Chapter 215 Am I Wang Fa? !
"Taoism?"
"What kind of course is this?"
"Why should my Confucian morality be on the same level as the legal system?"
" That is, morality is the royal way, etiquette is for enlightenment, and law is for punishment. Why do scholars study these? ”
"."
Many bachelors expressed dissatisfaction with the fourth method.
They still believe in their hearts that when they pursue Confucian ideals, they should only respect Confucianism and abandon all others. Only in this way can the world be clear and clear. The reason why the Ming Dynasty is so filthy today , just because it is too complicated and messy.
It’s just that there are very few people who dare to say this kind of voice in public.
Only a few people.
Xia Zhibai poured himself a glass of warm water, rubbed his dry throat, and then said: "Taoism is actually telling the people of the world that the way of governing the country implemented by all unified regimes in China since the Han Dynasty is to use Confucianism outside and Confucianism inside. Law."
"This set of external Confucianism and internal law has been established since the time of Emperor Wu of the Han Dynasty."
"On the surface, it advocates Confucianism, but in practice, it is serious. Relying on the ideas of Legalism."
"So in governing the country, it is manifested in the combination of Confucianism and Legalism."
"Political achievements and ethical persuasion are the key to the success of monarchs in all dynasties. The core means to stabilize its rule.”
"Back then, Emperor Xuan of the Han Dynasty used to use more torturers. When the prince at that time suggested to him that he use more Confucian scholars, Emperor Xuan of the Han Dynasty replied, 'The Han family has its own system, which is based on the overlord's way. How can it be purely moral and use Zhou Zheng?' "
"Historical records are enough to prove that during the Han Dynasty, the world had already combined Confucianism and Legalism to implement rule."
"All feudal etiquette in the world was in the form of law. "
"From the very beginning of Confucianism, the heaven and earth are related to each other, and there are ethical constraints of 'the king, the minister, the minister, the father, the son, the son'. Later, 'the king is the guide for the minister, the father is the guide for the son, and the husband is the guide. The "Three Cardinal Guidelines" of "the wife's guide" were later based on traditional ethics. Although there were still obvious hierarchical constraints, it later broke through to "the king wants his ministers to die, and the ministers have to die; the father wants his son to die, and the son has to die." "The legalization of ethics has been established since then"
"Since the Han Dynasty, those who violated the ethics have never received moral judgment, but legal sanctions."
"This is the inevitable product of external Confucianism and internal legal governance."
" But this kind of governance also clearly expresses a problem. "
"The world is governed by people, not by law."
"From the outside, all laws are regulated. However, the laws of the world often appear to be "outside the law". This kind of continuous violation of the law should be corrected and avoided, and the first thing to do is to improve the people's legal concept. .”
"So morality and legal system are to achieve this point."
"Now the Ming Dynasty's laws are deformed, the legal system is very imperfect, the law is not followed, the law is not enforced, and the current situation of nepotism is very serious, and In some remote and backward places, patriarchal ideology is even more rampant, and many family laws and village laws are openly overriding national laws."
"The most important thing about this method is for the sake of peace. Popularizing the Dharma, teaching the Dharma, and promoting the Dharma."
"Let people know the Dharma and understand the Dharma."
"To a certain extent, this Dharma course is replacing the role of the "Da Gao". ”
"The emergence of the "Da Gao" has its historical reasons and historical necessity. However, the "Da Gao", which is superior to the "Da Ming Law", is destined to withdraw from the stage of history, and the Taoism course is designed to fill in the "Da Gao" in the future. The lack of the "Edict" will then provide a certain excuse and way for the people of the world to know the "Da Ming Law". "
"The law cannot give in to the law!"
Hear Xia Zhibai's impassioned words. , Liu Sanwu’s eyelids twitched.
Xia Zhibai is too bold.
He actually set his sights on the "Da Gao".
The "Da Gao" was compiled by His Majesty, and it was passed down orally by the local people, and was even included in the assessment of local officials. However, Xia Zhibai dismissed it in an understatement, and believed that the "Da Gao" was destined to be unsustainable.
How could Xia Zhibai have the courage to say these words?
This is denying His Majesty.
It’s just that what Xia Zhibai said about ‘external Confucianism and internal law’ has been recognized by many bachelors.
For so long, China has indeed pursued "external Confucianism and internal Dharma", but it is not the so-called Confucianism on the surface and internal Dharma on the bones.
The so-called 'external' refers to external manifestations and specific measures. The world's governance style adopts Confucian concepts of attaching importance to people, putting people first, and rationally distributing interests as its principles, while the so-called 'internal' refers to establishing politics based on Legalist concepts. structure and govern the country with the concept of rule of law.
Liu Sanwu said: "Master Xia, do you know what you are talking about?"
"Your Majesty's "Great Edict" is intended to educate the people, and it will continue to be passed down. How can it be like you?" What do you mean by ending things hastily?”
“What’s your intention?”
“Besides, it represents your majesty’s kindness.”
"What's wrong?"
"Does it have to be beaten to death with a stick?"
