Chapter 346: This Law Is Not Law

Most litigation between pen-in-caps relied on evidence. Without evidence, arguments in the courtroom would only appear pale and powerless. Even if stated, they would only invite opposition.

The fact is that when the Qin Dynasty adhered to Legalism, it ruthlessly suppressed Confucianism and achieved immense success. Confucianism had never done the same, not for lack of desire, but because it was incapable of doing so.

From this perspective, Legalism was clearly superior to Confucianism.

Wang Anshi stroked his beard and smiled faintly. His reform program was largely based on Legalist thought, supplemented by Confucian principles. Since his goal was to enrich the state and strengthen its military in a short time, Legalism was the only shortcut.

Yet he also knew that if the common people were living in misery, the nation could not be prosperous or strong.

He was pleased. Naturally, Sima Guang was frustrated. “I invited you here to lecture on litigation studies, not to bring up the debate between Confucianism and Legalism.”

Once this argument started, it would never end. Moreover, discussing the Confucian-Legalist dispute at this moment was extremely dangerous.

Pen-in-cap, you better be careful.

Yan Fu, as a great Confucian scholar, watched anxiously as his students were stumped. He was burning with urgency and took a step forward, but Wen Yanbo stopped him. “If Brother Yan speaks, you will have lost.”

Yan Fu paused, smiled sheepishly, and stepped back.

You are a great Confucian scholar of the generation. To argue academic matters with Zhang Fei, no matter who wins or loses, it at least proves that Zhang Fei is on the same level as you, Yan Fu. Naturally, he is qualified to serve as a teacher.

Just then, a young man in the front row stood up. “Legalism is stubborn, intolerant, and arbitrary. It cannot tolerate other schools of thought. In contrast, Confucianism is like the sea, absorbing a hundred rivers, and is great because of its inclusiveness. Therefore, it combines the strengths of all schools. So I am curious, sir, which do you believe is superior?”

Hearing this, Yan Fu breathed a long sigh of relief. He had been about to make the very same argument himself. He could not help but ask, “Who is this young man?”

Sima Guang glanced at him. “I believe he is the second son of Shangguan Ning—Shangguan Jun.”

“Oh… so he is the son of my dear old friend Shangguan Ning. No wonder, no wonder.” Yan Fu nodded with a touch of satisfaction and turned his gaze back to Zhang Fei, curious to see how he would refute the statement.

“‘The sea accepts a hundred rivers and is therefore great. It combines the strengths of all schools.’”

Zhang Fei repeated the words, nodding slightly. He smiled. “It sounds impressive enough. According to your argument, then, Confucianism must also incorporate the strengths of Legalism. If that is so, what specifically are these strengths of Legalism that were adopted by Confucianism?”

Shangguan Jun replied, “It must be acknowledged that since Li Kui’s reforms, the laws of all subsequent dynasties have been based on his Classic of Law. Later, through the influence of Confucianism, which advocated cautious and minimal punishment and infused the codes of law with benevolence and virtue, these laws were further refined.”

Zhang Fei nodded and asked, “The Song Code of Punishments is also related to Legalism.”

Shangguan Jun nodded. “Of course.”

Zhang Fei’s gaze swept across the room. “What do you all think?”

Almost everyone nodded in agreement.

Seeing this, Zhang Fei could not help but let out a deep sigh.

Cai Jing asked, “Why does the teacher sigh?”

With a look of deep sorrow, Zhang Fei said, “Because I am sad, upset, and I want to cry.”

They were debating academic matters, not competing in a poetic contest to win a bride, and yet this discussion had brought about such sadness and distress. This was…!

Not only the students, but even the scholar-officials standing outside the door were left completely bewildered.

Was he upset because he had lost?

Shangguan Jun asked again, “Why is Teacher so sad and upset?”

Zhang Fei looked at them with a sorrowful expression. “I always thought you were all the chosen of heaven. I didn’t expect you to be experts in legal studies, but at the very least, I assumed you were familiar with them. I thought that with just a little guidance, you could all graduate, and my job would be easy. That is why I suggested earlier that we not treat this like a regular class, but as an academic exchange.”

