and how will their own interests change.
However, although they understand the law of the rule of law, they can't understand it thoroughly for a while. This is the reason. Even the scholar-bureaucrats like them are extremely lacking in personal awareness and only have the thought of family and country.
This is true even for the most selfish person.
Because selfishness is a matter of character, while personal rights are an idea.
Not the same thing.
There are pros and cons to this.
Looking up, Zhang Fei was no longer there, and those students were discussing fiercely around the board as before.
They left the hall quietly, but when they got out of the hall, some ministers surrounded Wen Yanbo, Sima Guang and the others.
"This must never be attempted, not to mention whether Zhang San's words make sense, but this method will definitely overturn the current system of etiquette and law. If there is a mistake, there will be endless disasters!"
"I also think this sounds weird."
"Etiquette is the foundation of law, but according to what Zhang San said, this ritual and law must be separated, and the ritual is only used as a reference, which must not work."
......
They said you and me, and the tone was full of worry.
Although they don't understand it thoroughly, they have a concept, and they understand it very clearly.
It means that personal rights are used as the principle of incrimination, and morality is used as the reference basis for incrimination. In other words, violating etiquette is not necessarily illegal.
Li has become a dogma that is not mandatory. From this point of view, it is obviously to weaken the ritual system.
Of course these old masters don't want to see them.
Wen Yanbo and Sima Guang looked around.
Where is Fu Bi?
About this concept, Fu Bi knew better than them, but after searching for a while, he did not see Fu Bi.
Sima Guang winked at Wen Yanbo, as if to say, here are all old men, about your age, and I'm just a junior, so let's talk about it.
Wen Yanbo glanced at Sima Guang unhappily, then pondered for a while, and said: "Although this is the case, the current court is mainly talking about benefits, not etiquette."
When everyone heard this, they couldn't help but looked at each other again.
Although Wen Yanbo spoke very euphemistically, he was referring to Wang Anshi's New Deal.
Li can bring them benefits, but can they protect their interests?
This is a relative relationship.
When facing the emperor, ritual cannot protect him, because the emperor is the biggest.
But then again, apart from the emperor, they are at an advantage.
As far as current affairs are concerned, the New Deal is what they are most afraid of at present.
Defending the legitimate rights and interests of individuals is not a bad thing for those with vested interests.
Wen Yanbo said again: "So, I think you can try it, but you have to see how the etiquette is combined in the end. If the etiquette is above the law, it is not impossible, but you must be cautious. If the official is easy If we make a decision, we will naturally not agree."
When he said this, those people nodded again.
If we can protect our rights and interests from being easily taken away by the emperor, and at the same time maintain ethics, then it is feasible.
In fact, Wen Yanbo is not very supportive, but Fu Bi is very supportive, so he still believes in Fu Bi.
At this time, Fu Bi was rushing to the side door.
I saw Zhang Fei and Xu Zhiqian standing at the side door with Fu Bi's book boy. It turned out that Fu Bi ordered the book boy to chase after Zhang Fei, and asked Zhang Fei to wait for a while, after all, he was not very agile.
"Sorry to keep you waiting."
When he came to the side door, Fu Bi repeatedly bowed his hands to Zhang Fei.
Xu Zhiqian hastened to salute, Fu Bi can be regarded as a grandfather.
Zhang Fei also said with trepidation: "Don't dare, dare not, I don't know what advice Fu Gong has?"
Fu Bi laughed and said, "It's Lao Zhu who wants to ask you for advice. There are still two questions that Lao Zhu has not figured out."
Xu Zhiqian is used to this. After Zhang Fei's class, his father wanted to rely on his relationship to get some content out.
Zhang Fei hurriedly said: "Fu Gong, please tell me."
Fu Bi said: "First of all, if virtue dominates the law and supplements the law, it will inevitably increase the work of the government, which will cost a lot of money. How to solve this? Secondly, the punishment can be changed, patriarchal and family laws, how to deal with this? "
According to the current law, it is generally impossible for a wife to sue the government, but if it is revised, the number of lawsuits in this area will inevitably increase, and the work of the government will also increase. It can't support it at all.
If you say it well, if you can't do it, it's useless.
In addition, the real etiquette lies in the patriarchal and clan laws of the village.
Since the imperial power does not come down to the county, how this village is managed is that the squires manage it with the help of etiquette, and the patriarchal and clan laws are all extensions of Confucian etiquette.
This is the reason why Confucianism is deeply rooted. You can change the laws of the country, but you cannot change the laws of the country, not even the emperor.
In fact, Fu Bi was also aware of the contradiction between the two before, but he also knew why Zhang Fei kept using the legalist law as an example, and he didn't want to cause the contradiction between the legal system and the Confucian law.
But it does not hinder the revision of the law. At that time, Fu Bi wanted to divide the law into two first, and make some laws and regulations focus on protecting interests instead of ending with punishment.
Unfortunately, in the end, it was not perfunctory. In this class, Zhang Fei thoroughly explained the relationship between the law of the legal system and the law of Confucianism, which naturally extended to new problems.
Zhang Fei did not answer and asked instead: "The rich man knows why our dynasty wants to revise the law of relatives and neighbors and the law of inheritance."
