Chapter 288 Economy and Party Struggle (14) Mr. Shen Ge’s Gaffe
A few days later, Mr. Shen Ge, who was supervising the renovation of the Nanjing Imperial Palace to welcome the emperor who would come to Nanjing to visit the Xiaoling Mausoleum after his enthronement, finally received a private letter from Xinzheng.
Shen Yiguan, who had just received the letter, was still a little puzzled. How could this letter be sent from Xinzheng?
The letter from Xinzheng is addressed to him again, so there is no doubt that it can only come from the Gao family. However, even if Gao Pragmatic will be affected by this matter, it is impossible for him to be deposed and released, right? The Western Expedition is still going on. It is impossible for the emperor to give up on being pragmatic. Otherwise, wouldn't he be afraid that such a huge financial expenditure would be unbearable if someone changed his administration? If this is the case, then why does this letter come from Xinzheng?
I wanted to think about it, but when Shen Ge's old screen stepped back and opened the letter to read, his face suddenly turned pale and soon turned livid.
Damn it, something happened! Mr. Shen Ge took a deep breath. If Gao Pragmatic exposed this matter, he would really be in doom!
Sending assassins to assassinate the parents of a political opponent in the hope that the opponent will be vacated because he has to return to his hometown to be restrained. This method is despicable and the behavior is shameful. Whether it is a scholar or an official, it will definitely not be tolerated. If such a thing can be done Being tolerated means that the struggle in the officialdom has no bottom line and has deteriorated to the point where it cannot be improved.
Confucianism attaches great importance to "kissing", and Confucius even approved of "kissing each other". The "kissing" here simply means "loving one's relatives".
"The Analects of Confucius·Zilu" said that Ye Gong said to Confucius: "Those in our party who do not have a straight bow have their fathers chasing sheep, and their sons prove it." The son is hidden in the presence of his father and has always been there."
That means: Ye Gong told Xiang Yin: "There is no upright person in your hometown. My father stole someone else's sheep. I reported my father." Xiang Yin said: "The upright person in your hometown and him The upright person talks about the same thing: the father hides for his son, and the son hides for his father. 'Zhi' is among them."
The foreign minister's belief that "the father is hidden from the son, and the son is hidden from the father" does not mean that he has a "straight" character. It seems to be consistent with the common saying that "small righteousness destroys relatives". However, Xiang Yin's view, It evolved into the Confucian Qingqin Shenge, that is, if immediate family members break the law, appropriate cover and concealment cannot be pursued.
In fact, it is Confucianism. Western society also generally believes that laws must first conform to natural ethics and human nature. Laws that follow natural human nature can represent social justice. The current criminal procedure laws of the United States, France, Germany, Japan, South Korea and other countries also They all clearly stipulate the right of close relatives to testify for reasons of failure. It is a law to allow specific close relatives to give evidence.
But after a thorough analysis, it turns out that this is actually the case: Confucianism believes that there is no hierarchy in love, first love your parents, secondly love your brothers, thirdly love your friends, then love everyone in general, and this is why there is no "kissing and sinking" mentality.
In fact, in China, "kissing and shenge" officially entered the legal system in the Han Dynasty, and there were no more detailed and clear regulations in the Tang, Song, Yuan, Ming and Qing dynasties. If one did not report his father's crimes, he would be included in the list of ten heinous crimes that are to be pardoned, even if Xiaosheng can also be forgiven when he goes to heaven.
On the contrary, by advocating "relative testimony", it will minimally destroy the love between relatives and the order of human relations, causing people to be full of suspicion and pain. No matter how harmonious family relations are, social harmony can be guaranteed.
, thereby shaking the ethical and moral foundation for maintaining social stability.
Mr. Yu Yingshi mentioned in "The Modern Significance of Chinese Culture from the Value System" that European and American laws stipulate that relatives can bear witness to each other. This is not because we are afraid of collusion, but because we hope that the family relationship between father and son will be destroyed.
Because the moral relationship between father and son has collapsed, no matter how strict the legal system is, it is meaningless. If the legal system does not violate natural human ethics, it can protect people's rights, that is, it can protect social justice.
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Westerners also attach great importance to family ethics. Berger downplayed the sanctity of family ethics and discussed it at the level of divine laws rather than human laws. Socrates and Montesquieu both praised "family ethics".
There has been no case in Australia where the father was a drug dealer and the man knew about it but refused to confess. The police charged the man with harboring the crime and the court finally found the man guilty. The judge’s reason was very complicated: the law can harm human relations and family ties, otherwise
, its harm to society will be less than criminal crime.