"If we really follow the rules and regulations, wouldn't we, the Ming Dynasty, have to repeat the mistakes of the Qin Dynasty? Then Doesn’t my Ming Dynasty have hundreds of thousands more laws and regulations?”
Xia Zhibai looked over indifferently.
He said solemnly: "I dare to ask Xueshie Liu, on which page and chapter of the Ming Dynasty Code is the "Da Gao"?" Liu Sanwu was stunned and sneered: "The "Da Gao" is not in the Ming Dynasty Code. ”
"Since it is not there and it is widely publicized in the world, does it mean that the "Da Gao" is the real "Da Ming Law"? Does that also mean that the "Da Gao" overrides the "Da Ming Law" "What is the significance of the existence of "Da Ming Code"?"
Liu Sanwu solemnly said: "The world's criminal law should be based on "Da Ming Code"."
Xia Zhibaixiao. He smiled and said contemptuously: "Then if someone violates the law, dare I ask Scholar Liu, whether the officials should treat them according to the "Da Gao" or the "Da Ming Law"?"
"I should do it." Liu Sanwu was confused. He opened his mouth, but no words came out. He finally shook his sleeves angrily and tilted his head to the side.
Xia Zhibai chuckled and said lightly: "This is the biggest problem with the Ming Law."
"The regulations are unclear."
"The "Da Gao" and the "Da Ming Law" exist at the same time "
"There is no obvious subordinate relationship between the two, nor is there any obvious priority, but the punishments between the two are completely different. According to the "Da Ming Code", the punishment will be heavier, and according to the "Da Ming Code", the punishment will be heavier. The normal punishment and decision-making power fall into the hands of the interrogating officials.”
"This sentence is too hypocritical."
"Any action can be carried out with a high-sounding hat of benevolence."
"But in fact, it is chewing The justice of the law. "
"For those who are 'extra-legal', the court or local officials can easily 'forgive' them and give them a chance to change their ways."
"This kind of obvious 'bending the law' will not be regarded as a 'bending the law'. Instead, it will be regarded as the ruler's generosity and kindness, and his consideration for the inferiors. Isn't this opening the door for evil in the world?" ?”
"Besides."
"When some people who are displeased by the court or local officials break the law, they can openly magnify the punishment of a certain family member to the crime of the entire family, which is still flattering. It is said that this is their clan's cover, so the annihilation of the nine clans, even sitting and other tortures can be used openly."
"The execution of the whole family can be carried out quickly."
"Dare to do so. "Where is the law?"
"If things go on like this, won't there be all kinds of laws coexisting in the world, such as national law, clan law, family law, clan law, etc. Then who's law will be greater? If you bow to the law and clan, isn’t the Ming Dynasty even worse than toilet paper?”
"If this continues, who will take the laws of the Ming Dynasty seriously?"
"The laws of the Ming Dynasty will be completely abolished."
"And the lesson of Taoism is to tell the world For scholars, national law is greater than everything and is above everything else."
"Even your Majesty's "Great Edict" should be under national law."
"It is true that local conditions are different. , local laws will also be different, but the national law is the national law, which means it must be above everything, and it should be above all laws. The national law is the general outline of the law and the criterion for the laws of the world. All laws must be Based on national law. ”
"Any 'law' that exceeds national law, or attempts to break through national law, is illegal and should not be recognized."
"It is also strictly prohibited to enforce it."
"The law is a country's "
"The will of the state should be above all else, and no one should be overstepped."
It is okay to show mercy outside the law, but only within the limits of Ming law. Within the scope, rather than transcending the Ming Dynasty law, that is not benevolence, let alone the so-called generosity and kindness, but a crime and trampling on the dignity and will of the country. ”
"Too many people in the world have the idea of 'benevolence outside the law' and 'benevolence outside the law', and regard this unique thing as their own privilege. But if everyone in the world does this, then the Ming Law will become It’s a piece of paper.”
“Anyone can convict people at will, fabricate a crime and punish local people to death.”
“This is not kindness, it is cultivating crime. Hotbed. "
"The world must be regulated!"
"From now on, random violations of the legal bottom line will be completely stopped."
"This Dao Dharma course is to clearly tell the local officials that their past era of 'I am the king's Dharma' has passed."
"Although it may not be realized soon, at least the world is heading towards the right direction. On the right track.”
“This is also my original intention of setting up the Taoism class.”
Xia Zhibai is actually very restrained.
Because love outside the law cannot be stopped.
This is a privilege that the ruler flaunts for himself, and under the intentional beautification of Confucianism, this is not even considered to be undermining the legal system. What he can do now is to try to break the chaos and exchange it at the smallest cost. Certain concessions from the rulers.
Relax certain restrictions on local people.
Try to limit the power a little, build a little physical cage.
Although this cage will be broken with a poke.
But at least there is.
Compared with Xia Zhibai's calmness and calmness, Fang Xiaoru and others were stirred up in their hearts.
Because this is the first person in the world today who opposes such atrocities as 'Killing the Nine Tribes' and 'Lianzu'. This is blatantly opposing His Majesty's cruel practices, and even trying to put some restraints on His Majesty's practices. , how could they not be shocked and horrified?
(End of this chapter)