Judge of the Song Dynasty

Chapter 351: After Class

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“How was it?”

Zhang Fei had barely slipped out of the classroom when he was intercepted by Xu Zhiqian before even reaching the main gate. Her clear eyes gazed at him, filled with concern.

He had just finished class and emerged alone, so something must have gone wrong.

“How was it?”

Zhang Fei froze, then asked, “You… you didn’t go to listen?”

Xu Zhiqian shook her head gently.

Zhang Fei asked, “Why? Didn’t you say you would go see?”

Xu Zhiqian complained, “I wanted to, but you didn’t see? There was no space left outside the classroom for me to sit, and many respected scholar-officials were there. How could I dare go?”

She was not afraid of Sima Guang, Wang Anshi, or even Emperor Zhao Xu, but she was very afraid of old scholars like Yan Fu.

If they saw a woman squeezing into the crowd, they would certainly scold her unmercifully, and it might even implicate Xu Zong.

Heavens! I looked so cool, and you didn’t even see it. Zhang Fei instantly lost his enthusiasm. “It was decent, I suppose.”

“Decent?”

Xu Zhiqian asked with surprise and delight, “They didn’t try to humiliate you?”

Zhang Fei shook his head. “No.”

Xu Zhiqian frowned slightly. “That’s unlikely. Just two days ago, they were constantly insulting you.”

The reason Zhang Fei had targeted those students so fiercely earlier was precisely because they had been mocking him these past few days. The whole place was filled with ridicule and insults toward him. He had to pay them back.

Zhang Fei said, “I just picked a topic they didn’t quite understand to talk about. They couldn’t even join the conversation.”

Curious, Xu Zhiqian asked, “What topic?”

Zhang Fei said, “Which came first: the egg or the chicken.”

“Then which came first? The egg or the chicken?”

“Ah?”

…

Shortly after Zhang Fei left, Emperor Zhao Xu and the others also left. But in the classroom, not a single one of the fifty students left their seats.

They slowly crawled over to the wooden board, their eyes vacant, as if asking themselves what on earth had just happened.

They were truly confused. After all that arguing, they were no longer even sure what they had been arguing about.

It was precisely because of this that they had been so flustered earlier; they simply couldn’t say a word back.

“The law of Legalism, the law of Confucianism, systemic law.”

Ye Zuqia recited the three types of law, a trace of confusion still lingering in his eyes. He felt that the concepts simply would not settle in his mind.

At this moment, Cai Jing suddenly spoke. “The reason we are puzzled is that he has divided Legalism into two parts. One category of laws is classified as political commands, while the other is classified as the law of a legal system. However, in our understanding, systemic law is also part of the laws of Legalism. This contradiction is what we felt when debating with him.”

Upon hearing this, everyone woke up as if from a dream.

Ye Zuqia slapped his thigh. “That’s right. That is exactly right. I was stuck on this point at the time. In reality, the two are one and the same. Think about it: if no one were to obey the laws of Legalism, who would bother to obey systemic law?”

“That is incorrect!”

Cai Bian shook his head. “The point of contention just now was not that. The question was which takes precedence: the laws of Legalism or systemic law. For instance, if someone is arrested for theft, that is a violation of systemic law. But if His Majesty chooses to pardon that person, that act falls under the law of Legalism. So, which one takes precedence?”

“If His Majesty issues a personal order for the pardon, I suspect the pardon would still be granted.”

“Then the laws of Legalism take precedence.”

“But that seems wrong. It should be systemic law that takes precedence.”

“If His Majesty pardons a thief without good reason, the ministers will not agree.”

“But if His Majesty insists on granting the pardon, their opposition will be futile.”

“Wait, isn’t that the law of Confucianism he mentioned just now?”

“Hold on, I think I’m getting it. In this case, under Legalism, if His Majesty wants to grant a pardon, he will, and no one dares object.

Under Confucianism, if He wishes to pardon, the ministers can try to dissuade Him, but they may fail. Even enlightened rulers, not just foolish ones, have acted this way. Emperor Wen of Sui and Emperor Taizong of Tang both ignored advice at times.

