Judge of the Song Dynasty
Chapter 352: Cauldron with Three Legs
If one followed Zhang Fei’s theory of the law of systemic law, then the law of Legalism implied extreme centralization of power, where the sole ruler made every decision and tolerated no dissent whatsoever.
In contrast, the law of Confucianism added “virtue” to governance. At the level of “law,” people were not equal; consequently, they were also unequal at the level of “virtue.” The one with the highest status was expected to possess the highest moral character. This is why Confucians often demanded that the emperor set an example.
This was actually another way of restraining the emperor.
It was merely a more diplomatic approach.
However, due to the unique nature of the Song dynasty’s founding, the law of Confucianism went a step further, establishing a shared rule between the emperor and the scholar-officials.
This design naturally carried certain drawbacks. For instance, even a minor issue might require prolonged debate. But as a matter of learning from history, this system was preferable to the emperor making every decision alone.
It was precisely because the emperor and the scholar-officials shared power that there was a great degree of freedom in academic discussion.
In truth, Fu Bi had already pointed out the subtlety of systemic law, but Wen Yanbo merely mentioned it in passing and refused to let this lesson be taught. This was because Zhang Fei was merely a pen-in-cap. If Zhang Fei had been a scholar-official, Wen Yanbo likely would not have said such a thing at all.
For restricting the monarch was also a goal of the Song dynasty scholar-officials. However, this systemic law would also restrict the scholar-officials themselves, thereby undermining the hierarchical structure of Confucianism.
That said, compared to Wang Anshi’s statement, “heavenly portents need not be feared, ancestors need not be imitated, and public opinion need not be accommodated”, Zhang Fei’s systemic law was not a threat.
Wang Anshi’s reforms was fundamentally aimed at overthrowing Confucianism.
If Heaven, the ancestors, and public opinion were all to be disregarded, the entire Confucian system would cease to hold.
And yet, Wang Anshi ultimately launched his reforms.
……
The Zhang residence.
Gao Wenyin carried a plate of pastries down the corridor toward the main hall. Suddenly, she spotted a figure with one ear pressed to the window frame. It was Xu Zhiqian.
Curious, she walked over and called out softly, “Sister Xu.”
Startled, Xu Zhiqian turned around. Seeing it was Gao Wenyin, she quickly made a gesture for silence.
Gao Wenyin asked in a low voice, “What are you doing here?”
“I’m listening to what they are saying.”
As she spoke, Xu Zhiqian let out a sigh. “I knew it wouldn’t be that simple. All that talk about ‘the chicken before the egg’ and ‘the egg before the chicken’—it was all nonsense. I had only just returned home, and Father immediately came back and started talking with him. Before long, Uncle Sima arrived as well.”
Gao Wenyin was completely lost. “Is this a good thing, or a bad one?”
Xu Zhiqian initially wanted to say it was likely a bad omen, but then remembered that Gao Wenyin had a fragile disposition. Instead, she added, “It’s probably just a lesson. Most likely, he said something shocking that caught the interest of Father and Uncle Sima.”
With that, she muttered, “But why wasn’t I allowed to listen in?”
Gao Wenyin breathed a sigh of relief. “That’s good then! That’s good! Then I’ll head inside now.”
Xu Zhiqian nodded.
However, the moment Gao Wenyin entered, she felt something was off. Zhang Fei, Xu Zun, and Sima Guang all fell silent. She didn’t dare say much, quickly set down the pastries, and retreated.
No sooner had she stepped out than Sima Guang turned to Zhang Fei with a look of utter disbelief. “You… you came up with this systemic law to deal with those students?”
This class was truly shocking, completely beyond his expectation. Moreover, after Fu Bi and the others had discussed it, it had nearly become a school of thought. Yet it was Sima Guang who had asked Zhang Fei to teach the class. He needed to get to the bottom of what had happened.
Perhaps it was best not to ask. But once he did, he was completely stunned.
Zhang Fei actually told him that the law of a legal system was something he had come up with himself, specifically to counter those students.
It was truly absurd!
Zhang Fei nodded. “Yes, exactly.”
Sima Guang blinked, then suddenly stood up and shouted angrily. “Nonsense! Do you realize that Lord Fu said this systemic law of yours could found a new school of thought? You… you say you only did it to deal with those students?”