“But I never imagined that your level of legal knowledge is only on par with toddlers. If I were to teach until you graduated, I am afraid I would already have gray hair on both sides of my head. I have been taken for a ride by Academician Sima. I do not know if it is still too late for me to resign my post now.”

Sima Guang’s face darkened. He muttered in a low voice, “What nonsense is this young man spouting?”

Emperor Zhao Xu also did not understand. The students’ arguments all seemed reasonable and correct. He could not help but look at Wang Anshi. “Sir, do you know the reason for this?”

Wang Anshi shook his head slightly, his face equally filled with confusion.

If he were to speak, he suspected he would be in the same boat.

These were all common sense satements, with nothing wrong about them.

The students present were all rising with anger. They bulged their eyes and glared furiously at Zhang Fei.

What did he mean by “toddler level”?

What was this lowly pen-in-cap doing? Whom was he trying to insult?

Shangguan Jun clasped his hands heavily and gritted his teeth, saying, “I hope the teacher will point out where this student went wrong.”

“Stop right there! What you have doesn’t even qualify as an error. It should be called ignorance.”

Zhang Fei spoke with agitation. “Who the hell told you that the law has anything to do with Legalism? You can’t even distinguish between the law and Legalism, yet you have the nerve to come to our College of National Scions for this course in the law. Just go home and read your beginner texts.”

He suddenly began a tirade, leaving all the students present momentarily at a loss.

This pen-in-cap really knew how to insult people.

Where had that humble and amiable Teacher Zhang just been?

Ye Zuqia opened his eyes wide and asked, “The law has no connection to Legalism?”

Zhang Fei rolled his eyes and said, “Of course. The two have absolutely nothing to do with each other. This is a matter of common sense. Was there no law before the Classic of Law? Was there no law before Legalism? Do I need to explain that to you?”

Shangguan Jun retorted, “You are being argumentative. Confucianism evolved from the *Rites of Zhou*. Does that mean Confucianism has no relation to the *Rites of Zhou*? The *Classic of Law* was written by Li Kui, and Li Kui was a figure of Legalism. How could the law not be connected to Legalism?”

Everyone’s temper flared as well. They stopped calling him “teacher” and started arguing back directly.

“You all are rotten wood that cannot be carved!”

Zhang Fei shook his head and sighed. “The *Rites of Zhou* and Confucianism are like mother and child. Without the *Rites of Zhou*, there would be no Confucianism. But Legalism and the laws are entirely different things. They must never be confused. If they are, great problems will arise. If you cannot even grasp this, then even if you become officials, you will likely be nothing but mediocre bureaucrats. To not harm the country or the people would be a rare grace from heaven.”

The students had not yet reacted, but the group of officials standing at the doorway were all wearing awkward expressions.

None of them understood what Zhang Fei was saying.

Shangguan Jun asked, “We would like to hear the details.”

“Very well, very well. Since you have come, let us finish this lesson first.”

Zhang Fei sighed to himself, then took a piece of charcoal and wrote the character for “system” beneath the character for “law”. “Repeat after me: legal system.”

“…!”

No one responded.

“Never mind. This is the last lesson anyway.”

Zhang Fei shrugged. “Legalism and the legal system—the difference between these two is as vast as heaven and earth. The Qin Dynasty fell precisely over this point. They confused Legalism with the legal system. This is a lesson written in blood, yet you still treat it as a vivid color to paint on your clothes, taking pride in it. It is truly lamentable.”

The moment the words left his lips, everyone was left utterly baffled.

The reasons for the fall of the Qin Dynasty had been debated extensively and analyzed from every angle. There was little left to say on the subject. Yet no one had ever suggested that the Qin had perished because they failed to distinguish between Legalism as a school of thought and the legal system.

It was a remarkably novel idea.

Emperor Zhao Xu could not help but walk into the room. He stood there like a student, gazing at Zhang Fei with a mixture of confusion and anticipation.

The students present, oblivious to the emperor’s presence, furrowed their brows in thought. Yet they still could not grasp the meaning of his words.

Cai Bian asked, “Where did this notion come from?”

