Ming Dynasty: Domination of the World from the Imperial Examination

Chapter 215 I am the law? !

"Taofa?"

"What kind of course is this?"

“Why should my Confucian morality be listed on the same level as the legal system?”

"That's right. Morality is the way of the king, it is about etiquette and education, and law is for punishment. Why do scholars learn these things?"

"."

Many scholars expressed dissatisfaction with the fourth Taoist method.

In their hearts, they still believe that when they follow the Confucian ideals, they should respect Confucianism alone and discard all others. Only in this way can the world be clear and bright. The reason why the Ming Dynasty is so filthy today is because it is too mixed and chaotic.

But few people dare to speak out in public.

There are only a few.

Xia Zhibai poured himself a glass of warm water, rubbed his dry throat, and then said: "Taoism is actually telling the world that the way of governing the country implemented by all the unified regimes in China since the Han Dynasty is Confucianism on the outside and Legalism on the inside."

"This system of Confucianism on the outside and law on the inside was established during the time of Emperor Wu of the Han Dynasty."

“That is, on the surface, they advocate Confucianism, but in practice, they rely heavily on Legalist thought.”

"Therefore, in governing the country, it is manifested as a combination of Confucianism and Legalism, and Confucianism and Legalism complement each other."

“Political achievements and ethical persuasion are the core means for monarchs of all dynasties to consolidate their rule.”

"At that time, Emperor Xuan of Han used many criminal officials. When the crown prince at that time suggested that he use more Confucian scholars, Emperor Xuan of Han replied, 'The Han family has its own system, which is originally a mixture of hegemony and kingship. How can we rely solely on moral education and follow the Zhou Dynasty's system?'"

"The records in the history books are enough to prove that during the Han Dynasty, the whole country had already combined Confucianism and Legalism to implement governance."

"All feudal etiquette in the world is stipulated in the form of law."

"From the earliest Confucian doctrine, there was the ethical constraint of 'the ruler is the ruler, the minister is the minister, the father is the father, the son is the son', and later on the 'Three Bonds' of 'the ruler is the bond of the minister, the father is the bond of the son, and the husband is the bond of the wife'. Later, although there were still obvious hierarchical constraints on top of traditional etiquette, they were later broken through into explicit laws of 'if the ruler wants the minister to die, the minister must die; if the father wants the son to die, the son must die'."

“The legalization of ethics has been established since then.”

"Since the Han Dynasty, violating the ethics has never been met with moral judgment, but legal sanctions."

"This is the inevitable product of the rule of Confucianism on the outside and law on the inside."

"But this kind of ruling method also clearly expresses a problem."

"The world is ruled by men, not by law."

"On the surface, all laws are regulated within the scope of recognition, but the laws of the world often show 'love outside the law'. This constant trampling of the law should be corrected and avoided, and the first thing to do is to improve the people's legal awareness."

“Therefore, morality and the legal system are for achieving this point.”

"The laws of the Ming Dynasty are deformed, and the legal system is very imperfect. There are laws that are not enforced, and the law enforcement is silent. The current situation of nepotism is very serious. In some remote and backward areas, patriarchal ideology is rampant, and many family and village laws are openly placed above national laws."

"The main purpose of this Dao is to spread the Dharma, to teach the Dharma, and to spread the Dharma throughout the world."

“Let people know the law and understand the law.”

"To a certain extent, this Taoism course is replacing the role of the Great Edict."

"The emergence of the Great Edict has its historical reasons and is also necessary. However, the Great Edict, which is superior to the Great Ming Code, is destined to withdraw from the historical stage. The Daofa Class is intended to fill the gaps of the Great Edict and provide a certain excuse and way for the people of the world to know the Great Ming Code."

"The law cannot give in to lawlessness!"

Liu Sanwu's eyelids jumped when he heard Xia Zhibai's passionate words.

Xia Zhibai is too bold and presumptuous.

He actually set his sights on the "Great Edict".

The "Great Edict" was compiled by the current emperor, and was passed on by word of mouth among local people, and even included in the assessment of local officials. However, Xia Zhibai simply denied it and believed that the "Great Edict" was doomed to be unsustainable.

How could Xia Zhibai have the courage to say these words?

This is a denial of Your Majesty.

It's just that Xia Zhibai's idea of ​​'Confucianism on the outside and Legalism on the inside' was recognized by many scholars.

For so long, China has indeed been adhering to the principle of "Confucianism on the outside and Legalism on the inside", but it is not the so-called Confucianism on the outside and Legalism on the inside.

The so-called "external" refers to external manifestations and specific measures. The way of governing the country in the world adopts the Confucian principles of valuing people, putting people first, and reasonably distributing benefits. The so-called "internal" means establishing a political structure based on the ideas of Legalism and governing 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 will continue to be passed down. How could it end so abruptly as you say?"

"What is your intention?"

"Besides, there is mercy outside the law, which represents your majesty's benevolence."

"What's wrong?"

"Does he have to be beaten to death with a stick?"

