Chapter 16: The Battle of Words
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Du He didn't have any surprise for the eldest grandson Wuji to stand up at this moment. The pen "Fun" Pavilion www.biquge.info this is all reasonable, which is also the biggest difference between Du He and the eldest grandson Wuji.
The eldest grandson Wuji has such a sentence in the "Law and Rites": "All people make words and butterflies, and add to their forms, it is not as good as those who are accused, and they will be flogged fifty." If the crime is increased, the false accusation will be reduced by one degree. ”
The profession of lawyer is very popular in later generations, and many legal matters in China are inseparable from lawyers, and in other countries, lawyers are even more transcendent, and some can even reach the top and become the president of the country. However, I don't know that before the Ming Dynasty, when lawyers were still called lawyers, this profession was almost everyone's shouting.
During the Spring and Autumn Period and the Warring States Period, Zheng Guo was a statesman of Deng Xi, who was regarded as the originator of ancient lawyers. He is good at litigation, and his debating skills are unmatched, and he is the kind of person who can say that the dead are alive, and the straw is gold. The evaluation given to him in the history books is "to say that there are two things, and there are endless words; Persist in it, and make sense of it" means that he is unparalleled in his eloquence, and his exit is the truth, even if it is a matter of death, he can also discern a way to live.
He created a doctrine called the "Two Arguments," which, in the orthodox view, is a kind of "taking what is right and what is wrong." The sophistry of "right and wrong" is, simply put, an ambiguous theory that confuses right and wrong.
Because of this set of sophistry theories, he found many loopholes in the law, and used it to fight lawsuits, which is invincible. No matter who is right or wrong, he can win. It is also because of this that Deng Xi was also feared by those in power, who thought that he was the source of the chaos and killed him.
Since then, the lawyer has been synonymous with exploiting loopholes in the law, and is known as the foundation of a chaotic country.
After Deng Xi, the lawyer did not break off, but there is no doubt that once the lawyer fights a lawsuit for others and wins, it will be fine, and once he fails, he will be guilty of increasing the number of crimes, etc., and will be severely punished.
Therefore, the eldest grandson Wuji increased the punishment of the lawyer in the "Law and Rites". In the Song Dynasty, it was even worse, and before the Yamen closed the case, it almost had to be a lawyer first. Therefore, in this era, "lawyers" are often regarded as unstable elements that affect social harmony and pick out lawsuits.
Du He didn't think so, he felt that the existence of a lawyer was still very necessary. If it really has no meaning of existence, it will not attract more and more attention. In the final analysis, it is the traditional culture that believes that power is supreme, does not recognize that there are conflicts and contradictions between power and rights, and the sense of power completely replaces the consciousness of rights, which is an extreme and extreme thought.
After seeing the attitude towards the lawyer in the "Law and Rites", Du He had the idea of justifying the name of the lawyer, and at the end of the book, he also wrote his own opinion.
It is clear that this move is a challenge to common sense that has been handed down for thousands of years, and the controversy it has provoked is obvious.
Sure enough, as soon as the eldest grandson Wuji said this, the government and the opposition were in an uproar.
Wei Zheng, Chu Suiliang, Ma Zhou, and Cen Wenwen, who had not yet seen the ministers behind them, sped up their reading speed one by one, and saw Du He's evaluation of the lawyer, and their faces changed slightly. They gave a very high opinion of Duhe's book. In his words, he secretly stated more than once that the content of this book is far better than the eldest grandson Wuji's "Law and Rites", and he didn't expect that in the last part, there would be such an undue mistake, and they all shook their heads and regretted it.
Du He said disapprerovingly: "The heel of the chaotic country, the foundation of the chaotic country, this is not true......
"Fei Ye...... eldest grandson Wuji looked upright and selfless, and said: "Lord Xiao Du and don't listen to the Spring and Autumn Period? This person is unparalleled in his eloquence, and if he wants to win a lawsuit, he will win, and if he wants to add to the crime, he will add to the crime. He once founded a private school, taught people to learn to defend lawsuits, and sought countless scholars, which led to the chaos of Zheng Guo. It's really incomprehensible that Lord Xiao Du is so pioneering for lawyers? ”
Deng Xi was a geek in that era, he litigated people, regardless of the rights and wrongs of the other party, and clearly marked the price. Big events, a set of clothes, a pair of pants for small events, and they became extremely rich in a short period of time, so that countless scholars were sought. Deng Xi's skill is to chew on the words of the law, and in different cases, he will make different interpretations at will, treating the law as nothing.
The same is true of his students, but in more than a year, Zheng Guo produced a large number of figures similar to Deng Xi, which caused Zheng Guo to be in chaos. Deng Xi was also convicted and sentenced to bamboo punishment.
The eldest grandson Wuji's words are obviously right and not personal, but secretly he points out that Du He has ill intentions and wants to let Datang follow in the footsteps of Zheng Guo, which is not serious.
Li Shimin, Wei Zheng, Chu Suiliang, Ma Zhou, Cen Wenwen and others all heard the sound, but they only thought that the eldest grandson Wuji was unintentional, although they felt exaggerated, but there was nothing wrong with it. As soon as he opened his mouth, he immediately gave a wake-up call to those counselors who wanted to trouble Du He.
Immediately, someone stood up and said: "Your Majesty, Deng Xi's disaster is a lesson from the past." Master Xiao Du, the best among the people, actually ignored it, I really don't know what his intentions are...... he is the official who wanted to oppose "compulsory education" before. At this moment, after receiving the inadvertent words of the eldest grandson Wuji, he suddenly opened his mouth and became a knife for him without hesitation.
