Judge of the Song Dynasty
Chapter 353 Truly Just a Misunderstanding
Actually, the concept of systemic law had been thought through very thoroughly by Zhang Fei, and he had a perfectly clear grasp of it. After all, rule of law was the very first class he had attended at university; how could he possibly be unclear about it?
The “systemic law” he had been talking about was, in fact, ruling by the rule of law.
It was a verb.
This was also one of the points that confused the students. They interpreted the “law” simply as a legal system, which is a noun.
They had mixed up the verb and the noun. Could they possibly not be confused?
The key was that legal systems had existed since ancient times, so they could directly apply that concept. But the rule of law was an entirely new idea for them, something that had never existed before.
Only Fu Bi had caught a glimpse of this concept.
Besides that, there was another point that puzzled the students: both Legalism and the rule of law emphasized governing the state according to law, and they sounded quite similar. Many students felt that systemic law made a lot of sense, but it seemed like it had no real difference from the laws of the present.
The key lay in how Zhang Fei defined systemic law: a consensus on safeguarding one’s legitimate rights and interests.
However, this very definition was the most fundamental difference between Legalism and the rule of law. Legalism was about power, obedience, and compliance; it was the rule of the strong over the weak.
Rule of law was the exact opposite. It emphasized liberty and equality; it was a protection for every individual rather than a constraint. Robbery was illegal not to punish the wicked, but to safeguard one’s own rights.
Thus, a small difference made the difference between a correct understanding and a grave error.
In fact, there existed a fundamental contradiction between the two.
The Confucian legal system that prevailed in the present day was, in essence, no different from Legalism. Both were methods of rule and governance, and both harbored a fundamental contradiction with the rule of law.
Since Yang Zhu, no thought on the rule of law had appeared in the two thousand years that followed.
Legalism held that “the law does not favor the noble”. Although this phrase emphasized equality, meaning that all were treated alike before the law, Legalism had not imbued it with the core spirit of rule of law, namely the protection of an individual’s legitimate rights. Its essence remained one of obedience and compliance. The only difference was that the nobles and powerful were also required to obey without condition. Even if this point were achieved, the weak would gain nothing more than a sense of psychological balance. If they were ordered to die, they would still have to die, perhaps together with a scholar-official, but this was entirely meaningless. Life was invaluable.
Therefore, if one delved deeply into the rule of law, the conclusion might be that the entire feudal society needed to be overturned.
Fu Bi had barely touched the threshold when he realized that systemic law would drive human relationships toward equality. That would undoubtedly undermine the hierarchical worldview of Confucianism. If he probed any deeper, who knew what he would uncover.
Zhang Fei did not dare to fully expound this principle for the moment. He was proceeding cautiously, taking one step at a time. Moreover, he knew that compromises would be necessary, as the current political structure harbored too many contradictions with the rule of law. If he mishandled the situation, he would not only endanger himself but potentially trigger a catastrophe.
Therefore, the words he had spoken to Emperor Zhao Xu essentially still reduced the rule of law to a tool of imperial authority.
This was a compromise.
However, this barrier had to be crossed, for without doing so, all changes would be meaningless. What good would it be to invent airplanes and cannons?
For instance, consider the top ten internet phrases. One said “dignity rests on the sword’s blade, and truth lies within the cannon’s range”.
It depended on whether one stood in front of the cannon or behind it. If one stood in front, they would surely think, damn it, what kind of bullshit truth is this? This is absurd, like snow falling in June.
But only under the rule of law are you the one standing behind the cannon.
Therefore, this terminology could only exist in modern society, since they were all standing behind the cannons. If it were the common people of the Qing Dynasty, they certainly would not have such awareness, because the cannons of the Qing Dynasty seemed to be used more often against their own people.
……
“Zhang San, exactly what did you say in class?”
Back home, Xu Zhiqian stamped her foot hard and chided, “A matter of such importance, and you actually wanted to keep it from me.”