Zhang Fei let out a bitter laugh. “Is this really so hard to understand?”

All the students’ faces turned bright red.

Was it really that simple?

We certainly think it quite mysterious!

Are we too stupid?

Ye Zuqia naturally did not consider himself stupid. “You’re being deliberately obscure. How would we know what you mean?”

“Even if I were foolish, I wouldn’t be so foolish as to be obscure about matters of common sense.”

Zhang Fei chuckled twice and tapped the wooden board heavily with his hand. “Legalism is a philosophy. It is a concept for governing a state. The ultimate goal of Legalism is to enrich the state and strengthen its military. It seeks to protect the interests of the state and to safeguard the interests of the sovereign. Is that not so?”

Ye Zuqia nodded. “That is indeed the case. Thus, Legalism achieves its aims through law.”

“And that’s all?”

Zhang Fei smiled and nodded. “What is law? If you were to take a look at the Song Code of Punishments, you would see that the laws are all about protecting individuals’ legitimate rights. Individuals.

These are two entirely different concepts. The Qin Dynasty failed to grasp this. They used Legalism to replace the law. Remember, replace. The two have nothing to do with each other.

The result was that every person in the Qin state lost their legitimate individual rights. From top to bottom, the only interests that mattered in the state of Qin were those of the state and the sovereign.

That is correct. The Qin Dynasty followed Legalism, but in truth, they had no law. So, what connection do the two have?”

Hearing this, everyone’s eyes widened.

The Qin Dynasty had no law.

This…!

It was simply incredible.

Even those well-versed in history would dare not say that the Qin state had no law.

“Do not look at me like that. This is a fact.”

Zhang Fei laughed. “Who among you has studied Qin law? Which provision was drafted to protect an individual’s legitimate rights? Now think about the legal commentaries in our Song Code of Punishments. What do they discuss? They speak of fairness, of justice, and of individuals’ legitimate rights.”

“Take the rule granting exemption from the initial offence,[1] for instance. Was it enacted for the sovereign’s benefit? Or for the state’s benefit? Neither. That legal provision safeguards the rights and interests of both the perpetrator and the victim, all of which belong to individual rights.”

Cai Bian said thoughtfully, “Legitimate individual rights are also part of the state’s interests and the sovereign’s interests.”

“That is correct.”

Zhang Fei smiled. “In fact, an old teacher had already identified this flaw before the Qin Dynasty fell. Unfortunately, the Qin did not listen. Had they done so, their outcome might have been different. Do you know who this gentleman was?”

Cai Bian paused for a moment, then replied, “Xunzi.”

Zhang Fei asked, “What did he say?”

““The river may lift the boat, and the river may sink the boat.”.”[2]

“Exactly.”

Zhang Fei nodded with a smile. “The foundation of the state’s interests and the sovereign’s interests lies in the legitimate rights and interests of individuals. The Qin Dynasty put the cart before the horse. It allowed state and sovereign interests to completely replace individual interests, and its downfall was inevitable.”

“Indeed, many ideas within Confucianism are aimed at correcting precisely this issue. Why do ministers urge rulers to govern with benevolence? What is benevolent governance but the defense of the people’s legitimate rights, ensuring that they are not allowed to starve to death or die from overwork.”

“This is the true meaning of law. None of you have grasped even this, and yet you all came to my class. Academician Sima truly looks down on me. Never mind, that is enough. I am not going to teach anymore. There is no point in it.”

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[1] This was a rule mentioned way back in CH 2: “if you broke into someone’s house to steal but you were discovered, you might end up injuring someone. However, since your initial intent was not to injure but to steal, the ‘initial offence’ was theft… In this situation, if you voluntarily surrender, the law would only hold you accountable for the charge of injury but not the charge of theft… If there were no such law, once a situation arises where the theft leads to injury, the offender would rather kill the person to cover up his crime, since he would face the death penalty regardless of whether he injures or murders the person.”

[2] In this metaphor, the river refers to the people while the boat refers to the ruler. The saying places popular support as the foundation for political rule, reminding rulers that they are lifted by the people, and may be overthrown by the people.