Section 1373 Breaking and Standing (1)
"Your Majesty......" Zhao Yu, the court captain, led seven or eight book-holding imperial historians to Liu Che, and bowed with a bow: "The ministers respectfully ask Your Majesty Sheng'an ......"
"Bow down!" Liu Che smiled slightly, and ordered left and right: "Give a seat to the court lieutenant and the princes!" ”
As a result, Zhao Yu and his book-bearers were immediately invited to sit down on both sides, and eunuchs brought tea, snacks and even wine. Pen, fun, pavilion www. biquge。 info
"I invited Tingwei and Zhuqing to come here today, but I want to ask Tingwei and Zhuqing to explain to me the difference between 'public notice' and 'non-public notice' since the establishment of the dynasty, as well as the changes and ......stories of the laws," Liu Che smiled and said: "What is the one who asked Tingwei to tell me about the 'public notice' first?" ”
"Your Majesty: The minister is foolish to think that the public office is the one who sues, and the public is also!" Zhao Yu immediately got up and bowed: "If Xiao Xiangguo originally decided the "Nine Chapters of Law", it said: thieves kill and injure, steal others, and the public will sue them!" ”
Liu Che is naturally very aware of the context of this matter.
In fact, as an emperor, it was a little difficult for him to think clearly.
Because the law has always been the most advantageous weapon for interest groups to fight against each other.
Under normal circumstances, it is the law that determines the system of the state and the way it is governed.
And now, Confucianism, Legalism, and the Huang Lao faction have launched an invisible war around the Han law.
But as an emperor, there are times when you need to pretend to be stupid, for example, Liu Che pretends that he has never heard of the disputes at all.
Therefore, Liu Che smiled and said, "I see...... So, please tell me about the changes and stories of the 'public notice' and the 'non-public notice' in this Han law......"
"No!" Zhao Yu and all the book-holders of the imperial history bowed one after another.
"Your Majesty, Chenman has been instructed to explain to Your Majesty the changes in the laws and regulations over the ages...... a middle-aged official who did not smile said.
"This, so Wang Yuanzi, the left prisoner of the court captain......" Ji Di introduced softly.
Liu Che nodded, Wang Yuan, he knew that it was a veteran of the Three Dynasties, who had served as a staff member for Wang Ling of An Guohou and Zhang Cang of Beiping Wenhou, and later served as Zhang Shizhi's assistant after being recommended by Zhang Cang, and his business ability was very good, and he belonged to a typical official of the Taizong Dynasty.
Before the first emperor ascended the throne, this old minister had already paid tribute.
And his three sons all served as officials in the Han family court system.
Even, the eldest son Wang Zheng also participated in the trial and liquidation of the case of rebellious aristocratic officials in the territory of Wu State, so he accumulated merit and moved to the county guard of Huiji County.
As for the person in front of him, Liu Che has also heard of it.
It is said that he is also a lecturer of Taixue, and he is quite famous among Taixue's students - at least, he is one of the few young people who can sit and discuss with Hu Wusheng and Dong Zhongshu without stage fright.
In the hall, Wang Man had already picked up a bamboo slip and began to explain.
Today, when the Han Dynasty has begun to promote the application of white paper, the bamboo slips that can appear here are naturally antiques, all of which are witnesses of history, and even some bamboo slips are precious materials written by those famous people.
For example, the nine-chapter law written by Xiao He, the "Pang Zhang" presented by Shusun Tong, and the recital and law written by Liu Bang and Empress Lu.
At this moment, what Wang Man is holding in his hand is such a bamboo slip.
He opened them one by one, and then read: "At the beginning, Xiao Xiangguo established nine chapters of law, and his "Confession Law" said: If a thief kills and injures and steals others, the office will sue him. ”
"Children steal their parents, and their parents kill, injure, and slap their children and slaves, and they don't sue the public!"
“……………………”
Wang Man recited more than a dozen laws in a row, these are the laws of the early Han Dynasty, the Qin law copied by Liu Bang and Xiao He, basically, during that period, there may be differences between the Chinese law and the Qin law, but at most it is a Chinese translation.
It's like a copy-and-paste party in later generations, at most changing the names of the protagonists and supporting characters.
In essence, the foundation of Han law is still Qin law, which is derived from Li Kui's law scripture as the foundation.
At that time, the law was really simple and crude.
The vast net compiled by the Legalists is almost all-encompassing.
Liu's real originality, it will have to wait until the period of Emperor Hui, the eighteen chapters of "Pang Zhang" presented by his uncle and grandson.
But this is not a law, strictly speaking, it is just a code of etiquette.
Moreover, because of the embarrassing position of Confucianism in the world, Shusun Tong did not dare to have any requirements and norms for the royal family and princes.
