Chapter 633 Debate (continued)
A few days later, at half past six, Yuwen Wen, who was waiting for court in the side hall, was reading the newspaper again. Today's newspaper published a very interesting article. The author of the article used the allusion of spring and autumn "Zeng Shenwugua" to tell that his son did not need to obey his father's orders.
Zeng Shen was a disciple of Confucius. One day, he loosened the soil for melons (weaving melons) in the field, but accidentally cut off the root of the melon. His father Zeng Xi was very angry and raised a big stick to beat his son's back.
Zeng Shen was beaten to faint and fell to the ground and was unconscious. It took a while before he woke up.
Then he happily got up from the ground, approached Zeng Xi and asked, "I just offended my father. My father hit me hard to teach me. Isn't my father's body uncomfortable?"
After he returned to the room, he sang while playing the piano, hoping that his father would hear it so that he could know that he was healthy and sound.
Confucius was very angry when he heard about this and told his disciples: "If Zeng Shen comes, don't let him in."
Zeng Shen came to see the teacher, but was blocked by his fellow disciples and could not enter. He asked the reason clearly and thought he was not at fault, but he still couldn't enter.
As a last resort, he asked someone to ask Confucius for advice.
Confucius sent someone to pass on a message and said, "Have you (Zeng Shen) had never heard of it? In the past, Weisou had a son named Shun. Shun served his father Weisou. His father ordered him, but he was always by his father's side. His father wanted to kill him, but he could not find him."
"He stood there to endure it, and his father beat him with a big stick, and he ran away."
"So Shun's father did not take the charge of an unrighteous father, and Shun himself did not lose his filial piety as a son."
"Now, you (Zeng Shen) serve your father and let your father beat him up. If your father takes a heavy blow and beat him to death, you will not hide. If you are really beaten to death, you will be injustice for your father!"
"In contrast, which one is more unfilial? Are you not the people of the emperor? What kind of punishment will your father suffer for killing the people of the emperor?"
Zeng Shen heard these words conveyed by the middleman and suddenly realized: "My sin (who let my father beat him but did not hide) is very big!"
So I visited the teacher again and admitted my fault.
The author of the article evaluates the recent hotly discussed new law clauses with the allusion "Zeng Shen Yun Gua" (also known as Zeng Shen Hu Zhuan): The father has the right to discipline his son, but the son is the people of the emperor. If a father kills the people of the emperor, it is a crime and he will be punished.
The most sage teacher (Confucius) said so!
Therefore, the new law stipulates that "the father is guilty of killing a son and must be punished and not be excessively reduced." This is true.
It is just that we must collect evidence based on on-site investigation and judge the motivation, which is divided into casual killing and manslaughter, so that different sentencing is adopted.
But no matter what, the people of the emperor are not wild dogs. Even if they are parents, the elders must not be killed by their elders. It is okay to discipline the young and humble, but you must pay attention to the severity. Otherwise, if a person dies, no matter what the motive is, you will have to accept punishment.
This is true for both parents and between brothers. The author also expressed his views on the case of Yangzhou where the case was just announced, "the legitimate brother killed the illegitimate brother and the father was responsible for the crime."
Jiang Yirong killed Jiang Yiqiu and did this in front of his father. Some people think that this can be determined that Jiang Yirong was not intentional murder because there is no reason to kill his younger brother in front of his father.
However, the author of the article believes that Jiang Yirong actually killed his younger brother in front of his father. Such atrocities are a blatant challenge to the human relationship between father and son. If he is not punished severely, someone may follow his example.
Whether it is legitimate or illegitimate, they are the father's sons. Even if the father does not like a certain son, it is not a reason for other sons to take serious measures to cause personal injury.
Therefore, the author of the article believes that Jiang Yirong's crime is extremely evil and should be punished for intentional homicide. Jiang Wannian is eager to protect his son, and it is understandable that he should be exempted from the crime.
If this is not the case, it is not enough to seek justice for Jiang Yiqu, the people of the emperor. If this is not the case, it is not enough to intimidate the unkind brothers in the world.
After reading the article, Yuwen Wen said that he wrote it well. The author used the allusion of "Zeng Shenwen Melon" to introduce Confucius's words, "Why is the crime of killing the people of the emperor?", emphasizing the concept of the people of the emperor, and waving the flag and shouting for the necessity of legislation of the relevant provisions of the Ming De Law.
