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Chapter 238 Theory of Love and Law

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    Huang Mingyuan's courage to expose his shortcomings frightened Duan Yanshi, and his care for the people made Duan Yanshi admire him even more.  When Duan Yanshi met a chief official who valued the law as much as he did, Duan Yanshi hoped in his heart to follow Huang Mingyuan and stay in Datong.

    Of course, Duan Yanshi is still young, and Huang Mingyuan is world-famous.  Now he is still a little uneasy about whether Huang Mingyuan will appoint him.

    Huang Mingyuan looked at Duan Yanshi, who was only more than 20 years old, and thought that this man should be Duan Zhixuan's father in history. History books record that he served as the judicial secretary of Taiyuan County in the late Sui Dynasty, followed Li Yuan in the army, and became the governor of Yingzhou.  I didn't expect to come here.

    This person was able to rise from a low-born judicial clerk with a humble official position to become the governor of a state. Although he was supported by Li Yuan, he was not a simple figure.  Li Yuan is not a person who likes to take advantage of poor families.

    My cousin Fang Xuanling was full of praise for this senior in his letter.  He believed that although Duan Yanshi was not of high birth, he specialized in law and was knowledgeable about the past and present. He was also upright and upright, and was admired by others.

    There is no doubt that Duan Yanshi will be retained. He is in short supply of such talents who specialize in law.

    Looking at his performance, Huang Mingyuan was not prepared to treat him as an ordinary official, so Huang Mingyuan hoped to inspect Duan Yanshi.

    Seeing that Duan Yanshi was a little nervous, Huang Mingyuan asked: "Xi Rong, if a filial son avenges his father and kills the person who killed his parents back then, in the etiquette and etiquette, the hatred between the father and the father is different, and the law kills the person who kills him. Etiquette, law,  Wang Jiao Daduan, the two opinions are completely different. If you were the presiding judge, how would you deal with it? "

    Duan Yanshi was stunned and immediately realized that this was the test question given to him by Huang Mingyuan.

    This issue is so famous that it is an important debate between the core values ??of Confucianism and Legalism.

    In fact, this problem is actually a paradox in feudal society. It is right to kill if you agree with etiquette, but it is wrong to kill if you agree with laws.  Later, Han Yu wrote a "Revelation of Revenge" specifically for this controversy, and Liu Zongyuan even wrote a "Rebuttal of Revenge" that criticized Chen Ziang. Chen Ziang was the Zuo Shiyi of Wu Zetian who wrote "Dengyouzhou Taige".

    Huang Mingyuan wanted to see if Duan Yanshi was really capable.

    Of course, the mainstream thought still agrees with etiquette, and the idea of ????revenge during the Han Dynasty pushed this to the extreme.  In history, Huan Wen's father Huan Yi was sacrificed to the Su Jun rebels by Jiang Bo, the magistrate of Jing County, and was later killed.  Wen was only fifteen years old. He cried blood and vowed to avenge his father.  When Jiang Bo passed away, Huan Wen pretended to be a mourner, sneaked into the funeral home, killed his son Jiang Biao, and hunted down his second brother, finally avenging his father, which was praised by people at the time.  Huan Wen, who came from a humble background, later became the prince-in-law and began a life of world-famous fame.

    If the answer is according to the orthodox method, Duan Yanshi should answer in support of the ceremony, because this answer will not be wrong in any case.

    And the previous case of Xiao Wang Shun was also decided in this way.

    Wang Zichun of Zhao County was murdered by his brother Wang Changxin and his wife. When the three Wang Shun sisters grew up, each of the sisters entered the king's house with a knife over the wall and killed Changxin and his wife to accuse their father's tomb.  Because Yi County pleads guilty, the sisters compete to be the leader, and the state and county cannot decide.  Emperor Gaozu sighed after hearing this, especially for his crime.  Later, Wang Shun also included it in "Sui Shu¡¤Biography of Women".