His shouting carried clearly to Xu Zhiqian, who was hiding outside the window. She was taken aback, her expression changing. Found a new school of thought? What had he actually said in class?
“Found a new school of thought?”
Zhang Fei paused in confusion. “I don’t have such ability. It’s just that lately they had been mocking me for having no learning and not being fit to be a teacher. They even went so far as to insult my father-in-law and Zhiqian. It really irritated me.
So I thought I had to teach them something they didn’t know. If they already knew it, I certainly wouldn’t be able to argue with them. That is how I came up with this systemic law.”
Sima Guang looked at Zhang Fei with a mixture of suspicion and doubt, then turned his gaze to Xu Zun standing nearby.
Xu Zun stroked his beard and said with some uncertainty, “This doesn’t seem like it was premeditated either.”
Sima Guang knew this point better than anyone. It had been his own idea to use the teaching position at the College of National Scions to elevate Zhang Fei. It was not something Zhang Fei had requested.
But he still found it hard to believe. To produce such a grand piece of work, only to end up arguing with a group of students? It was like using a great axe to kill a chicken.
Everyone knew that Zhang San was petty and nursed every grievance, but to be petty to this degree was simply a matter of attaining a new level of mastery.
It was incredible.
“Really… is it true?” Sima Guang asked again.
“It’s true.”
Zhang Fei nodded firmly.
Was he a genius, or a fool? Was this really worth the trouble? Sima Guang frowned tightly and said quickly, “Please, don’t say things like that carelessly.”
Zhang Fei replied promptly, “You can rest assured. I would never talk about it carelessly. If I did, it would lower the prestige of the matter. I need it to appear as though I possess great learning.”
“…!”
Only someone without learning would think that way. A cold sweat broke out on Sima Guang’s forehead. He asked anxiously, “Then please, tell me about this systemic law in detail.”
Zhang Fei said immediately, “My idea is actually quite simple. I only hope to elevate legal studies to a higher level and give it a touch of philosophy, but I haven’t fully worked out how to explain it yet.”
Sima Guang was stunned. “If you haven’t figured it out, how could you speak so eloquently just now?”
Zhang Fei replied, “I was just trying to get through that one lesson. Surely none of them could have understood it all of a sudden, so I just muddled through it.”
Sima Guang realized why. “No wonder you fled so quickly just now. Even His Majesty couldn’t stop you.”
Zhang Fei felt relieved yet anxious. “It was really a close call. Lord Fu, Academician Wang, and Lord Wen all intervened. I hadn’t expected that. It made my heart pound.”
Sima Guang said worriedly, “But you can run from it for a while, not for a lifetime.”
Zhang Fei said, “I was actually planning to discuss this matter with Academician Sima. I don’t think there is any need for me to teach this class. The moment I enter that classroom, I am not the teacher; I am the enemy. It is not that I fear them, but why should I bother? Do I have nothing better to do than to run over and argue with them?”
Sima Guang waved his hand. “There is no discussing this. You must teach the next lesson. If you do not explain the situation clearly, the trouble may only grow greater.”
Zhang Fei said with a sigh, “But I was only prepared for one lesson.”
Sima Guang replied, “Then think it over right now. I will go arrange the schedule and try to buy you some time.”
“Oh, my!” Zhang Fei covered his face. “Academician Sima, do you think we are just causing trouble for ourselves?”
Sima Guang was in a difficult position. Deep down, he agreed with Zhang Fei’s idea about elevating the status of legal studies. However… this was getting a bit out of hand. He felt as though he wanted to weep but had no tears. “How could I have known you would come up with such a thing as the systemic law? I have not fully understood the theory myself, even now.”
Xu Zun nodded in deep agreement.
He had rushed back earlier specifically to discuss this with Zhang Fei.
The concept was remarkably unusual.
Among the hundred schools of thought, only Yang Zhu had touched upon it, but the problem was that Yang Zhu had left no written works behind.
“Perhaps it is because I have not worked it out in my own mind yet,” Zhang Fei said, scratching his head. “I will think about it some more and see how to tie it all together when the time comes.”
Tie it all together?
Good heavens!
Sima Guang felt his head was about to burst. He could not help but warn Zhang Fei, “Think carefully. Think thoroughly. In the next session, you will not be facing just students. You will have to answer Wang Anshi, Fu Bi, and the others.”