Zhang Fei lightly held her fragrant shoulder and chuckled, “I was just joking with you. Besides, it is not such a big deal; it was only a lesson.”
Xu Zhiqian puffed up with anger, “How is that not a big deal? Lord Fu himself said you could establish your own school and join the ranks of the Hundred Schools.”
“It might have been a misunderstanding.”
Zhang Fei mumbled sheepishly, “Even a casual remark by Confucius can receive a thousand interpretations. The meaning they understood is something I never even intended. I only wanted to teach those students a lesson, that’s all.”
Xu Zhiqian said, “You are already comparing yourself to Confucius, yet you claim you had no intention of establishing a school.”
“Um…”
“What exactly did you say?”
Xu Zhiqian asked, her voice tinged with both excitement and curiosity.
“Fine, fine, fine. I’ll tell you everything. Let’s go inside and talk.”
Once they were in the main hall, Xu Zun looked at Zhang Fei with the eager anticipation of a student thirsting for knowledge.
He had rushed back, hoping to use his relationship as Zhang Fei’s father-in-law to hear the next lesson first. Instead, he had been interrupted repeatedly by Sima Guang and Emperor Zhao Xu, which left him deeply frustrated.
Zhang Fei first explained to Xu Zhiqian the principles of systemic law.
After listening, Xu Zhiqian said thoughtfully, “Even though this makes sense, but there’s nothing special about it. It’s not enough to found a new school of thought.”
Xu Zun glanced at his daughter and said, “It is quite different. Has anyone ever told you that law exists to protect an individual’s legitimate rights and interests?”
Xu Zhiqian replied, “Is that really necessary to say?”
Xu Zun responded with irritation, “Throughout history, laws have only concerned the stability of the state. When has anyone ever claimed they were meant to protect individual rights?”
Xu Zhiqian countered, “But if the state is stable, doesn’t that mean individuals have their legitimate rights? Father, you’ve always said that only when the land is peaceful can the common people live and work in peace.”
Xu Zun was left speechless and turned to look at Zhang Fei.
Zhang Fei nodded and said, “It does seem reasonable. What do you think, Father-in-law?”
Xu Zun snapped, “You came up with the problem, so why ask me?”
Zhang Fei looked aggrieved. “I already told you, I was just trying to make things difficult for those students.”
Xu Zun asked skeptically, “Is that really true?”
Zhang Fei nodded earnestly. “It is.”
Xu Zhiqian was puzzled. “You just mentioned it in passing, and yet it stumped Lord Fu and the others.”
Zhang Fei mumbled awkwardly, “I ran away quickly. If the conversation had continued, they might have caught me.”
“But Lord Fu also said afterwards that you could establish your own school of thought. That means what you said must have been quite sound.”
Xu Zhiqian’s eyes lit up. “Just treat me as one of your students. Try to stump me.”
Zhang Fei blinked. “Didn’t you refuse to do that when we were in the carriage?”
Xu Zhiqian was momentarily stunned, then her face flushed. “That is not the same thing. This is an academic discussion. What you were doing then was……!”
As she spoke, she nervously glanced at Xu Zun, then shot a fierce glare at Zhang Fei.
Xu Zun was also curious. “What are you two talking about?”
Xu Zhiqian shook her head decisively. “Nothing.” As she spoke, she gave Zhang Fei a defiant look. “Try to stump me.”
“I’m meeting this kind of demand for the first time. Let me think.”
Zhang Fei considered it seriously, then said, “Suppose the government levies a tax of ninety percent on every acre of farmland. In one prefecture or county, the people pay it on time. They would rather starve to death than complain. The local security remains excellent, and the magistrate is even promoted because the court considers his governance outstanding.
But in another commandery or county, everyone refuses to pay the tax. They protest daily and riot constantly. The government offices are smashed, the magistrate has fled without a trace, and security is in total chaos. Which set of people lives better?”
“……!”