Du He smiled nonchalantly and said, "Deng Xi's disaster is indeed a lesson from the past...... But if you don't know what you're doing, have you ever thought about it? Why was Deng Xi able to stir up the chaos of Zheng Guo? ”
Li Shimin and a group of important ministers, hearing this, were stunned for a moment, and then pondered.
Du He replied proudly: "The record in the history books is clear, it is because he seized the loopholes in the law, attacked the other side with the spear of the other, and attacked the shield of the other, which was successful." Therefore, I have always believed that the culprit of Zheng Guo's rebellion is not Deng Xi, but Zheng Guo's legal system, which has serious shortcomings, which makes Deng Xi repeatedly opportunistic...... On the other hand, as long as there are no loopholes in the legal system, then no matter how good Deng Xi's eloquence is, why does he have the basis for reversing right and wrong, and why does he say that the dead are alive? ”
Du He's words made the eyes of the Manchu Dynasty civilians and military brighten, and this truth is not that no one understands. It's just that some things, which have been passed down for thousands of years, have become a standard for measuring right and wrong. Just like Deng Xi, as long as you have read history books, you know that because of Deng Xi's talent as a lawyer, Zheng Guo was in chaos. This is recorded in the history books, and out of respect for the history books, no one has gone deep into them to think about it. What everyone thinks, then naturally it is true.
Now that Du He said this, it was like clearing the dark clouds in the sky, giving them a new idea.
Everyone couldn't help but think, "What Du He said is really not wrong...... is really as he said, Deng Xi can be invincible in the state capital, the key is that he can catch the loopholes in the law every time, if there are no loopholes to catch, then what can Deng Xi do? ”
"So......" Du He raised his voice: "I think the system in Zheng Guo is not rigorous enough, and it is not Deng Xi who finds the loopholes in the system." I think how King Zheng can be as good at accepting advice as His Majesty, and being good at correcting mistakes. The loopholes found by Deng Yi were corrected and made up one by one. I believe that in time, Deng Xi, who is invincible in the state capital, will be defeated in every battle because there is nothing to follow. Zheng Guo will also become stronger and stronger because of Deng Yi's existence, instead of chaos......"
When Du He expressed his opinions and thoughts, he did not forget to pat Li Shimin's ass.
Sure enough, Li Shimin, who was in love with him, listened to Du He's words, and was comfortable from head to toe, and his face also showed an interested look. He was not very optimistic about Duhe, because for more than a thousand years, the lawyer has been the kind of profession that everyone shouts about. This kind of thinking is deeply ingrained, and it is not easy to change.
But Du He's reverse argument made his eyes light up, and he felt a little interesting.
Du Ho continued: "It can be seen that there are pros and cons to the existence of lawyers, who specialize in one aspect of the law and are able to find out the loopholes in the law. My Datang legal system is certainly clever, but it may not be that there is no control to drill. Rather than ignorance of the loopholes, it is better to find out and improve them, so that my Datang law is more rigorous and perfect, which is one of the advantages of the existence of lawyers. ”
"A bunch of nonsense, strong words......" The Lu family's official face was pale, and when he saw that the matter was so misinterpreted, he was so angry that he almost wanted to jump to his feet: "Zheng Guo's disaster, the crime lies in Deng Xi, how can you be sure of it?" ”
Du He glanced at him with contempt and said, "This counselor, have you really read that allusion?" Zheng Guo's rebellion was not in Deng Xi, but in the disciples and grandchildren he taught. It can be seen that as long as you master the know-how, everyone can become Deng Xi. The reason for chasing down is naturally because of Zheng Guo's own fundamental existence. ”
The counselor was speechless.
Seeing that Du He had the upper hand again, the eldest grandson Wuji couldn't help but say, "Little Lord Du's words are a different way...... It's a bit interesting, but it's not enough to show that there are lawyers, and the benefits outweigh the disadvantages. Even if you don't do anything, there will still be individual litigators who will flout our Datang law for the sake of money and exonerate others from their lawsuits. ”
Du He secretly called "amazing", this eldest grandson Wuji is really not comparable to others. The fluttering sentence immediately pointed out the key point. As the eldest grandson Wuji said, because the status of a lawyer is extremely low, no real capable person is willing to be a lawyer. Most of the people who become litigators are the kind of desperate scholars who are forced by life, they extort money and profit, and harm the parties, and some even use tricks such as fabricating evidence and framing for profit, making things out of nothing, reversing right and wrong, and being derogatorily called "litigants".
It is also because of this that all dynasties and dynasties before the Ming Dynasty spared no effort to punish lawyers.
The eldest grandson Wuji grasped this point, which was to hit the key point.
Du He smiled calmly and said, "I don't deny that what Lord Eldest Sun said is the truth, but I must not generalize from partiality. I have a true story, in Jiangnan, because a woman blocked the way, the domineering local tyrant kicked a village woman to death, and the local tyrant took out ten taels of silver as compensation. The woman's family, seeing that they were interested in wealth, did not go to the government to file a complaint. This matter was encountered by a lawyer, and the lawyer saw that the road was uneven, so he drafted a pleading, writing: '...... The husband has ten taels of silver tattooed on his body, and he can already kick one person to death, and if the family has gold and ten thousand yi, he will slaughter the city? In just a few words, the lawsuit was written sonorously and forcefully, full of righteousness, and vividly outlined the viciousness and tyranny of the local tyrants...... The lawyer is also called the sword and pen officer, and he is no different from the people of the world. The pen can kill and live; The text can do good, it can also be evil, the knife and pen are always manipulated in the hands of people, with straight for straight or straight for straight, depending on the straightness of people's hearts. ”