Therefore, this "Pong Zhang" only stipulates the etiquette between scholars and nobles and the etiquette of these people to worship the Son of Heaven.
Any more and more.
Otherwise, Sima Guang of later generations would not beat his chest and lament, rolling on the ground: Sorry husband, uncle and grandson are born as small instruments! The chaff of stealing the rite in vain, in order to be in accordance with the world, vulgar, and favor, so that the gift of the first king has fallen into disgrace, so far, is it not painful!
Therefore, Wang Man also skipped "Pang Zhang" directly, and said: "This is not the case with Empress Lu, and the law is strict, so his office is increasing day by day, and family crimes are gradually becoming public crimes......"
"As Empress Lu ordered: The wife is fierce and the husband beats him, it is not a blade, don't be guilty!"
"He also ordered: The wife beats the husband, and the patience is the concubine!"
“……”
Liu Che listened but smiled slightly in his heart, everyone said that the world died with weakness, and Han died alone with strength.
How did the Han Empire do it, even if the world fell apart, the princes of a town could chase the north and beat the world?
The answer is in the law.
It's hidden in the rules and regulations of the Chinese law.
One of the most important features of the Han law is that it affirms the authority of the male as the head of the household under the feudal monarchy.
For example, each of these laws was intended to uphold the authority of the male master.
The husband beats his wife, as long as he does not use weapons, he will fight in vain, but if the wife dares to resist, I am sorry, and I am a concubine.
Patience is a kind of punishment, humiliating nature, which means to shave off the hair, what is a concubine? The concubines in the family are no different from the slaves.
The meaning of this law is that if the Hedong Lion dares to beat her husband, then she will abolish the concubine, that is, I'm sorry, you are not the main palace,
But the problem is that since the status and duties of husband and wife have begun to be stipulated in the Han law, then the position and power of the female master will definitely be protected.
Therefore, in the "Household Law" of the Han Law, women are allowed to be the head of the household, and women are allowed to enjoy the right to inherit property and the right to leave when their husbands break the law or are at fault, and can take away their own property, dowry and even children and slaves.
This was unthinkable in feudal times.
And the reason why these laws exist is because at the beginning of the Han Dynasty, the population of the world withered, and there was no one in ten household registrations.
In order to encourage productive life, but also in order to restore the social economy, the rulers had to make compromises.
Women are allowed to take on the burden of the family as the head of the household.
Today, although women cannot hold up half the sky, they are also indispensable and the main labor force in society.
When the male master is there, the man ploughs and the woman weaves, and the husband sings and the wife follows, and once the male master is unlucky, the woman can also provoke the whole family and support the whole family.
Just like last year's Gaoque Battle and this year's Swallow Thistle War, the young and strong people in the north basically participated in the war.
The farm work and household chores at home are basically handled by women.
Females, although their physical strength and endurance are not as good as males.
However, the women of the Han family are all good at weeding, fertilizing, tidying up housework, and taking care of the elderly.
Some hard-working women are not even worse than men.
In the entire Han family, women can contribute almost one-third of the labor force in the family.
What does this mean?
This means that in terms of the same population and national strength, the population of the Han Dynasty can explode more than one-third of the power of other dynasties.
If compared with the Song and Ming dynasties, the current population of more than 60 million in the Han family is probably already a force that can only break out with a population of 100 million.
At present, the Han family does not have a group of civil officials and landlords who can cover the sky with one hand, and there are no all kinds of party disputes that drag their feet and engage in internal strife.
Therefore, in fact, now Liu Che's empire, if calculated purely in terms of national strength, has surpassed the strength of Song Ming.
At least, Emperor Chongzhen could not command as much army as Liu Che, and the money in his pocket did not add up as much as Liu Che's fingers.
Of course, the Han family was able to have so many perfect laws about internal disputes and settlements within the family, thanks to Empress Lu.
Empress Lu came to the dynasty as the heroine, in order to maintain her status and convince the people of the world, so the political status and family status of women were legally protected and maintained.
In essence, the folk family is the same as the Liu family in the palace.
When the male master is present, the wife, although a vassal, is also an important member, another element of the family.
When the male master dies, his wife, as a matter of course, can become the master.
All members of the family must obey and be filial to her.
Otherwise, it is unfilial, unfilial, and lose your head!
Therefore, although Empress Lü died and the Lü clan was purged, the laws enacted by Empress Lü regarding internal disputes and civil litigation among the common people are still alive.
And high-quality female labor, in the current Han family, especially in Liu Che's eyes, is an indispensable and important support for China's industrialization in the future.
On the other hand, it is precisely because of the power of women in social production and the economy that cannot be underestimated that supports their position in society and in the family.
