Chapter 22 Law and Emotion
Chapter 22 Law and Emotion
The current emperor has ordered the compilation of all military books, resulting in the "Complete Essentials of Military Classics".
This book not only includes military strategy and tactics, but also covers the basics of troop training, marching, and setting up camp.
In addition, military systems, weapon catalogs, and border geography are also included.
Although it was not tested in the imperial examinations, the court required all civil officials to study it.
Jinling Academy arranged for courses to be taught, although there was only one class every ten days, which was still very rare.
Secondly, the teachers at Jinling Academy were more humane in their teaching methods.
The Four Books and Five Classics, passed down to this day, have long been interpreted in various ways.
Normally, as long as one has a photographic memory, passing the imperial examination is not difficult if one can memorize everything by rote.
When I was studying at the Qinghe County School, the teachers only taught me the reasons behind things.
Moreover, this reasoning is based on their subjective understanding.
This is normal, because Confucianism itself contains some contradictions.
The concepts of inherent goodness and inherent evil in human nature are both proposed by Confucianism.
There is also the debate between rule of rites and rule of law. The rule of law was not proposed by the Legalists, or rather, the Legalists' rule of law and the rule of law as many people believe are not the same concept.
The Legalist school's rule of law serves those in power; the so-called law is based on consolidating the rights of those in power.
This is the earliest Legalist thought.
Confucianism's legal thought, however, is used to constrain individual behavior and morality.
Simply put, the rule of rites is about improving personal cultivation. When everyone abides by moral etiquette, the world will naturally be in harmony.
Confucianism, which advocates the rule of law, uses ritual to govern internal affairs and then uses the rule of law to impose external constraints.
We must improve people's morality through both internal and external means.
Besides, there are many other similar places where there are conflicts and disputes.
Therefore, although everyone reads the classics, each person has different inclinations.
The same Confucian saying can have multiple meanings and different interpretations.
When Confucius taught, he would naturally teach according to his own preferences.
However, the teachers at Jinling Academy taught differently.
I will explain all the different interpretations and let the students debate them themselves.
Finally, the Master summarized for them, explaining why such an interpretation was given.
Zhou An absorbed knowledge with great eagerness, and he was very fortunate to be able to study at Jinling Academy.
If we stay in Qinghe County, let alone the provincial examination, we'll have a hard time even passing the preliminary examination.
Even if he has a photographic memory, he's like a frog in a well, only seeing the sky at the well's opening. What's the point?
In addition, the masters would often have them discuss current affairs, including some developments in the Liao and Xia states.
This not only allowed Zhou An to learn more knowledge, but also gave him a deeper understanding of the situation in the world.
Fei Guang never appeared in front of Zhou An again after that day, and even Kang He didn't look for him.
Zhou An could focus on his studies, and during the academy's holidays, he would discuss academic matters with Hai Simian and others, and time flew by.
Before we knew it, autumn had arrived, and the weather was gradually getting colder.
"Hui De, have you done your homework?"
Hai Simian stepped through the side gate and turned his head to ask.
"I wrote it last night!" Zhou An said with a smile.
Hai Simian asked, "From what perspective did you write this?"
"He should be charged with theft, but since he acted out of filial piety, the sentence can be commuted to penal servitude!" Zhou An said.
Hai Simian frowned and said, "But he did it to save his mother!"
"But that's not a reason!" Zhou An shook his head.
"Aren't you being a bit too cold-hearted?"
Hai Simian frowned and said, "His actions are understandable, and his mother is bedridden. If we handle things as you suggest, who will take care of her?"
"But the law is impartial!" Zhou An said.
"Can…"
"Alright, come in and talk!"
Hai Xiuyuan's voice came from inside the study.
"yes!"
Hai Simen responded and entered the study with Zhou An.
"grandfather!"
"Greetings, Academician!"
Hai Simian and Zhou An bowed.
Hai Xiuyuan nodded slightly and said, "Tell me, what are your thoughts on the You Guan assault case?"
"grandfather!"
Hai Simian cupped his hands and said, "I think You Guanzhi's actions are understandable, and since he did not seriously injure anyone, it is clear that he had no intention of harming anyone."
He should be given a lighter punishment, thirty strokes of the cane. This would serve as both punishment and allow him to care for his bedridden mother.
"Um!"
Hai Xiuyuan remained noncommittal, then looked at Zhou An and asked, "Where is Huai De?"
"Reporting to the Master, I believe the thief should be punished, but out of filial piety, he should be sentenced to imprisonment!" Zhou An said.
"What's the reason?" Hai Xiuyuan asked.
"If the law is to consider the motives behind someone's actions, then similar incidents will only increase in the future."
Zhou An said solemnly, "You Guan harbored evil intentions because his mother was ill, and entered the shop to rob money. If he is given a lenient sentence because he did it to save his mother, others will use this as a pretext to commit evil deeds."
If they can get away with it if they're not caught, and then get a light sentence by claiming they're saving their parents, wouldn't the world be in chaos?
A case occurred a few days ago in a town outside Nanjing.
A boy named You Guan had exhausted his family's savings due to his mother's illness and had no money left to continue her treatment.
He attempted to rob a shop in town, but failed to knock the shopkeeper unconscious immediately, causing the shopkeeper to cry for help.
In desperation, You Guan disregarded the shopkeeper, grabbed some money and tried to run away, but was caught by people who rushed over after hearing the news.
However, because You Guan did it to save his mother, there was a great deal of controversy surrounding the case.
Robbery and assault are crimes committed by thieves, and according to the law, they are punishable by hanging.
In recent days, the entire city of Nanjing has been discussing this case. Many people believe that You Guan should be exempted from punishment because of his filial piety and the fact that the injury was not serious.
However, some people believe that this is an act of filial impiety, because if the mother knew that her son had injured someone because of her robbery, she would surely die of guilt.
This put the officials handling the case in a difficult position, leaving them with no choice but to report it to the Court of Judicial Review.
The academy then used this case as the topic for their homework.
"Huai De, what you say makes sense, but have you thought about You Guan's mother? If she knew that her son had broken the law for her sake, and that she was already ill, she would surely die of guilt."
"How could You Guan live on after learning that his mother had died of guilt in order to save her? These are two lives!" Hai Simian retorted.
"Ziqin, have you considered the purpose and meaning of the law?" Zhou An asked rhetorically.
"The law is ultimately influenced by human relationships!"
Hai Simian said, "Yes, You Guan did violate the law, but the fact that most people believe he should be exempted from punishment shows that this is a common moral view!"
Zhou An shook his head and said, "The purpose of law is to maintain order in the world. Therefore, when considering a problem, we should consider the long-term impact of this matter."
If this case is handled the way you suggested, what I said before will definitely happen.
When other officials handle similar cases, they will refer to the way this case was handled.
Regarding your situation, the government only needs to arrange for a doctor to treat your mother.
"Wild is right!"
Hai Xiuyuan smiled and nodded, approvingly saying, "Although the law is not without human sentiment, the far-reaching consequences must also be considered. All things considered, Huai De's approach is the most prudent!"
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