But under systemic law, a pardon is absolutely impossible. That is the difference between the three.”

“So it seems systemic law is best after all.”

“Does that mean the law is greater than His Majesty?”

“Be careful with that.”

“Why be afraid? We just discussed this. Systemic law is not yet achievable because the laws are not yet perfect.”

“If systemic law is a shared consensus, why would it not be achievable? Isn’t that contradictory?”

“You didn’t listen carefully. It wasn’t that it couldn’t be done, but that systemic law comes first and cannot be compromised. Systemic law is rigid and will not yield to the laws of Legalism.”

“Why should it yield?”

“To protect rights and interests?”

……

The discussion in this classroom was intense. Meanwhile, in the traveling palace near the College of National Scions, Emperor Zhao Xu was also discussing this issue with the chancellors Wang Anshi, Sima Guang, Fu Bi, and Wen Yanbo.

In truth, everyone had more to say and still lingered on the topic. Furthermore, with internal troubles and external threats pressing on the Song dynasty, they were all seeking other paths. Unfortunately, Zhang Fei had guarded his right to leave work on time, so they could only chat among themselves.

“Actually, that young man made it very simple. It wasn’t complex at all.”

Wang Anshi said this casually.

“Is that so?”

Sima Guang, irritated by Wang Anshi’s smugness, said, “Then do tell.”

Wang Anshi asked with a smile, “Are you also troubled by this?”

Sima Guang nodded and answered honestly, “I indeed haven’t figured out some parts.”

Emperor Zhao Xu watched Wang Anshi with anticipation and asked, “Please, Teacher, share your thoughts quickly.”

In private discussions of scholarship, the address between ruler and minister was relatively casual.

Wang Anshi said, “The law of Legalism places the ruler’s commands first. The law of Confucianism holds that the sages and the wise determine the rites and laws, for if one’s own conduct is upright, commands will be carried out. It holds virtue as the master and law as the assistant. As for Zhang San’s systemic law, it places individual interests first. It is that simple.”

Emperor Zhao Xu nodded slightly. “It sounds simple enough, yet why couldn’t so many of them work it out just now?”

Wang Anshi, puzzled, replied, “I don’t know either. Why can’t they see it?”

“It is not that simple.”

Fu Bi shook his head and said, “In fact, among the various schools of thought, only one places individual interests first. It has been lost for a thousand years, which is why so many people remain confusedand fail to grasp its underlying principle.”

Sima Guang asked, “Does Lord Fu refer to the teaching of Yang Zhu, who held that one should not pluck out a single hair even to benefit the whole world?”

“Precisely.”

Fu Bi nodded. “Among the Hundred Schools of Thought, only the doctrine of Yang Zhu emphasizes individual interests. Unfortunately, Yang Zhu left no complete writings, only scattered remarks, so later generations have never been able to fully investigate it.”

Having said this, he shifted his tone. “However, perhaps Zhang San’s arguments can allow us to understand the teaching of Yang Zhu.”

Emperor Zhao Xu was surprised. “Does Lord Fu place Zhang San in the same category as Yang Zhu?”

Fu Bi said, “In my opinion, on the basis of this systemic law alone, Zhang San is fully qualified to take his place among the hundred schools of thought.”

Wang Anshi was surprised. “Lord Fu is being too generous to that boy.”

“It is not that I am elevating him.”

Fu Bi shook his head and said, “In his lectures, he treats systemic law as a standard. In reality, it is a school of thought. The reason is that he uses it to explain both the law of Legalism and the law of Confucianism. To say he has founded a new school is not an exaggeration. If you follow the reasoning of this systemic law, many things will change.”

Emperor Zhao Xu asked, “For example?”

Fu Bi replied, “Take, for instance, the Confucian ideals of a ruler being a ruler, a minister being a minister, a father being a father, and a son being a son. These concepts may well fall apart.”

Emperor Zhao Xu’s face changed with alarm. “What do you mean?”

