Chapter Eighty-Three: The Law and the Confucianism

After Shi Bufan threw out this theory of Confucianism, everyone was also listening carefully. Shi Bufan has just summed up the theories of Confucianism in the past dynasties, but he ran out of a Confucianism again, which happened to be reversed.

"The so-called Confucianism of the law is to use the means of Legalism to govern the country on the surface, but when formulating the 'law', it adopts the Confucian idea of benevolence to formulate the law. All take benevolence as the foundation of legislation, and benevolence as the core of legislation. With benevolence and virtue as the basis of legislation, the thinking of punishing the former and curing the disease and saving people is adopted to legislate. Anyone who makes a small mistake is given a chance to mend his life and start anew. And those who have committed serious crimes, or who have repeatedly refused to change, will be severely punished. In general, small mistakes are not mainly based on severe punishment, but mainly on education. This is the opposite of the Legalist harsh law. On the surface, we use Legalist means to govern the country, but in our hearts, we still uphold the benevolence and virtue of Confucianism to govern the country. ”

And benevolence is also formulated according to the conscience of all the people in the world. Public morality, which is universally recognized by all the people of the world, is the foundation of legislation. Only laws that conform to the public morals of all the people in the world can be regarded as 'Confucian laws'. The law of Confucianism is the bottom line of the public morality of all the people in the world, so as to maintain the public morality of all the people in the world, so that everyone can be orderly and the fathers and sons of all the people are orderly, and all the people love each other, so as to maintain the minimum morality. In the future, we can supplement the means of education and gradually improve the benevolence and virtue of all the people, so that we can constantly adjust the regulations of this 'Confucian law' according to the public morality and thoughts of all the people in the world, and maintain the universally recognized order of the world. ”

Shi Bufan explained this Fa Confucianism, which made everyone present also talk about it, because this is a completely fresh thought, and even subverts the thinking of Confucianism and Legalism in the past. Confucianism is entirely about moral reform, but Legalism advocates harsh punishment and harsh law. And Confucianism is too soft, Legalism is too rigid, and neither of these is a good way. Later, the ruler summed up the strategy in the Confucian law, so it greatly continued the stability of the world. But now Shi Bufan once again proposed a strategy that happened to be reversed, that is, Fa Biao Ruli, which made everyone fall into a kind of contemplation again.

The most important thing that Shi Bufan said is in terms of legislation, and the legislative power advocated by Shi Bufan lies in legislating in accordance with the public morality recognized by all the people in the world. The legislative ideology is that the law is the bottom line of the morality of all the people in the world, the lowest point of maintaining a moral society, and the most basic order. This legislative idea is actually very advanced, and it is also the idea that is most in line with Confucianism. Confucianism has always paid attention to morality, but after all, Confucianism is too soft, and only advocates moral reform, but there is no very good way to deal with those who violate morality. However, Shi Bufan advocated the establishment of Confucianism as the core, and then used the state's profiteering machine and judicial institutions to maintain the most basic thing of Confucian moral law.

Of course, this morality is not a constant layer, but a combination of the "mind" advocated by Shi Bufan before. The core of this psychology is to dig out the "conscience" in everyone's heart, and then we can really make a law that can make as many people in the world as possible satisfied.

This is also the extraordinary legislative thread, that is, people-oriented, with the universally recognized morality of mankind as the standard. If human morality changes, then the law must also change. With morality as the core, law is the minimum of morality, which is also the extraordinary legislative thought.

Shi Bufan's legislative thought is considered to be the closest to that of later generations, and the legislative thought of later generations is people-oriented, and Shi Bufan's legislative thought in Confucianism is based on social morality, which is relatively the closest, and it is also the most acceptable idea of Confucianism in this era.

When Shi Bufan studied law, he naturally knew the Legalists of the ancient pre-Qin period. Ancient Legalists advocated the legal system, but this "legal system" is by no means equivalent to the "rule of law" in later generations. The core significance of the rule of law in later generations lies in the fact that the people elected some people as representatives, some countries called parliamentarians, some called representatives of the people, and so on. Then they will exercise the legislative power instead, and the government is responsible for the law, that is, indirectly responsible to the citizens of the country, so that the so-called "democracy" can be realized, which is the real "rule of law".

But the ancient Legalists were not like this at all. The core idea of the ancient Legalists was completely different, and the legislative ideas of the ancient Legalists were in the king. The legislative power of the ancient Legalists rested with the king, who claimed to have the constitution of heaven in his mouth and follow the law in his words. The legislative power advocated by the ancient legalists rested with the king, and the king was the only one who was above the law and could legislate at will. The king has the power to establish, amend, and even pardon laws. It can be said that the "legal system" advocated by Legalists is to maintain the idea of centralized power of the king.