Xu Zhiqian, who had just been so arrogant, immediately furrowed her brow. She secretly glanced at Xu Zun, but her father was also pondering seriously.
This was indeed a problem frequently encountered in history.
When facing this issue, Confucians usually advised the emperor not to levy such heavy taxes. The river could lift the boat, but it could also overturn it. This was not wrong.
The trouble was that, when it came to commoners who caused trouble, the authorities would usually slaughter a chicken to frighten the monkeys; if the unrest was on a large scale, they might simply wipe the rebels out.
The message being sent was clear: even if you starve to death, you must not rise up against the authorities. This, too, was rooted in Confucian values, which ultimately prioritized the maintenance of the sovereign’s authority.
If it had been Wen Yanbo speaking, he would likely have recited some high-minded principle about sacrificing one’s life for righteousness.
But Xu Zhiqian had always possessed a chivalrous spirit. She abhorred such behavior and could not possibly accept the idea that starving to death was an act of righteousness. Therefore, she said, “Collecting a ninety-percent tax — surely that goes against common sense.”
Ninety percent did not make sense? You have not seen officials collect taxes for the next hundred years in advance. Zhang Fei laughed. “Stop arguing about whether it is reasonable or not. Just tell me what you think.”
Xu Zhiqian paused to think, then turned the question back on him: “And what do you think?”
Zhang Fei let out a sly laugh. “This is my method of teaching. I am the teacher; I ask the questions, and the students answer. But with this particular question, no matter how you answer, I can refute you.”
Xu Zhiqian realized what he meant. “So that is how it works.”
Xu Zun truly believed him this time. The boy was clearly calculating how to handle those students. They had misunderstood him. He immediately said, “This method of teaching is not to be encouraged!”
Zhang Fei hurriedly explained, “Father-in-law, I assure you, I genuinely intended to share some experience with them. It was they who started targeting me first. If I had not stood up to them, the lesson would have been impossible to continue!”
Xu Zun nodded in understanding.
Xu Zhiqian sighed dejectedly, “So it was all in vain.”
Zhang Fei paused, slightly stunned. “Why? Were you hoping I would found a school of thought?”
Xu Zhiqian replied immediately, “Of course I was!”
From the very beginning, she had hoped Zhang Fei would rise to prominence and become a great man. She had never liked the way he spent his time on doing business.
Zhang Fei said casually, “Well, since you wish it, I will try to develop in that direction.”
Xu Zhiqian felt a sudden warmth in her heart and cast him a flirtatious glance. “You have no such talent.”
Zhang Fei smiled honestly. “Let us see.”
Watching the couple from the side, Xu Zun shook his head with a bitter smile. He, too, felt a touch of disappointment.
In the end, it had all been a misunderstanding.
……
The next day, as soon as Xu Zun arrived at the gate of the imperial city, he encountered his friend Liu Zhao.
Seeing that he had arrived, Liu Zhao hurried forward, clasping his hands in a continuous bow. “Congratulations! Congratulations on finding such a fine son-in-law.”
Xu Zun looked startled. “Don’t tell me you only just found out that I betrothed Qian’er to Zhang San?”
Liu Zhao replied, “But I did not know that your son-in-law had the talent to found a new school of thought.”
Xu Zun’s face flushed red, and he said in a low voice, “It was just a misunderstanding.”
“A misunderstanding?”
Liu Zhao said with a smile, “Brother Xu, please don’t be modest. Although I didn’t go yesterday, I heard all about it. It must be that you guessed I’m going to ask you to take me to the lecture, and you are saying that just because you are unwilling to bring me?”
Xu Zun was both exasperated and amused. “If you want to listen, do you still need me to take you?”
He was an official himself; surely he didn’t need anyone to lead him to the College of National Scions?
Liu Zhao said immediately, “If you don’t bring me, I definitely won’t be able to go. There are countless people wanting seats at the College of National Scions now. How could my turn come up as a lowly secretariat clerk?”