Fu Bi answered, “As Zhang San stated, the law of systemic law is about protecting the legitimate rights and interests of the individual. However, conflicts of interests can occur between father and son.

According to Confucian ritual and law, the father would still take precedence. Even if the matter reached the government office, unless it involved the grave crime of treason, the authorities would nine times out of ten rule in the father’s favor.”

However, according to the law of systemic law, a son has the standing to defend his own legitimate rights and interests, and the relationship between the two is closer to equality.”

Sima Guang said, “But Zhang Fei also made it clear that the law of systemic law is a consensus, not the idea of a single person. The familial affection between father and son is a human instinct, which is also a consensus. Therefore, one must obey the orders of one’s parents.”

Wang Anshi immediately said, “Ritual norms are rules established in accordance with familial affection. Familial affection is a consensus, but the orders of parents are not necessarily a consensus; they are moral instruction. Do you remember that Ayun of Dengzhou was forced into an engagement with Wei Ada? If we follow Zhang San’s systemic law, Ayun would at least have the power to refuse.”

“That is truly terrifying.”

Wen Yanbo could not help but exclaim. He had realized the implication as well and quickly added, “His Majesty, this system is absolutely unacceptable. It will overturn all family ethics.”

In the classroom, Zhang Fei had established systemic law as a standard. A standard was certainly rigid, but it didn’t seem to be of much consequence.

Yet after Fu Bi spoke up, the matter became grave.

If one reasoned along the lines of the law of systemic law, one would quickly reach a conclusion: the relationship between individuals would tend toward equality, and individual freedom would be greatly expanded.

In that case, the entire hierarchical value system of Confucianism would be shattered.

Of course, it would not be completely overturned.

Because morality and law still shared many common ground; as Zhang Fei had said, the Confucian approach to law was closer to systemic law, which was not entirely wrong.

But in essence, the two harbored sharp contradictions. But if systemic law was just used as a standard, no contradiction would exist.

Although Zhang Fei had spoken in an obscure manner, very few members of this golden generation were stodgy. Especially Wang Anshi and Fu Bi: they had both presided over reforms. Though they had never broken free of that old mold, their ability to accept new things was remarkably quick.

Sima Guang and Wen Yanbo, in this regard, fell short of them.

Wang Anshi said, “I, too, believe this law is not feasible.”

Wang Anshi and Wen Yanbo were in complete agreement, an unprecedented occurrence.

The reason, surprisingly, was Zhang Fei.

This…

Emperor Zhao Xu asked, “What do you mean by that?”

Wang Anshi said, “If we all emphasize personal rights, even legitimate ones, the state will crumble into fragments. From the perspective of Legalism, it shows a disregard for the national interest. From the perspective of Confucianism, it lacks the spirit of sacrificing one’s life for righteousness. It will only lead to disunity. In fact, I intended to debate this very principle with him just now, but unfortunately, the lad slipped away.”

Sima Guang mumbled awkwardly, “Could it be that this is merely our assumption? Perhaps Zhang San simply wanted to express the principles of the law. If systemic law is applied only within the judiciary, it is indeed correct.”

Emperor Zhao Xu nodded slightly, then turned to Fu Bi and asked, “What are your thoughts, Lord Fu?”

Fu Bi replied, “At present, I also agree with what Wang Anshi and the others have said. If we follow the law of systemic law, many problems remain unresolved. Zhang San himself stated in class that the law of Confucianism is still the optimal solution for now. However, he did not finish his argument, and I am hesitant to make a definitive judgment.”

Wen Yanbo said, “Your Majesty, this class must not be allowed to continue.”

Wang Anshi immediately protested, “That is absolutely unacceptable. He is conducting this class right under our noses, and moreover, he holds the upper hand in the debate. If we stop him now, it will only reveal our lack of confidence, which will encourage even more speculation.”

His confidence was unmatched. He was convinced that he is right, and he had absolutely no fear of this systemic law.

Emperor Zhao Xu nodded. “That makes sense. Let him continue.”

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