The ancient Legalists were the tools of the king's centralization of power, which provided a theoretical basis for the king's concentration of power. The ancient "Legalists" advocated that the king had absolute legislative power, and all the people and courtiers must obey the "law". Demonstrate loyalty to the king by obeying the "law".

This is the biggest difference between the legislative power of ancient times and the legislative power of later generations, but it represents a completely different way of thinking about governing and dealing with the people. The citizens of the country in later generations are the masters of the state, and each of them has indirect legislative power, but it is exercised in its place through some representatives. However, the ancient one was completely the plaything of the king, and the ancient law was completely a means to maintain the king's rule. It is entirely in the personal interest of the king and the royal interest that this law can be enacted today for the benefit of the king and that it can be amended tomorrow.

Therefore, the ancient Legalists were not the "Legalists" of later generations, and there is a big difference between the two. The ancient Legalists represented the **** of the feudal monarchs, but the "Legalists" of later generations completely represented the ordinary people, and the classes represented by the two were completely different, and they must not be confused.

"The most fundamental purpose of the 'Confucian law' I am talking about is to maintain the education of all the people in the world. We can't expect all the people of the world to become saints in one day, but we can maintain the most basic benevolence and not cause chaos in the world. In the past, our Confucianism was too soft, so that those who violated morality were rarely punished severely, so it led more people to break through the bottom line of morality. However, we might as well learn from the methods of the Legalists, but there is no such harsh punishment method as the Legalists, which focuses on education, and will be severely punished unless they are extremely heinous or those who refuse to change their ways. In this way, we can avoid punishment for not teaching, and we can also let all the people in the world truly understand where the bottom line of public morality is and what things cannot be broken. Only when we first guard the bottom line of benevolence in the world can we make progress. But if we can't even keep the bottom line, then how can we make progress? ”

"There is a saying in the art of war, and those who are good at fighting are first invincible. We can also learn from the education of all the people, and first of all, we must maintain that the morality of all the people in our world will not collapse, so that we can make gradual progress. Otherwise, once it collapses, then after we rebuild order, we will still not be able to maintain the bottom line, and we will break through again and again, and we are all doing useless work. Therefore, I deeply realize that benevolence is incompetent without force, and force without benevolence is ****. We master the use of force with a benevolent heart, and the 'Confucian law' of punishing the former and curing the sick and saving people is the foundation for maintaining the order of the world. In this way, we can avoid Confucianism being too soft and Legalism being too rigid, which is the way to long-term peace and stability! ”

As for Confucianism, although it can educate the people, it cannot cover up the over-strength of the Legalists, and Confucianism cannot effectively correct the cruelty of the law. However, we legislate with the benevolence of Confucianism, so as to ensure the benevolence of the law from the foundation, kill cautiously and kill less, focus on education, and punish as a supplement, so that we can truly achieve long-term peace and stability, and the world will return to the heart! ”

After Shi Bufan finished speaking, Ren Yaxiang immediately shouted: "Shi Xiaoshulang said it well! ”

"Well said, Fa Biao Confucianism, this is the way to long-term peace and stability!" "That's right, what Shi Xiaoshulang said is good, great!" ……

Everyone expressed their agreement, even Kong Yingda said that he took the initiative to stroke his beard and expressed his satisfaction again and again. Because Shi Bufan, the status of Confucianism in Confucianism, not only did not suppress it, but to a large extent corrected the weakness of Confucianism. If the Confucian idea of benevolence and virtue can be used to legislate, then the influence of Confucianism in the world will not only not be weakened at all, but will be strengthened many times. In the past, Confucianism could only use moral influence as the main means, but now if it can set up rules and establish a moral "bottom line" through Confucianism's idea of benevolence, which is the origin of the "Confucian law", then the influence of Confucianism can be improved again.

Shi Bufan's theory of "Confucianism", even Kong Yingda knows that this theory may not be worse than the exclusive Confucianism advocated by Dong Zhongshu back then. Dong Zhongshu only respected Confucianism, but he did not really rule the world with Confucianism. However, Shi Bufan's proposition of legislating with the idea of benevolence and virtue, and then using it as a means to rule the people, is really a big part of progress. If this "Confucian law" is really realized, then Confucianism has truly penetrated into everyone's heart. Not only in the hearts of literati, but also indirectly into the hearts of every common people.

Who does Kong Yingda's Kong family rely on to eat, isn't it just that the descendants of Confucius are mixed to eat? The identity of the Confucian family is actually virtual. As long as Confucianism does not go out of business, then their Confucian family will always be the celebrities of this world, and there will be no place for decay.

