Chapter 858: New Principles of Law

"According to legal theory, you need to have a surname." Li Qingzhao thought for a while and said, "For example, if you all call me Li Qingzhao, you won't call me Zhao Li." Our Great Song Dynasty does not have too strict legal documents in this matter. When the daughter of Zhede married General Yang Ye, she was also called the old lady. ”

Anna nodded to understand Li Qingzhao's words, and the Da Song she thought was really different from the real Da Song.

"Anna Komenina Zhao?" Anna said with a smile: "I heard that the Criminal Department of the Great Song Dynasty is writing a new "Criminal System" recently, may I ask how the new law is different from the past. ”

Zhao Huan looked for a long time from his sleeve and said: "The core of this time is the basic idea of Wang Yimin as the sky, the written law, and the set of laws established around the opposition to exploitation, so the law this time seems to be a bit excessive, the courtiers are still discussing each clause, and I have a first draft here." ”

Anna stroked her hair and said with a smile: "Aristotle has two views on the rule of law, the first is the knowledge of good laws, and the second is universal observance. I wonder if Your Majesty, do you agree with this point of view? ”

Aristotle's status in the West is the same as that of the pre-Qin sages, and he is the sage who shaped the moral values of the Western world. Zhao Huan naturally had no intention of slandering the other party's sages.

He said with a smile: "The prosperous era I envision is that the people have enough food and clothing, live and work in peace and contentment, and do not leave any roads behind and do not close their doors at night. This can be called the rule of the world, which is a supreme honor and the best praise for a king. This requires the restraint of law and social morality, and the dual constraints of law and morality are all based on material foundations. ”

And the law needs to be made by listening to the opinions of the people and being free from the prejudices of the people. This has led to a number of disputes, and the reason why these disputes are so fierce can be seen as the core of the law, whether it is against exploitation or in the service of the exploiting class. ”

Anna recorded Zhao Huan's words, and thought carefully for a long time before saying: "Whether it is law or moral constraints, they are all based on material foundations, so until today, the Great Song Dynasty still conducts sea trade and land trade with an open attitude, even if it is doing business in the Jin country, it is completely fine." ”

"The richer the whole society is, the higher the cost of crime will be, the richer the society will be, the more the cost of education will fall, and in terms of conduct, they will also be more constrained by themselves."

But isn't the establishment of a new set of laws centered on anti-exploitation against the interests of vested interests? Including the Honourable Your Majesty. Anna asked, confused.

Zhao Huan looked at Li Qingzhao's smiling flowers, in the logical ring of the East, the highest interest pursued is the "immortality" that lasts forever in the name, and this pursuit has prompted the birth of many pure people in this country of tens of thousands of people. This logic needs to be explained, but it is not something that can be explained clearly in a Decameron.

Anna needs to learn the philosophical core of Zhou Li first, and since she entered the palace, there have been old palace eunuchs teaching her these things. But whether we can understand philosophy from these red tapes depends on Anna's wisdom.

Zhao Huan said with a smile: "This brings to the second rule of Aristotle you said, which is universally observed. Since it is universally observed, this part of the law must be recognized by the majority, otherwise this law is just a shelved classic, and cannot become a tool to solve the contradictions in people's livelihood. ”

"And universal observance, including the class that made the law, must also obey this law, and if a law can only bind the people, but not the privileged class, it will be very pale and powerless. That's why it's so loud, and it's bound to harm the interests of countless people, but it's imperative for this law to be promoted. ”

Anna looked at the emperor of the Great Song Dynasty in surprise, in fact, this emperor had exceeded her definition of King Joseph, and she asked with a little panic: "Your Wise Majesty, I understand Aristotle more than I, a Roman, understand him. So may I ask Your Majesty, did the Great Song Dynasty recognize the existence of classes? ”

Zhao Huan glanced at Li Qingzhao with a smile, this question needs to be interpreted by Li Qingzhao.

Recently, the new "Song Criminal System" was formulated, and he made up a lot of related knowledge, and Li Qingzhao liked Jin Shixue very much, and added a lot of relevant knowledge for Zhao Huan.

In fact, this is not an understanding of Aristotle, but an understanding of the process of rule of law in the Central Plains Dynasty.

Li Qingzhao took a sip of tea, moistened his throat, and said with a smile: "The dispute between the rule of law and jurisprudence has begun to appear since the pre-Qin period. The difference between one word and its meaning is very different. ”

"Shang Jun once said that the prince is guilty of breaking the law and the common people are guilty of the same crime. In itself, it is a form of universal observance. And the requirements for the word universal are extremely high. ”

But he himself is a Legalist, and the existence of Legalism exists to protect the interests of the emperor. This led to a conflict, for which Shang Jun discussed the rule of law and jurisprudence separately for the first time in the Book of Shang Jun, and the Legalists still defended the emperor, but the rule of law had a universal concept in order to maintain the overall fairness and justice of society. ”

"Shang Jun and Qin Xiaogong jointly completed the first law, that is, the "Qin Law"."

After the deposition of Confucianism, Dong Zhongshu first advocated the judicial principle of the Spring and Autumn Prison Break, and formed a legal system of internal and external Confucianism and Confucianism. Time flies, in the former Tang Dynasty, the eldest grandson Wuji and Li Shiyun carried out a large-scale revision of the "Zhenguan Law", replacing the harm with reasonableness, covering the original situation, and thinking carefully and punishing the reason. ”

"The laws of the Central Plains Dynasty are constantly evolving, but with the continuous growth of the population, new contradictions have emerged, so we need to establish a new legal core to fight against exploitation."

After Li Qingzhao finished talking about the difference between the rule of law and legalism, he looked at the Great Song Emperor, and even if Li Qingzhao clearly understood some words, it was not appropriate for her to say them.

Zhao Huan took over the conversation with a smile and continued to add: "The objective existence of classes from ancient times to the present, the Central Plains Dynasty has never denied its existence, how to alleviate the contradictions between classes is a problem that the Central Plains Dynasty and all dynasties have been exploring. And I am just facing a new problem in history. ”

Every dynasty from prosperity to decline is extremely sudden, suddenly a pandemic, a catastrophe, the heyday of the dynasty collapsed, land annexation, collusion between officials and businessmen, disasters and epidemics under the people are not living, easy to eat, this purgatory-like scene, not only in Zhao Huan's mind, but really appeared in the long river of history.

Zhao Huan really didn't want to see that scene appear in the Great Song Dynasty under his rule, so he would take anti-exploitation as the core and establish a new law.

"And anti-exploitation must be put on the agenda, otherwise the contradictions between the classes of the Great Song Dynasty will ruin everything in the Great Song Dynasty. The prosperity of the present will be vanity. Everything I have done since I ascended the throne will become a grain of sand in the long river of history, insignificant. ”

"I hope that everything I do is a torrent in the long river of history, and I hope that it will go far to the Han and Tang Dynasties, which requires the people of the entire Great Song Dynasty to work together. This is also the theoretical basis for taking the people as the sky. ”

Anna was stunned with yearning, as if she had seen that scene, but she couldn't really imagine it. She said distractedly, "That's a lot of resistance." ”