Fu Bi immediately said: "This is because our government does not suppress business and mergers, which leads to the prosperity of towns and cities. Many people are far away from their hometowns and relatives. As a result, the original laws of relatives and neighbors and inheritance laws are not applicable."
The Law of Relatives and Neighbors mainly involves the sale and purchase of houses and fields. According to the law, the first step is to ask relatives whether they can buy them or not. Buy it, the cost is too high.
The same is true of the inheritance law. If a businessman dies in another country, how will he inherit the property around him?
After finishing speaking, Fu Bi suddenly came to his senses and asked, "You mean, the law of the rule of law is only implemented in towns?"
Zhang Fei nodded: "Because people in this country generally clean their doors, and there are relatively few conflicts of interest between them, and they live in very scattered places, and the cost of setting up justice is very high, but they can The benefits obtained are very small.
If the imperial court wants to do this, I suggest that it should only be set up in large towns with prosperous commerce. As for the villages, their patriarchal and rural laws should be maintained, and the judiciary will only intervene in some major events in the villages. "
Law and economy are closely related, and the rule of law is of great help to business, but under the small peasant economy, it really has little effect, the key cost is too high, and the finances cannot afford it at all.
Fu Bi nodded: "It is feasible."
Zhang Fei clasped his hands and said, "Does Fu Gong have any other questions?"
Fu Bi was taken aback, and hurriedly said, "No more, thank you for your advice."
"Don't dare!"
Zhang Fei said again: "If there is nothing else, then I will leave first."
Fu Bi nodded slightly.
Getting into the carriage, Xu Zhiqian finally couldn't hold back his excitement, "It seems that the officials, the queen mother, and the rich man all support your legal system, maybe the imperial court may really amend it."
Zhang Fei smiled and said: "This is not an easy task. It involves all aspects. Don't have too much hope, lest you will be disappointed when the time comes."
This is easy to say, but it is very difficult to do, and it must be a very long process.
"That's true." Xu Zhiqian nodded, and suddenly remembered something, "But there is a question, I also want to ask you."
Zhang Fei asked: "What's the problem?"
Xu Zhiqian said: "It's your yin and yang diagram, which can only be spilled from the husband to the wife. Where did this convention come from?"
Zhang Fei glanced at her, "Xu Quanquan?"
Xu Zhiqian asked curiously, "What Xu Quanquan?"
"No...it's nothing..." Zhang Fei hesitated for a moment, then said: "Actually, this is the principle of the cycle of heaven and earth, and I can only explain it to you after we get married."
What is the relationship between the two? Xu Zhiqian was even more curious: "Why?"
"Because...."
Zhang Fei said: "It's hard to explain this. I will personally operate it with you, and you will immediately understand why the husband can only overflow to the wife, and the wife can never overflow to the husband."
Xu Zhiqian asked eagerly, "Is it not possible to operate now?"
"Now...."
Zhang Fei looked around, "It's not impossible, but it's not easy to operate here."
"Not easy to operate?"
The more Xu Zhiqian listened, the more lost she became.
Zhang Fei said again: "Oh! In fact, you can also understand it this way, this is a manifestation of women's tolerance, wrapping, clamping, and even inhalation...."
Xu Zhiqian asked, "What are you talking about?"
Zhang Fei clicked his tongue: "I told you when I got married, I'll tell you, anyway, it's coming soon, we'll get married at the end of the year. Hehe."
Speaking, he hugged Xu Zhiqian into his arms again.
Xu Zhiqian smiled shyly, "After getting married, I won't let you overflow easily."
"This is not okay."
Zhang Fei said solemnly: "It must overflow, and overflow every day."
Xu Zhiqian snorted softly: "Let's see."
"Let's see?"
Zhang Fei couldn't help moving his lower arm.
Xu Zhiqian asked, "What are you doing?"
Zhang Fei asked back: "How much do you weigh?"
......
Back to Zhang's house, I saw Lan Yuanzhen sitting in the hall drinking hot tea.
Zhang Fei was taken aback for a moment, then looked at Xu Zhiqian again, hurriedly stepped forward and said, "Your official has seen the nobleman."
Lan Yuanzhen smiled and said: "Zhang San, congratulations, congratulations!"
Zhang Fei asked curiously, "Congratulations for what?"
Lan Yuanzhen laughed and said, "Congratulations on your promotion."
"Promotion?"
Zhang Fei was pleasantly surprised.
Lan Yuanzhen laughed and said: "And you still skipped six grades in a row, your class is really worth it."
"Six consecutive jumps."
Zhang Fei sucked in a breath of air, "Then...then what grade official am I now?"
Nine, eight, seven, six, five, four.
Is it directly promoted to the fourth rank?
This....
The emperor is too kind to me.
Lan Yuanzhen took out an imperial edict, "The official made an exception and promoted you to be a doctor of Guozi Law, the eighth grade."
"Huh? Eight...eight products?"
The corner of Zhang Fei's mouth twitched.
"It is the eighth grade."
Lan Yuanzhen said: "What? Don't you think it's too rare? Our family tells you that it's extremely rare for someone like you who can skip six consecutive grades without taking the imperial examination!"
"Yes yes yes."
Zhang Fei came to his senses and hurriedly saluted: "Your Majesty is so gracious, I am so grateful."