Chapter 349: The Road Ahead is Long and Arduous

This class was becoming increasingly terrifying to attend.

In fact, when Zhang Fei first discussed the laws of Legalism, the scholar-officials were quite pleased. He argued that Legalism’s laws were not truly laws at all, essentially denying their legitimacy from the very foundation of legal principle.

He spoke so well.

He was so right.

In truth, during the early Northern Song, Confucianism had not yet completely unified the intellectual landscape. Wang Anshi’s reforms could indeed be seen as a revival of Legalism against Confucianism. Although Wang Anshi did not hold purely Legalist views—his reforms incorporated elements of Confucian thought—his methods clearly leaned toward Legalism.

His stance that “heavenly portents need not be feared, ancestors need not be imitated, and public opinion need not be accommodated” stood in fundamental contradiction to traditional Confucian thought, yet aligned closely with Legalist ideas.

This was why many upright ministers opposed Wang Anshi’s reforms.

It was too frightening.

As Zhang Fei stated, adopting Legalist methods inevitably required the centralization of power.

However, after two generations of Emperor Zhenzong and Emperor Renzong, the idea of the emperor and scholar-officials governing the realm together had become deeply ingrained.

When the emperor suddenly moved to centralize power again, the ministers naturally opposed him.

But as he continued speaking, Zhang Fei suddenly shifted his tone and turned back to the laws of Confucianism.

Most crucially, Zhang Fei did not present the laws of Confucianism as the optimal solution.

One could say that the laws of Confucianism are flawed, but one could not say that they are not the optimal solution.

For this reason, the scholar-officials began to grow restive.

It was of no avail; Zhang Fei dismissed them with a single sentence.

In fact, the principle that “demeaning punishment does not extend to scholar-officials” admits of several interpretations. It can be argued quite elegantly: a scholar may be killed but not humiliated. This did not mean that scholar-officials were truly immune from punishment, which was a hallmark of Confucian scholarship.

Many sayings may appear to be profound truths, yet once put into practice, the reality is often quite different. The principle had become a privilege that effectively granted scholar-officials immunity from most punishment.

Given the abilities of these scholar-officials, they could have produced a hundred arguments to leave Zhang Fei speechless.

However, they insisted on entrenching this privilege as a fact, and therefore they were unwilling to debate the issue with Zhang Fei.

Regrettably, Emperor Zhao Xu remained unmoved.

Academic debate was of little consequence.

The scholar-officials also speculated about what Emperor Zhao Xu was truly calculating.

The atmosphere in the classroom suddenly became extremely strange.

Everyone was harboring hidden agendas.

Zhang Fei said, “In truth, drawing an analogy between the laws of Confucianism and systemic law is incorrect and unfair.”

What was he doing?

Was he trying to backtrack?

Too late.

The scholars refused to accept it, still looking fierce and menacing.

That remark about punishments not applying to scholar-officials had offended too many people.

The students did not buy it either. Shangguan Jun sneered, “Are you afraid?”

It had to be admitted that this transition was a bit too abrupt.

“A scholarly discussion has nothing to do with fear.”

Zhang Fei smiled. “Scholarly discourse demands rigor. Did I not just repeatedly emphasize that the law of Legalism and the law of the legal system are not the same thing?”

Some of the students nodded slightly.

He had been discussing this issue from the very beginning.

Zhang Fei continued, “I then explained that the law of Confucianism and the law of Legalism are essentially the same. To put it another way, the law of Confucianism and systemic law are not the same thing either. Since they do not belong to the same category, how can they be compared side by side? It would be as nonsensical as comparing a human to a dog.”

These were indeed things Zhang Fei had said, but they left everyone more confused than before.

Cai Bian asked, “If that is so, why were you comparing them just now?”

Zhang Fei replied immediately, “I never compared the two. You were the ones comparing them. You nearly led me astray, causing quite a misunderstanding. You lot are either stupid or malicious.”

“……!”

Cai Bian and the others were stunned. It had been he who was speaking just now. Now that the scholar-officials were unhappy, he blamed it on them. He thought this was too shameless.

“Why are you looking at me like that?”

Zhang Fei said, “What exactly did I say just now? I said that the Confucian approach to law leans more toward a legalist system. Is that not true?”

“Wasn’t that a comparison?” Cai Bian asked.

Zhang Fei countered, “Was it really a comparison?”

“……!”

Cai Bian thought about it carefully and realized it did not seem to be.

Zhang Fei returned to the wooden board. “If you truly cannot understand, think of it this way: the law of the legal system is the finish line. The Confucian and Legalist approaches are two runners, both sprinting toward that line.”

Yan Fu snorted in anger. “You are clearly using this as an excuse to elevate your own theory of systemic law and belittle the Confucian approach.”

Zhang Fei asked with a smile, “If the Emperor broke the law and faced the same punishment as a commoner, do you believe that would be just or unjust?”

As soon as these words were spoken, the entire room fell silent.

Even the young students, usually bold enough to face tigers, fell silent as if frozen into swallows.