“What?”
“This is a mess you made for yourself.”
“If Academician Sima did get me to go……!” Zhang Fei said with a plaintive tone.
Sima Guang opened his mouth, then closed it. He thought to himself that this boy was like a donkey; if you didn’t whip him, he wouldn’t budge. He then said, “You yourself said that punishments do not apply to scholar-officials. If something happens, I will certainly be safe.”
Zhang Fei was surprised. “Academician Sima, you… you aren’t protecting me?”
Sima Guang snorted. “Protect you? If something goes wrong, I will also share the blame. At worst, I would merely be sent to serve in a local post. You, however, are in a different situation.”
Zhang Fei’s face showed a flash of alarm. “Uh… does a sub-nine rank official count as a scholar-official?”
Sima Guang smiled. “What do you think?”
Zhang Fei nodded. “Then I will become a scholar-official, too.” In his heart, he added: If I can’t, I will establish the law of systemic law and drag you all down with me.
After giving him repeated instructions, he hurried off to the College of National Scions. Zhang Fei’s next class was scheduled for tomorrow, and no one dared to keep the Emperor waiting.
But the Emperor would not wait either.
The Emperor had already arrived, though he was at the Xu residence. Sima Guang had only just left, and before Xu Zhiqian could get a clear explanation, Zhang Fei was called away by Emperor Zhao Xu.
He and Zhang Fei always discussed matters in private, while Xu Zun and his daughter quietly waited at the Zhang residence.
Upon seeing Zhang Fei, Emperor Zhao Xu asked with a smile, “You planned this long ago, didn’t you?”
Zhang Fei chuckled. “I couldn’t keep it from Your Majesty after all.”
The reason the Emperor knew was that Zhang Fei had once mentioned the idea of putting power in a cage. But after hearing Fu Bi’s explanation, he felt the cage seemed rather large and difficult to control. So he asked, “What are your intentions?”
Zhang Fei replied, “I aim for a stable cauldron with three equal legs.”
“A cauldron of three legs?” the Emperor asked in surprise.
Zhang Fei smiled. “Your Majesty must have discussed this with Academician Wang and Lord Wen?”
The Emperor nodded.
Zhang Fei pressed on. “Did their reactions seem somewhat conflicted? Not fully approving, yet not explicitly opposing either?”
The Emperor asked curiously, “How did you know?”
Wen Yanbo had briefly voiced concerns, but his stance was not firm. As for Fu Bi, Sima Guang, and Wang Anshi, they had merely reserved judgment.
Zhang Fei smiled. “Academician Wang’s New Policies clearly lean toward Legalism, while Lord Wen and the others insist on holding fast to Confucianism. My law of systemic law is distinct from both. It cannot be absorbed by either. It will inevitably become a third school.”
If the Confucians were to completely reject systemic law, and thus reduce the role of law in favor of the Confucian ideal, the result would be rule by virtue and morality. The implication is clear: it would serve to protect the privileges of the scholar-officials. Academician Wang would undoubtedly use this to attack them.
After all, systemic law was meant to safeguard the legitimate rights and interests of individuals. Lord Wen and his group advocate enriching the people by preserving wealth with them. If they were to negate these rights, their so-called policy of enriching the people would in reality mean enriching the scholar-officials rather than the common people.
On the other hand, if Academician Wang were to oppose it, it would also contradict the principle that the state can be prosperous without increasing taxes on the people. If he denies the people’s right to defend their own legitimate rights and interests, others will inevitably wonder what he is truly trying to do.”
Emperor Zhao Xu nodded slightly and asked, “Even if that were the case, what is the significance?”
Zhang Fei replied, “This ideology is different from the others. If it were merely a contest between two factions, Your Majesty, seeking civil and military strength, would have to choose one side. It would be either black or white. But systemic law can check both of them simultaneously. Your Majesty could then select the best from each, without needing to worry about favoring one over the other.”
Using ideology to influence the struggle for power was a technique of imperial rule, and one in which Emperor Zhao Xu was well versed. After pondering for a while, he asked, “Wouldn’t they also use systemic law to deal with me?”
Zhang Fei thought for a moment as well, then said, “They are unlikely to use this approach to deal with Your Majesty. However, Your Majesty may need to restrain himself.”
