噺 (8) 壹 Chinese net ωωω.χ8.òм 哽噺繓赽捌 (1) Novel 説蛧

The capital of Philadelphia.

The place where the people gathered, there was a lot of noise.

The chosen sages sat together, and below them were the crowd of onlookers, a wealthy merchant in silk stood in the center of the field, and next to him stood a man with a Zheng Guo accent, talking something.

This person who spoke with a Zheng Guo accent studied under Deng Xi.

At that time, Deng Xi was a famous lawyer in Zheng Guo, and he fought too many lawsuits in the people, so that the people of Zheng Guo only knew Deng Xizi's "bamboo punishment", but did not know Zheng Guo's official "Ding punishment".

Later, he took power and killed Deng Xizi, but he could not reverse the situation that Deng Xizi's bamboo punishment passed through Zheng Guo, and he could only admit that Deng Xizi's bamboo punishment was Zheng Guo's law.

After Deng Xizi's death, his disciples still had followers, and they were mainly proud of making a living as a lawyer with others, debating with others, and looking for contradictions in various theories and theories.

This person with a Zheng Guo accent has lived in Sishang for a period of time, and he also participated in this change in Fei Guo.

And he is standing here today, but as a lawyer, he defends the rich merchant in silk next to him.

Facing everyone's eyes, he didn't have the slightest fear, and said slowly after saluting people: "The sages elected by the people, the people of the Fei country, I am standing here today, and you also know what I am going to do. ”

"There must be laws and rules in the world. Since you believe that the righteousness of all people is the law, and you also recognize the definition of law, order, crime, and prohibition in the morality of the Mohists, then please listen to me. ”

"The plaintiff did hoard goods and the people were extremely angry, and he did manipulate prices, make profits from them, and infringe on others, which I all admit."

When the rich merchant heard this, he suddenly panicked in his heart and cursed in his heart.

Since the turmoil in the country, this wealthy businessman and some people have manipulated prices and hoarded some daily necessities to raise prices for profit.

But the people had already organized, and in their rage, they had the strength to break through the courtyard of the rich merchant and capture him.

At this time, the lawyer with a Zheng Guo accent found the rich businessman, claiming that he could defend him, the rich businessman was drowning when he encountered a straw, the people were angry at that time, no one wanted to touch this mold, but there was such a person who stood up, he thanked again and again, only said that if the matter was successful, he was willing to thank him with pearls, jade, gold and copper.

After the lawyer with Zheng Guo's accent finished speaking, it also aroused the voice of the people, and many people shouted: "Since you know, why not judge?" ”

Under the chaotic scene, someone rang the bronze bell, which allowed the scene to settle down.

The lawyer with Zheng Guo's accent said loudly: "But even if he does this, is he guilty?" ”

"Mozi said: Only harm is not guilty. Causing harm, if there is no ban, is not a sin. It is against the law to break the ban. ”

"I would like to ask, when he is speculative and hoarding, is there a decree that says that hoarding is not allowed? Since he did not say that hoarding was not allowed, even if he caused harm, how could he say that he had violated the ban, and how could he punish him with a decree? ”

"But not guilty, before the ban was specified, I think what he did was infuriating, but it was not guilty."

As soon as he finished speaking, Zheyangzi, who had become a "sage", got up and said, "This is a big fallacy. Now that there is no decree stipulating that the monarch cannot collude with others to slaughter the people, is the monarch not guilty? ”

"Is it wrong for the people to rise up against tyranny? Is it a sin for me to slash a tyrant? ”

"After all, you say that you are not guilty of harm, and it is a crime to commit forbiddenness. However, before the king was killed, there was a decree that he would be punished with death. ”

He was red-faced, as if he hated this kind of speculative hoarding and harming the interests of the people.

and constantly mentioned the matter of his own tyrant, and the people shouted one after another: "Zheyangzi is right! According to you, are we all wrong? ”

In the face of the surging public opinion, Zheng Guo's lawyer glanced at Zheyangzi, who was a tyrant and a sage, and smiled.

After saluting again on and off the stage, he said loudly: "No, you did the right thing." But why it's right, listen to me. ”

"The old man said: Man is the law of heaven and earth, and the Tao is natural."