The allusion of "Zengzanwengua" is recorded in "The Words of Confucius". This book is said to be written by Confucius' disciples. It contains the title and catalogue of the book in "Han Shu Literature and Art Records", which consists of twenty-seven volumes, but its book has long been lost.
At the end of the Han Dynasty, the Three Kingdoms, there was a ten-volume copy of "Confucius's Family Words" collected and written by the master of Confucianism Wang Su. For hundreds of years, many scholars believed that this book was a fake, but many people also believed that this book was compiled by Wang Su based on the incomplete original version.
The author of the article that Yuwen Wen reads is based on the story of "Zeng Shenyungua" recorded in Wang Su's version of "The Words of Confucius" as the argument for the article.
Unless the opponents deny the authenticity of Wang Su's version of "Confucius's Family Words", they will not be able to bypass the passage of Confucius' "what said" that "killing the people of the emperor is guilty of Xi Ruo".
Even if someone uses the so-called human ethics to whitewash the crime of killing a son, it cannot avoid the other identity of the deceased as the people of the emperor.
Yuwen Wen's "minions" are now participating in the debate in various identities. In order to defend the new law provisions, they have adopted a unified strategy, which is to insist on the "people of the emperor" and respond to changes in the same way.
Parents, respect elders and kill low children (children and grandchildren). No matter how others emphasize etiquette, human ethics, family affection and motives, they will be rejected in one sentence: But if he (she) kills the people of the emperor, he must be punished!!
The legitimate brothers hurt the illegitimate brothers, disables, and dies. The clan sons hurt the clan members, disables, and dies. No matter what hidden information (economic disputes, linguistic conflicts, family interests), the same sentence will be rejected:
He killed (destroyed) the people of the emperor and must be punished!
This sentence can also be used when a husband kills his wife (he is the superior and the inferior), or even when a husband kills his concubine.
The people of the emperor have to pay rent and mediocre remuneration every year. Each person pays two hu of grain every year (average), some silk, cotton or sesame, and they also have to serve labor and military service. Now that people are gone, how can we say that the rent and mediocre remuneration is lost by the country?
Haven’t you always put the “Three Bonds” on your lips?
The king is the leader of the minister, the father is the leader of the son, and the husband is the leader of the wife. Among these three principles, isn’t the king is the leader of the minister?
Even if a father kills a son, it is innocent to kill the people of the emperor. The crime cannot be resolved by just a light word of human relations. If you should go to jail and exiled, you should be exiled.
Such a strategy is effective at present. Faced with the "human ethics" weapons of all kinds of knowledgeable people, Yuwen Wen's "minions" can effectively resolve the opponent's "attack" as long as he uses the magic weapon of "the emperor's people", he can effectively resolve the opponent's "attack" as long as he uses the magic weapon of "the emperor's people".
In short, what Yuwen Wen wants is: the law must consider human nature, and it is okay to use etiquette to enter the law, but illusory etiquette and morality must be determined in the form of detailed legal provisions, and do not give people room for over-explanation.
When governing the country, the law is the main focus, and etiquette and morality are supplemented. The law should not be cold, but should be humane.
However, we cannot let the "ritual" occupy the nest, and become the main one and assist the law.
If the law encounters difficult problems in judicial practice, in general cases, Eli Lilly can be used as a reference for the severity of sentencing, taking into account human nature.
However, as long as vicious cases are involved, such as murder and rape, this is a public prosecution case. Even if the victim and the family of the victim do not prosecute, the "prosecution" of the government must prosecute the suspect based on the facts of the crime.
Only in this way can the victims and the families of the victims not need to face all kinds of moral condemnations with ulterior motives and obtain justice; only in this way can the court allow a large number of Dingkou to escape the shackles of the clan and manor.
This kind of bondage is a moral and patriarchal bondage, like an invisible shackle that locks people on clans and manors. However, these people who form personal dependence on clans and manors will only get worse and worse.
Because the population that land can carry is always limited, only by freeing the surplus labor force from its constraints and "flow" to cities to engage in industry and commerce can the huge pressure caused by rapid population growth be alleviated.
The time is almost the same, Yu Wen Wen is preparing to go to court, and he has not finished reading the newspapers, and plans to wait until the court has dispersed before reading them.
Just as he closed the newspaper and was about to put it on the desk, he suddenly caught a glimpse of the title of a certain page of the article.
Chapter completed!