Emperor Zhao Xu asked, “What do you mean by that?”
Zhang Fei explained, “Lord Wen and his followers will certainly not abandon the principles of Confucianism. Academician Wang will certainly not abandon the principles of Legalism. As long as Your Majesty does not oppose systemic law, a three-way power struggle is highly likely to emerge. The problem is that if Your Majesty does not oppose systemic law, yet violate the law at the same time, they will definitely use this to attack Your Majesty.”
A light flashed in Emperor Zhao Xu’s eyes. He fell silent for a moment, deep in thought.
Ideology was the core interest of both the reformist and conservative factions.
If there were no Confucian thought, the conservatives would have no grounds to oppose the New Policies, so they would not abandon Confucian thought to support systemic law instead. If they did not support it, they certainly could not use the scholarship of systemic law to restrict the emperor.
If they dared to do so, they would be discarding the principles of Confucianism.
Systemic law was could certainly restrict the emperor, but they would certainly not use it that way.
Therefore, the emperor could turn the tables and use systemic law to counterbalance the principles of Confucianism.
The main target was indeed the principles of Confucianism. Although Confucianism was conducive to monarchical rule, it was currently unfavorable to strengthening the state and its military. To achieve both civil governance and military prowess, Emperor Zhao Xu had to suppress the influence of Confucianism.
I want to fight adversaries, yet you insist on keeping wealth among the people. Then how could I possibly fight them?
In reality, the Legalist approach was the most beneficial for Emperor Zhao Xu. The problem, however, was that Confucianism was too powerful. Legalist policies had little room to grow, and the common people would not accept them.
Wang Anshi understood this himself. That is why he advocated for the state to remain prosperous without increasing taxes on the people. He was clearly trying to distance himself from Legalism. A true Legalist would have simply raised the taxes.
Comparing the economic policies of Wang Anshi and Sang Hongyang, the main difference was that Wang Anshi’s New Policies incorporated Confucian values, whereas Sang Hongyang merely sought to enrich Emperor Wu of Han, using Legalist techniques rather than virtue.
Emperor Zhao Xu was very interested in this. He had previously considered that if he really could not handle this group of scholar-officials, he would create a cage of power to restrict them, exchanging 0.5 of his own power for 1 of theirs. He would lose a little, but they would lose much more.
His goal was to enrich the state and strengthen its military.
It seemed now that, in the short term, the Emperor could make no sacrifices at all by setting a law-abiding example himself. That was not a problem. Whatever came later could be dealt with later.
The key was that Confucianism was so strong that the chance of Confucianism being totally defeated was small. Maintaining the balance would be enough.
Furthermore, if he were to achieve success, this might not even be an issue.
Emperor Zhao Xu asked, “With just this one lesson, can you establish a tripartite division of power?”
Zhang Fei shook his head. “I can’t. I still need to think it over slowly to see how it should be structured.”
Emperor Zhao Xu froze, shocked. “You… you haven’t figured it out yourself?”
Zhang Fei hurriedly explained, “Regarding the tripartite division of power, I have thought it through very clearly. It is the legal framework of systemic law that I have not yet worked out.”
Emperor Zhao Xu felt faint. “You haven’t worked it out, and yet you bring it up.”
Zhang Fei stammered awkwardly, “Actually… I am also being pushed to this by Academician Sima. But please rest assured, Your Majesty, this is not important.”
Emperor Zhao Xu looked at him with sheer bewilderment. “Not important?”
Zhang Fei said, “Don’t we have the procuratorate and the judicial courts? Giving them just a little bit of this idea to them will be enough to keep them busy for a while. At the same time, it will not harm Your Majesty.”
The procuratorate and the judicial courts were not established for him in the first place. Emperor Zhao Xu’s eyes flickered, and he asked again, “Then what will you do in your next class?”
Zhang Fei grinned. “I asked Academician Sima to move it back a bit.”
Emperor Zhao Xu was so annoyed he laughed. “Where did all that rigor you use in lawsuits go?”
Zhang Fei said at once, “If it were a lawsuit, I certainly wouldn’t do that. After all, giving lectures is just a side job.”
Emperor Zhao Xu’s expression changed, and he said very seriously, “Let me remind you once more. You are an official now. Giving lectures is your main duty; handling lawsuits is your side job.”
“I guess that’s right.”
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