"Mozi said: I have a heavenly will, like a craftsman has rules."

"Heaven is nature, and man wants to be natural."

In other words, they are convinced that man can use reason to discover eternal nature, heavenly will, and heavenly way. And then according to this law, we can make the world rule and benefit the world, right? ”

This is the foundation of the entire Mohist doctrine on law, and it is also about the source of the legitimacy of overthrowing the rule of the aristocracy, which no one opposes.

Seeing that everyone supported it, the lawyer with Zheng Guo's accent continued: "Such a law is called the law of nature. The root of the law of nature is the way of heaven and the will of heaven. So to be beneficial to people, it needs to conform to people's profit-seeking nature, and there is nothing wrong with that, right? ”

"Well, there is a big problem with this natural law."

"If I do something, even if it violates the law, then I think this law is an evil law, then as long as I think this is a bad law and goes against my personal interests, I don't think this law is correct, is this okay?"

His words aroused everyone's thoughts.

Because it involves everyone's interests, if he is right, then he is not guilty of rebelling against the tyrant. But how can that businessman be sinless and profit-seeking, which is in line with human nature?

If he was wrong, the merchant would have been convicted, but everyone was actually guilty, because the previous law did not say that the people were allowed to rebel.

It's a paradox no matter how you look at it. If you admit your innocence, then the merchant is innocent; To admit that the merchant is guilty is to be guilty himself.

When everyone was speechless, Wei Rang stood up and said, "What you said is not right. ”

"Mozi said: In ancient times, there were hundreds of people and hundreds of righteousness, and the world was chaotic. Righteousness is profit, and everyone seeks profit, that is, everyone seeks harm, because everyone can harm others for their own selfish interests, which is not good for the people of the world. ”

"When discussing whether the law is in line with the will of heaven, it is the people of the world who should be discussed, not the individuals. I am not guilty of seeking profit, but if I seek profit and hurt the interests of others, it is against nature. Naturally, the people of the world are born to make people's lives better, and the people in it are everyone, but not a certain person. ”

Zheng Guo's lawyer saluted Wei Rang and said, "Your words are reasonable. In other words, you think that some of the Fa is determined by man, and whether the Fa determined by man is right or wrong, good or bad, depends on whether it conforms to the will of Heaven and is in harmony with nature. ”

"Those who do not agree with it are evil laws, and they can not be obeyed."

"Yes, that is the good law, and it must be obeyed."

"So, since you ask this, is it illegal for Shang Tang to kill Xia and King Wu?"

"Although there was no paper in ancient times, and there were very few records, I think that at that time, Xia Wei and Shang Xuan both formulated laws, and the law must stipulate that there can be no rebellion, which should be right?"

After Wei Rang thought about it, he quickly replied: "Shang Tang, Wu Wang, this is against the law of human determination. However, at that time, the law set by people was not in line with the will of heaven and nature, and it was contrary to the interests of the people in the world, so although Shang Tang and King Wu violated the law, because this law was not in line with nature, it was invalid. ”

Therefore, Shang Tang and King Wu are not guilty. Although Mozi said that it is a crime to commit a ban, he also said that Tianzhi is the rule, and Tianzhi is the greatest. ”

The lawyer with Zheng Guo's accent nodded and bowed: "That's the truth." The supreme law in this world is nature and heavenly will. Then there is the law of man. ”

"The decrees of the previous kings, which did not benefit the people and endangered the rights of the people, were contrary to the laws of nature, so it was not wrong to overthrow the tyrants. This is in line with the will of God. ”

"Exactly, the Tangwu Revolution, the revolution is not guilty."

These deafening eight words were spoken, but everyone present did not react much, just nodded in agreement.

The original anger was gradually alleviated as the lawyer with a Zheng Guo accent publicly expressed his support for the people.