Xu Zun was surprised. “Really?”
“It’s true.”
“Ah, no! This is troublesome.”
“Troublesome?”
Liu Zhao asked, “What do you mean by that?”
Xu Zun glanced around, then said in a low voice, “This really is just a misunderstanding. Let’s go, let’s go. I’ll explain to you as we walk.”
……
The Cao residence.
“Father!”
Cao Dongdong entered the room and said very seriously to Cao Ping, “I have something I want to discuss with you.”
“Are you short of money?”
Cao Ping picked up his teacup and blew on it gently.
Cao Dongdong immediately said, “How could I trouble Father with such a trivial matter? I have always handled it myself. I want to study.”
“Pfft!”
Cao Ping immediately sprayed out a mouthful of tea, quickly wiping his mouth. “You… what did you say?”
Cao Dongdong said, “I want to study.”
Cao Ping’s eyes welled up. “Truly… is it true?”
Cao Dongdong nodded firmly. “I want to go to the law academy and study with Little Ma and the others.”
“Law academy?”
Cao Ping froze.
“Yes!”
Cao Dongdong said, “Isn’t it normal for us police officers to study law?”
“Go away! Go away!”
Cao Ping said, “Don’t stir up trouble. Look at yourself and see what you are made of.”
Evidently, he had also heard about the matter.
Cao Dongdong said, “I’ve already talked to Zhang San. He said those students are so ignorant it’s impossible to teach them, and it drains him just having to instruct them. If he could teach us, that would be wonderful. In fact, he even suggested that our police officers organize a group to take classes.”
“You rascal!”
Cao Ping cursed under his breath. “Don’t even think about it. Get out.”
Cao Dongdong pouted with a look of grievance. “That systemic law was explained so well.”
Cao Ping asked, “What did you say?”
Cao Dongdong huffed, “Studying is my rightful interest. That is what such a trivial matter is.”
Cao Ping asked, “Is asking your father for money also your rightful interest?”
“I’m going off to play football.”
……
Reform Planning Commission.
“Mentor, there’s trouble over at the mathematics academy.”
Lu Huiqing reported to Wang Anshi with evident anxiety.
Wang Anshi asked, “What happened?”
Lu Huiqing said, “Not a single person signed up.”
Wang Anshi said in surprise, “Not a single person?”
Lu Huiqing nodded. “All the students planning to take the imperial examinations next year have signed up for the law academy instead.”
Hearing this, Wang Anshi immediately let out a breath of relief. “They didn’t go there to sign up. They went to argue with Zhang San. After the argument is over, they’ll come to our mathematics academy.”
Lu Huiqing asked, “Can an argument like that actually end?”
Wang Anshi said, “Zhang San won his first lesson by catching them off guard. Now that everyone has studied the material, it comes down to true learning. Do you think he can argue against all of them alone?”
Having said this, he smiled faintly. “As long as Zhang San loses the debate, I doubt anyone will go to the law academy.”
Lu Huiqing looked worried. “Mentor, please do not forget. When Zhang Fei went to court, everyone thought the same way.”
Wang Anshi let out a sigh. “This is a dispute of learning, not a lawsuit. Besides, that systemic law of his has many inherent flaws; he cannot possibly win. Moreover, Sima Guang has already postponed all his lessons. We don’t even know when they will start yet. Rest assured.”
Lu Huiqing remained skeptical.
While that reasoning made sense, he had previously assumed Zhang Fei would suffer some setback. What he had not expected was that the first lesson would not only allow Zhang Fei to escape unscathed but also stir up such a great commotion.
You're at the latest available chapter
No further chapter has been posted yet. This does not mean the story has ended.
Back to novelFind another readIf you find any errors (non-standard content, ads redirect, broken links, etc..), Please let us know so we can fix it as soon as possible.
ReportUse arrow keys (or A / D) to PREV/NEXT chapter
Loading comments…