Shi Bufan improved the status of Confucianism and increased the influence of Confucianism, which was only good for the Confucian family, not bad. Even if the interests of the scholars are damaged because of this, the Kong family doesn't care. Because the Confucian family attached more importance to the influence of Confucianism, the so-called contradiction between the scholars and the Shu clan had little impact on them.

"What Shi Xiaoshulang said today, even if it makes the old man pause! If Shi Xiaoshulang was born twenty years early, no, even if he was born ten years early, the old man might have bothered to come to apprentice! Kong Yingda replied.

Kong Yingda is showing his old face to build momentum for Shi Bufan, representing the Confucian family's formal acceptance of Shi Bufan's statement, using the law as Confucianism, and representing the Confucian family's recognition of Shi Bufan's theory. The Confucian family is a descendant of Confucius, and they recognize Shi Bufan's academic thought, which often means that Shi Bufan's thought is officially accepted by the Confucian core. In this way, Shi Bufan can obtain the title of "academic master" in the future, which will definitely have incomparably important benefits for his future career.

In this ancient context of close academic and political relations, this is mutually reinforcing. If you do a good job in academics, you can become an official, and being an official often has to rely on academic ideas to get promoted and govern, and even use academic ideas to criticize political opponents and fight. Shi Bufan's "Xinxue" thought, as well as the ensuing "Fa Biao Confucian" thought, represented that Confucius recognized his research results, and even accepted them as "orthodox".

"Master Confucius praised, who in the world doesn't know that Master Confucius is a master of Confucianism, and Master Confucius is also quite inspiring to me, I still hope you can give me more advice in the future!" Shi Bufan said.

Kong Yingda shook her head and said, "What else can I teach you?" In the future, you and I will be called senior brothers and younger brothers! ”

Countless people around are also envious, jealous and hateful, this Kong Yingda actually admits that Shi Bufan is a "junior brother", which means that they are equals. If you calculate it in this way, at that time, the "seniority" of the world's major families, and even in the academic and political circles has been increased many times! This generation is something that kills people. Chinese people like high seniority, and high seniority is a big capital. Seniority represents a kind of "seniority", so everyone envies Kong Yingda for being called a junior brother. Even Kong Yingda said just now that if Shi Bufan was ten years younger, maybe he would have come to apprentice with his face. If at that time, a large group of masters who are about the same age as Kong Yingda will vomit blood, and when the time comes, a senior uncle who is less than twenty years old will not faint to death?

At that time, almost all the scholars in the world were also extraordinary juniors, so how many people should be pitted? Kong Yingda's age, that is already not young, and there are not many people who are higher than Kong Yingda. So Shi Bufan became Kong Yingda's junior brother, and that generation is really incomparable, and he can go sideways in the academic circle.

"It seems that I will have to be careful in the future. Maybe someone will come and provoke me in the future, hoping to step on me and make a name for myself! Shi Bufan muttered in his heart, obviously whether it is martial arts or Confucianism, there is such a group of guys who are not afraid of tigers when they are just starting out of calves, hoping to step on the body of their predecessors to make a name for themselves and gain everyone's respect.

If I have a debate here this time, many people will definitely follow suit in the future, and this is also for sure. Perhaps, someone will hit the target on their head, and then they can take the opportunity to step on Shi Bufan.

"Senior Brother Shi, maybe you will be able to become another saint of my Confucianism in the future!" Kong Yingda said with emotion.

"Confucian sages?" Shi Bufan was a little speechless.

Shi Bufan never thought that he would be so praised by Kong Yingda, and he actually became a Confucian sage? Of course, Shi Bufan knew that it was impossible for him to deny that he was a "Confucian", because in ancient times, if you did not admit that you were a Confucian, you would definitely be unlucky in the end. Confucianism has dominated the entire academic world, and it is not okay to be different. Even if you want to stand on your own, you have to do it within the framework of Confucianism.

Later, Zhu Xi, and even Wang Shouren, didn't they all use the banner of Confucianism and then develop their own "private goods"? Confucianism in the Tang Dynasty was actually not the rotten Confucianism of the Ming and Qing dynasties. Confucius was not a decadent feudal old master, and Confucianism was actually distorted by later rulers. In order to facilitate the rule, the rulers of ancient people distorted Confucianism everywhere. In the time of Confucius, and even before the Song Dynasty, Confucianism was not so decadent and feudal, but very open, not outright feudal.

Shi Bufan was not disgusted with Confucianism before the Song Dynasty, or even before the Southern Song Dynasty, but they had a lot of academic ideas to promote social development. However, after the Southern Song Dynasty, Confucianism became more and more perverted and became incorrigible. Therefore, Shi Bufan did not object to being a Confucian disciple of the Tang Dynasty, and was even willing to change this Confucianism and change Confucianism into an idea more suitable for future development.

In the words of the time, this is also - another day!