This time, they had truly understood.

That strange eccentric, Xu Zun, was trembling with fear right then. Being a father-in-law was no easy task!

But apart from him, the other scholars and officials remained perfectly composed. They stole glances at Emperor Zhao Xu, some looking rather pleased.

If you had stopped him, he would not have done this. Now, he was coming directly for you.

You truly had it coming!

Emperor Zhao Xu did not show any anger. Instead, he smiled and asked Zhang Fei, “When the emperor breaks the law, he shares the same punishment as the common people. Is this right, or wrong?”

At that moment, only Zhang Fei dared to raise such a point.

“Certainly, it is right,” Zhang Fei replied.

Emperor Zhao Xu made a sound of acknowledgment. “Explain.”

Zhang Fei said, “In fact, Mencius already clarified this. He who is in harmony with the Dao has many helpers; he who is out of harmony with the Dao has few. What is the ‘Dao’? It is nothing more than the consensus among the people to defend their legitimate rights and interests. That is systemic law.”

Could it be explained that way?

Sima Guang, Wen Yanbo, and a host of other great scholars could not help but fall into deep thought.

It seemed to make some sense, yet it differed from how they had previously understood the matter.

Emperor Zhao Xu asked again, “If it is right, why has no one in history ever been able to make it a reality?”

“Because it is difficult.”

Zhang Fei spoke, then turned to Ye Zuqia and said, “Earlier, he claimed that as long as one adheres to systemic law, the realm can be well governed. I replied that he is even more formidable than a sage, because even a sage would hesitate to take on such a task. Through the competition between Confucianism and Legalism, we can catch a glimpse of this truth.”

Everyone watched Zhang Fei with great anticipation.

When it came to systemic law, they were still somewhat confused. But when it came to the conflict between Confucianism and Legalism, they were extremely well-versed in the subject.

Zhang Fei moved to the wooden board. “To discuss a competition, there must first be a standard. Let us use systemic law as that standard to examine the dispute between Confucianism and Legalism.

We already know the outcome: Confucianism prevailed over Legalism. Legalism only shone briefly during the Qin Dynasty. After the second Qin emperor, a system like that of the Qin never appeared again.

We have already discussed the reasons quite thoroughly. The Qin Dynasty perished after just two emperors because Legalism completely replaced the law of the legal system. Every law in the Qin served to protect the interests of the monarch, neglecting the legitimate rights of the individual. This violated the consensus of all people, turning the state into a nation without lawful order.

So the Qin Dynasty only appeared united on the surface, but the ruler and the people had long since lost their mutual trust and moral alignment, making its rapid collapse inevitable. Then, has the law of Confucianism replaced systemic law?

…!

The students fell silent.

“Has it?”

Zhang Fei asked again.

Fu Bi suddenly replied, “No!”

Zhang Fei immediately asked, “Why?”

Fu Bi answered, “Because most of the rules of Confucianism are not legal codes, but rituals.”

“Correct.”

Zhang Fei nodded, surprised that this old man’s mind was sharper than that of the young people. He then looked at the group of disappointing students and said, “You must remember this one point: the laws of Legalism completely replaced the rule of law, because every decree in Legalism carries coercive and obligatory force. This is precisely a characteristic of systemic law, so the relationship between the two is one of replacement.

On the other hand, in most cases, the teachings of Confucianism serve to educate and moralize, rather than to compel. Many people in the world who are morally corrupt are excluded and despised, but they do not face criminal punishment. The law of the legal system still plays a certain role in safeguarding individual legitimate rights and interests.

Comparing the two, Confucianism’s legal approach is clearly superior, because it moves closer to the rule of law. Virtue and law share many common ground.”

After hearing this, everyone felt a sudden clarity, as if a blockage in their minds had been cleared away.

The debate between Confucianism and Legalism had already lasted for a thousand years.

Although Confucianism held the dominant position, in matters of literature and thought, there was no single supreme authority. Academically, no final verdict had ever been reached.

One reason for this was the lack of a standard by which to judge.

Now that Zhang Fei placed systemic law in the middle as a benchmark, the comparison made it obvious that Confucianism’s approach must be higher than Legalism’s.

The victory of Confucianism was inevitable.

Shangguan Jun said, “Isn’t that wonderful?”

“Indeed it is!”

Zhang Fei said, “I have never said that the Confucian approach is bad. As things stand, it is actually the optimal solution. It is you who believed I was criticizing it.”

“……!”

A group of scholar-officials stroked their beards and looked at one another in stunned silence.

Moments earlier, they had been agitated because Zhang Fei had emphasized that systemic law surpassed the Confucian approach, framing it as a contest between the two. Naturally, they had felt anxious. Now that Zhang Fei presented systemic law as a standard, there seemed to be no higher or lower rank between the two.

Yet somehow, there did seem to be a difference in rank.

It was truly perplexing!

Zhao Xu suddenly spoke up. “However, the Confucian approach to law is still merely close to a true systemic law. It has not yet achieved a true systemic law.”