Zheng Guo's lawyer said: "However, even Mozi, can he know all the heavenly wills? ”

Wei Rang shook his head and said, "No." For example, if the earth is round under your feet, this cannot be known before, for example, why the sun is hot. No one in the world can say that they know all the Heavenly Wills, and the Mo family only gave a way to verify the Heavenly Wills, but it takes a long time to know all the natural ways. ”

Zheng Guo said: "In this way, natural law needs to be constantly changed according to people's understanding of Tianzhi. Today's incident may be considered by everyone to be in line with the will of heaven, but tomorrow may not be right, is that right? ”

"Of course, there are some things to know. For example, the Tangwu Revolution and the Revolution are not guilty. As long as tyranny infringes on the interests of the people and harms the people of the world, then it must be wrong, this is a criterion. There are other rules, such as not to plunder other people's private property, because the land belongs to nature, and people make the land belong to the laborers through labor, so it is also against the will of nature to plunder other people's property. ”

"The law is made by the righteousness of the people, and the law that is formulated is the law of man. This method should be based on the natural will of nature, but it cannot directly use the will of nature, is this true? ”

When he asked this, everyone present, including Wei Rang, had to nod and said, "You're right. ”

The lawyer with Zheng Guo's accent bowed to the crowd and the people again, and said, "Then, the question is very simple. ”

"First of all, any Dharma should be in harmony with the eternal will of nature as the best Dharma. Then, the way of nature can be used as the outline of man's law. ”

"If we want to make laws, we must separate the constitution and the law."

"The constitution is nature, and it is the will of heaven. For example, the interests of people, the rights of people, the interests of the world, and the wealth of the world, this is the general outline. ”

"The law is set for people and is for the righteousness of all. If the murderer dies, the wounder is punished, and the thief is imprisoned and labored. ”

"You must understand that the death of a murderer is not a matter of heaven's will, not of nature. Rather, because the murderer violated the right to life of the person who was killed, after everyone agreed, he should be put to death. ”

"Tianzhi didn't say that the murderer died."

"Tianzhi only says that people should live, and people have the right to life. The law of the death of a murderer is beneficial to both human beings, in harmony with the will of heaven, and in harmony with nature, so this is a good law. ”

"Only by knowing the most basic will of heaven and the most basic rights of human beings, using reason, and using the Mohist method of knowledge to introduce the death of murderers, can it be beneficial to the right to life of people in the world."

"Instead of saying, Tianzhi said, the murderer dies. Tianzhi is only speechless, life is in heaven and earth, and living is the greatest benefit. That's what we are. Using the rationality of the telltain, the death of the murderer should be the law. ”

The lawyer with Zheng Guo's accent finally concluded: "Therefore, Lao Dan said that the Tao is natural, and Mozi said that I have a heavenly will like a craftsman has rules, which is talking about natural law." ”

And Mozi also said that only harming is not guilty and committing prohibition is a crime. The murderer dies, and the wounder is punished. This is the law of man. ”

"Man's law should be in harmony with nature. But what is innocent applies to the law of man. Tang Wu Revolution, Revolution is not guilty, this is the law applicable to the will of nature. ”

"Shang Xuan and Xia Wei did not violate the law of man, but the law they formulated violated the will of heaven, so the people of the world did not need to obey their law. Because nature is greater than man's determination, man must conform to nature, otherwise it can be overturned and changed. ”

"Then, you only made it a crime to hoard goods yesterday, and this is only a human law, and it is applicable to Mozi's statement that only harm is not guilty. However, this man had hoarded before yesterday and had been arrested before yesterday, so he was not guilty. ”

"But if you do it again, it's a sin. Hoarding goods, raising prices, and subverting the bazaar are not related to the constitution, nor are they against the will of nature, but only against the laws made by everyone. ”

"Therefore, I think that he should be pardoned for his innocence!"

Moreover, since nature and the will of heaven are the key elements, if the law of man does not conform to the will of nature and heaven, it can be changed. The state must be indispensable, and the formulation of laws must be in accordance with nature and heaven, so I believe that the constitution should be formulated first, and then the laws and regulations. ”

Otherwise, how can we know whether the law enacted is contrary to nature and the will of heaven? There must always be a criterion for making laws, and we can't just say what is a sin and what is wrong. Even if this law is a good law, it also violates the morality of the Mo family. This is like a person who inadvertently shot to death the king of Shang when he was hunting, and the king of Wu raised an army to make the king die in Lutai, which is also the death of the king of Zhou, it seems that the result is the same, but in fact it is not the same at all. ”

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