    Propriety and filial piety are the basis of rule, and although law is useful, it is often associated with harshness and tyranny.  Therefore, rulers generally agree with etiquette in such cases.  In history, people who were pardoned for avenging their fathers have often been seen, such as Zhu Qianzhi of the Southern Qi Dynasty, Xu Yuanqing of the Tang Dynasty, Li Gong of the Song Dynasty, Cui Jian of the Ming Dynasty and others.

    Duan Yanshi thought for a while and knew that if Huang Mingyuan wanted this answer, he would not ask himself.

    Therefore, Duan Yanshi said: "General, if you use your son to avenge your father, you can see the history of all the sons. There are countless people who have committed crimes. It is best to be detailed in the law, but the law has no rules and is not a standard text.  Yes. If revenge is not allowed, it will hurt the heart of the filial son, and he will not obey the instructions of the king. If revenge is allowed, then people will rely on the law to kill, and there is no way to stop it. It is foolish to think that although the name of revenge is the same, the things it does are different.  Killing and pardoning cannot be treated in the same way, and the punishment should be dealt with according to the appropriateness."

    Huang Mingyuan nodded. It¡¯s good to be able to say ¡°it depends on the situation¡±, but it¡¯s a bit taken for granted. This is also a common problem among most Confucians.  If there is no standard, there will definitely be contradictions in the end, and the resulting loopholes will lead to injustice.

    "I thought you would say that you would be punished according to the law."

    Duan Yanshi was stunned and said with some surprise: "This matter is pitiable, but it cannot be done smoothly. Although we cannot directly oppose it, if it is not necessary, it is better to exchange one's life for one's life. If you have no intention of dying, revenge is just a matter of time."  A joke."

    "Hahaha¡¤¡¤¡¤¡¤¡¤¡¤"

    Huang Mingyuan couldn't help laughing, although at firstYanshi had some reservations, but in the end his Legalist thoughts were exposed.  If everyone wants to take revenge, then if they commit a crime, they can just take revenge on each other. Why do we need laws?  Many people just rely on public opinion and invite names.

    Maybe some people really want to avenge their parents and don't care about life or death.  But many times, when there are so many people imitating it, it becomes a shortcut to Zhongnan and a way to make it famous in the countryside.

    Since you kill people, you must have the consciousness to be killed.

    Duan Yanshi thought that Huang Mingyuan would dislike what he said, but he didn't know that since Huang Mingyuan was planning to build a world where people were governed according to law, he would naturally need the help of more Legalists.  It's not out of opinions on Confucianism, but many of the current Confucian classics are indeed contrary to Huang Mingyuan's ideas. When the time comes, these Legalist scholars will still be needed to charge into battle.

    "The general said exactly what Yanshi said. Emperor Wu of the Southern Qi Dynasty pardoned Zhu Qianzhi, but Zhu Youfang's son Zhu Yun killed Zhu Qianzhi in revenge, and Zhu Qianzhi's brother killed Zhu Yun in revenge. One case  Among them, three people died due to mutual revenge. Double standards and extrajudicial favors did not solve the problem of the vicious circle of revenge. In the same case, Emperor Wu of Qi was worried that pardoning Zhu Qianzhi would open up a path of revenge and murder, so he specifically asked him to  While marching westward with the army, mutual killings still occurred. One of the important reasons is that the stability and authority of the law have been damaged by double standards and extrajudicial amnesty, making it difficult to regulate people's behavior."

    Hearing what Duan Yanshi said next, Huang Mingyuan couldn't help clasping his hands and applauding. Duan Yanshi really spoke to his heart that he was a great talent.

    Huang Mingyuan pulled Duan Yanshi into joking and said: "Yanshi is a great talent, and he is really extraordinary. If Yanshi is willing, I am preparing to set up an inspection office in the army, and Li Sima will be in charge for the time being. If you are willing, go to the inspection office.  How about helping me, putting Cao Shuzuo¡¯s name on me and being responsible for the improvement of military style?¡±

    ??????????? Duan Yanshi was delighted. He was just a county secretary, but he was going to hold an important position in the Supervisory Office of the world-famous Datong Army. As expected, the general's reputation for loving talents was well-deserved.

    Master Duan Yan immediately knelt down and thanked Huang Mingyuan for his kindness.  (Remember the website address: www.hlnovel.com
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