Let's take Liu Che's mother-in-law's Pavilion Tao as an example.
This eldest princess of the empire, although she is high-flying and has a strong desire for power, her ability and skills are probably not as good as ordinary men.
To be reasonable, in fact, the princesses of the old Liu family are domineering, just because they are stronger than their husbands.
Like Princess Lu Yuanchang, if it weren't for her, Zhang Ao, the Marquis of Xuanping, would have died a long time ago.
is also like Guantao's husband Tangyi waiting for Chen Wu, if Chen Wu hadn't married Guantao, he would have been washed clean in the reshuffle of the previous princely forces.
How can you continue to be so chic?
Yes, they deserve to be a little angry.
If they are the great general Wei Qing, where do they still need to be angry?
In essence, the only gentle and virtuous princess of the Lao Liu family, the eldest princess of Pingyang, is gentle and virtuous only because her husband is the general Changping Hou Weiqing.
It can be inferred that in the future, if industrialization comes, a large number of women will work in the textile industry, and the priorities of the family economy will be reversed, I am afraid that the equal status and affirmative action movement between men and women will also come.
Unlike the West, by that time, the princesses and lords of the empire will probably be the main force among them.
Thinking like this, Liu Che also felt quite funny.
However, Liu Che didn't want to meddle in such a thing as equality between men and women today.
He listened to Wang Man's narration one by one, citing them one by one, quoting the words of the prime ministers or court commanders of previous dynasties to confirm the story and background of the changes in the scope of application of the public and non-official notices in the Han Dynasty.
In his mind, since Liu Bang to the present, the changes of Hanlu are like the ups and downs of a stock market, with ups and downs.
In some cases, the application of the law extends even deep into the family.
For example, in the time of Empress Lu, the law stipulated that if someone rebelled, the whole family would be destroyed, but if the family members of the rebel reported before the rebellion or assisted the government in arresting the prisoner after the rebellion, they could be exempted from criminal responsibility, and even allowed the whistleblower, including his wife and concubine, to leave with his own legal property. (Provisions of the two-year law).
This applies to all criminal acts, including theft, homicide, fraud, and other illegal activities.
But when he arrived at Taizong, the relevant laws and regulations were suddenly relaxed.
The old Huang politicians who are in charge of the government, adhering to the concept of 'ruling by inaction', basically, as long as the people do not break the law, even if they break the law, as long as they do not make a big trouble, they are too lazy to care.
At the local level, various schools of Confucianism have also begun to clamor for 'relatives and concealment'.
If Liu Che doesn't intervene, in another twenty or thirty years, when they are full-fledged, they can completely change the law and smash all the shackles around their necks.
At that time, under the influence of capital, the power of the clan and the local village sages may be very difficult to govern.
Therefore, when Wang Man finished speaking, Liu Che first frowned, and then said: "I have heard that Han Feizi said: The direct minister of the husband, the violent son of the father, the filial son of the father, and the back of the king...... I think it's biased, but it's not unreasonable......"
As soon as these words came out, the faces of Zhao Yu, the court captain, and the imperial historians who held the book were about to laugh like a flower.
For Legalism, of course, it also advocates loyalty and filial piety.
In fact, the attitude of the hundred schools of thought towards loyalty, filial piety, etiquette and benevolence is the same.
But the question is how to choose when loyalty and filial piety cannot be both.
What Legalism advocates is that if loyalty and filial piety cannot be both, follow loyalty.
Confucianism believes that loyalty and filial piety must be both, if not, then be a filial son first.
Of course, there is an ethical issue here - when loyalty and filial piety cannot be both, the person who chooses to be a filial son should be a rebellious minister and a thief?
Mencius gave his own explanation for this: when someone asked him about the family tragedy of Emperor Shun, Mencius replied: Shun despises the world as much as abandons the world. Steal and escape, follow the seashore, live alone, happy and forget the world.
It means: If loyalty and filial piety can't be both, Shun, who chooses to be a filial son, gives up the world, runs to the beach, lives alone, and happily forgets the world.
Oh hehe......
Therefore, the choice of the Confucian scholars of the later Song and Ming dynasties in the face of foreign enemies can be explained.
He who has a conscience will repay the king when he dies.
Those who have discipline run into the mountains, live in seclusion, and do not ask about the world.
Those who have no conscience and no discipline kneel down to welcome the Qing Heavenly Soldiers into the customs......
And there are very few who are willing to fight for the world.
And this is something that Liu Che cannot tolerate.
Most importantly, this Confucian attitude clearly created an obstacle for Liu Che's descendants to rule the world in the future.
To leave the thorn Jing Ke said
At least 12,000 ~~~~~ today