“Yes.”

Zhang Fei nodded.

Zhao Xu asked again, “If there is a better method of governance, why not put it into practice?”

Sima Guang and Xu Zhen could not help but shudder.

That was a deadly question!

The emperor asking such a question did not necessarily mean he believed it himself.

Do not dare to say anything reckless, you rascal!

In truth, they all knew the answer, but no one had ever dared to touch that bottom line.

That said, the Song Dynasty was already quite excellent, at least upholding the idea of the emperor and scholar-officials governing the realm together.

No matter whether the scholar-officials were good or bad, it was still better than one person making all the decisions.

“The cause lies with it.”

Zhang Fei pointed to the bottom of the wooden board.

Zhao Xu looked closely and said with surprise, “Systemic law.”

Everyone was also taken aback. Wasn’t that the standard? How could the problem lie with it?

“Precisely!” Zhang Fei nodded, then suddenly countered with a question. “This humble subject dares to ask Your Majesty one thing: Did the state come first, and the family after? Or did the family come first, and the state after?”

“…!”

Emperor Zhao Xu was momentarily stunned. He furrowed his brow and thought for a while, but still could not find an answer. Unable to help it, he turned his gaze toward the group of ministers surrounding him, yet every one of them remained silent, avoiding his eyes. He then asked Zhang Fei again, “Do you think the state came first, or the family?”

Zhang Fei replied, “I believe if there were a clear order between the two, this question would be easy to resolve. The problem is that they coexist, and one cannot distinguish which came before the other.

As I mentioned before, whether it is the laws of Legalism or the principles of Confucianism, they are all methods for the sovereign and his ministers to govern the state. They serve the interests of the state and represent the interests of the monarch. In contrast, the rule of law safeguards individuals’ legitimate rights and serves their personal interests.

They are intertwined, yet at the same time, a fundamental contradiction exists between them. This contradiction is most clearly reflected in taxation.

The amount of tax directly reflects the conflict between state interests and individual interests. Sometimes, when taxes are too low, the state perishes. But other times, when taxes are too high, the state also perishes.”

The mention of taxation made everything suddenly clear to everyone; they instantly understood the situation.

So that is how it was.

Zhang Fei continued, “Currently, the Confucian approach to governance takes the lead, supported by systemic law. When national interests conflict with individual interests, the problem centers entirely on the monarch and his ministers, with the debate revolving around who must yield to whom.

If there is a wise ruler, such issues can be handled well, and the state will inevitably grow strong. But if a foolish ruler takes the throne, the situation becomes hopeless. Emperor Xuanzong of Tang is the most typical example of this.

On the other hand, if systemic law takes the lead, one can firmly hold the line of fundamental principles. With a wise ruler, the state can soar to great heights. Even with a foolish ruler, it will not immediately fall into ruin, leaving considerable room for maneuver.”

Emperor Zhao Xu remarked, “Judging by this comparison, the rule of law is clearly superior.”

Zhang Fei nodded. “Theoretically, that is correct. However, the Confucian approach can make concessions to the rule of law. A ruler can lighten corvee labor and reduce taxes, easily resolving many issues. But systemic law finds it very difficult to yield to the Confucian approach, because it represents a consensus to protect individual rights and interests, not something dictated by a single person.

Even if the state faces a threat, no one will be willing to pay even a single additional coin in taxes. What can be done then? In the end, it may result in the destruction of both the innocent and the guilty, leading to the collapse of the nation and the ruin of families.”

Emperor Zhao Xu was puzzled again. “By this logic, systemic law is simply unachievable.”

“It is possible, but very difficult,” Zhang Fei said. “Before our dynasty, there was virtually no hope. But our dynasty may well succeed.”

Emperor Zhao Xu asked hastily, “What do you mean?”

Zhang Fei explained, “I mean the ancestral law of our dynasty: comprehensive order as precaution against malfeasance. As long as systemic law meets the standard set by the ancestral law, it can essentially be realized.”

Everyone straightened up involuntarily, a trace of pride flickering in their eyes.

Emperor Zhao Xu was surprised. “Is that so?”

Weren’t the ancestral laws meant to uphold imperial power?

Zhang Fei nodded. “Comprehensive order as precaution against malfeasance—that is a high standard, because it contains the idea of prevention. It means that for any matter, you must first consider it thoroughly. Applying this to systemic law, one must envision what difficulties might arise, which regulations can be activated for special response, and even, when new problems emerge, which provisions can be invoked to add new regulations.

Confucianism deals with problems after they occur, seeking solutions as they arise. Systemic law, however, requires that these issues be thought through in advance, imposing extremely high demands on every legal provision.”

Systemic law as it currently stands cannot solve these problems at all. If we were to let it take the lead now, we would definitely fail, because it would require many geniuses to continuously refine it, of course.”

Zhang Fei’s gaze swept over the students’ faces. “I’m not referring to these self-important yet incredibly foolish people. But in any case, this is why we study legal theory.”