"If we really follow the law in everything, won't our Ming Dynasty repeat the mistakes of the Qin Dynasty? Then won't our Ming Dynasty have to have hundreds or thousands of more laws?"

Xia Zhibai looked over indifferently.

He said in a deep voice: "May I ask Scholar Liu, on which page and chapter of the Ming Dynasty Code the Great Edict is located?" Liu Sanwu was stunned and sneered: "The Great Edict is not in the Ming Dynasty Code."

"Since it is no longer in existence, and the world has been widely announcing it, does that mean that the Great Edict is the real Great Ming Code? Does that also mean that the Great Edict is superior to the Great Ming Code? Then what is the meaning of the Great Ming Code's existence?"

Liu Sanwu said solemnly: "The criminal law of the world should be based on the Great Ming Code."

Xia Zhibai smiled and said contemptuously: "If someone breaks the law, I would like to ask Mr. Liu, should officials punish him according to the Great Edict or the Great Ming Law?"

"Of course." Liu Sanwu opened his mouth, but no words came out. Finally, he flicked his sleeves in anger and turned his head to the side.

Xia Zhibai chuckled and said calmly: "This is the biggest problem with Ming Dynasty law."

"The law is unclear."

“The Great Edict and the Great Ming Code existed at the same time.”

"There is no obvious subordinate relationship between the two, nor is there an obvious priority, but the sentences between the two are completely different. According to the Great Ming Code, the punishment should be severe, while according to the Great Ming Code, it is a normal punishment. The power of judgment falls into the hands of the interrogating officials."

"There is love outside the law."

"That's so hypocritical."

"Any action can be justified by wearing the hat of benevolence."

"But in reality, it is gnawing at the justice of the law."

"For those who have been 'exonerated' by the court or local officials, they can easily 'pardon' them and give them a chance to reform."

"This obvious 'abuse of law' is not regarded as 'abuse of law', but is instead regarded as the ruler's generosity and kindness, and compassion for the people. Isn't this opening the door for the world to harbor filth and corruption?"

"besides."

"When someone who the court or local officials dislike breaks the law, they can openly magnify the crime of a family member to the crime of the entire family, and even call it their own clan's cover-up. Then they can openly use torture such as exterminating the entire clan and collective punishment."

"The execution of the entire family was carried out very quickly."

“Where is the law?”

"If this continues, won't there be a variety of laws coexisting in the world, such as national law, clan law, family law, and clan law? Whose law is greater? Will national law sometimes have to bow to family law and clan law? Then won't the Ming Dynasty law be even shabby than toilet paper?"

"If this continues, who will take the Ming Dynasty law seriously?"

"The laws of the Ming Dynasty will be completely abolished."

"And the lesson of Taoism is to tell the scholars of the world that the law of the country is above everything else and is above everything else."

"Even your majesty's Great Edict should be subject to national law."

“It is true that local conditions are different and local laws may also be different, but national law is national law, which must be above everything else and should be above all other laws. National law is the general outline of laws and the standard for laws in the world. All laws should be based on national law.”

"Any 'law' that exceeds national law, or attempts to break national law, is illegal and should not be recognized."

“It is also strictly forbidden to continue.”

"The law is the will of a nation."

"The will of the nation should be above everything else and must never be trampled upon or crossed!"

It is okay to show mercy outside the law, but it must be within the scope permitted by the Ming Dynasty law, and it should not go beyond the Ming Dynasty law. That is not benevolence, nor is it so-called leniency and mercy, but a crime, and it is trampling on the dignity and will of the country. "

"Too many people in the world have the idea of ​​'being compassionate outside the law' and 'showing mercy outside the law', and they also regard this unique behavior as their own privilege. But if all officials in the world do this, then the Ming Dynasty law will become a dead letter."

"Anyone can convict someone at will, and can fabricate a crime at will, and can punish local people to death."

"This is not mercy, this is a breeding ground for crime."

"The world should move towards standardization!"

"From now on, those who arbitrarily trample on the bottom line of the law will be completely stopped."

"This Taoism course is to clearly tell local officials that the days when they used to think 'I am the law' are over."

“Although it may not be realized soon, at least the world is on the right track.”

"This is also the original intention of my setting up the Taoism class."

Xia Zhibai has actually become very restrained.

Because those who are outside the law cannot be stopped.

This is the privilege that the rulers boast about themselves, and under the deliberate glorification of Confucianism, it is not even considered to be a violation of the rule of law. What he can do now is to try to break the chaos and restore order in exchange for certain concessions from the rulers at the lowest cost.

Provide some relief to local residents.

Try to limit the power a little bit, and build a physical cage.

Although this cage can be broken with a poke.

But at least it's there.

Compared with Xia Zhibai's calmness, Fang Xiaoru and others were in turmoil.

Because he is the first person in the world to oppose such atrocities as "punishing nine generations of a clan" and "collective punishment". He is openly opposing Your Majesty's brutal practices and even trying to impose certain restrictions on Your Majesty's practices. How can they not feel shocked and terrified?
(End of this chapter)