In that case, Shen Guangjian was involved in the assassination of Gao Jingjing's parents, which was essentially a "rebellious" act that directly violated the core requirements of Confucianism. Therefore, as the victim, Gao Jingjing could not use "revenge of parents" as a "rebellion".
To launch a counterattack on the grounds of "we share the same fate", no matter how excessive the counterattack is, it will be considered excessive by public opinion, but will be considered reasonable and uncontroversial.
To put things into perspective, the following father who stole a sheep just stole a sheep. Although it violated my interests, the son or father never used other methods to make up for the mistake, and could not praise his accurate behavior and give advice.
To return it to the owner, you can't find the owner and spend money to buy it. This is to cover up the crime, and it only makes the father's mistake irreversible.
However, there is no difference in love. It is by no means an "invention" of Confucianism, but a universal law of human love. It is human nature to love those who are closer to you more. Even if you extremely understate equality in your mouth
In a Christian country of love, in real life, people must love their relatives more than they love familiar people.
It is the only one who dares to stand up for him, and everyone who has not been associated with him must immediately stand up and completely separate from him, otherwise even we will be dragged down by him. The status established by the young man and
The reputation will become so filthy in an instant!
But is it fair for father and son to hide from each other? Scholars in the past have debated this issue and it is still unresolved. For example, when Li Zehou commented on that paragraph, he believed that "Xiangyin believes that 'the father hides for the son, and the son hides for the father'."
I no longer have the character of 'uprightness'. It seems that I have included the morality of uprightness into the categories of 'filial piety' and 'compassion', and everything must obey the provisions of 'propriety'. That should of course be abandoned today."
This chapter is not over yet, please click on the next page to continue reading! Hiding from each other between father and son is a big deal like stealing a sheep, so basic ethics must be paid attention to; rebellion by a son is an act of treason, and at that time family affection must give way to small righteousness.
"Lu's Spring and Autumn Annals" takes a step back to develop the story of a sheep-stealer in the Analects of Confucius: "His father stole the sheep and paid homage to him. He insisted on having him killed. If he bowed straight, please take his place. When he was about to kill him, he told the officials: 'Father If you steal a sheep and pay homage to it, do you believe it? If your father punishes it and replaces it, does it mean you are filial? If you believe and be filial and then punish it, will the country have no one to punish it? When King Jing heard about it, he punished him. Xiang Yin heard about it. Said: "What's strange! Zhi Gong's faith is a letter. One father carries it and gives it a name." Therefore, Zhi Gong's faith is as if there is faith."
Furthermore, mutual concealment of relatives may be fair for a specific case and may increase legal costs, but mutual concealment of relatives is not effective for everyone, which does not mean that everyone cannot apply that law to protect family ties. Increasing judicial costs is, in turn, fair. Therefore, saying that "relatives hide from each other" does not violate social fairness is a misunderstanding of the idea of "parents hide from each other".
Loving and protecting loved ones are the basic requirements of human ethics. Therefore, the love of relatives is based on the law of heaven, and "Kiss Ou Wei" is the love and strictness of human family ties. From that perspective, "Kiss Ou Wei" "The pavilion" is in line with the way of heaven, and it can be "straight within it". Therefore Ou Wei praised "the father hides for the son, and the son hides for the father" is straight. Straight does not follow the rules, but follows the way.
In fact, the seven are contradictory, and they exactly embody the concept of ethics, justice, and legal system that is based on the specific situation, recognizes the whole body, and distinguishes right from wrong.
In other words, laws that are more in line with human nature should reflect human ethics in big things and justice in small things. For example, in recent years, your country’s judiciary has revised Article 144 of the Criminal Procedure Law based on the essence of traditional Chinese culture and Western judicial practice. Article: [Forcing the witness to appear in court to testify] After being notified by the People's Court, if a witness appears in court to testify without justifiable reasons, the People's Court cannot force him to appear in court, except for the defendant's spouse, parents, and children.
Why did Gao pragmatically send the suspect's confession to Shen Yiguan? In fact, it was not to tell the former: he wanted to think that he did not have the entire Jiangnan Chaebol behind him, so that he could get rid of Guangxiaoshilin, who was in the entire Xinxue area, to endorse him. Don't be afraid. Just tell him clearly and correctly now. With that thin accusation, you can shut up all the masters in heaven. Does anyone dare to stand up for him?
The Confucian history book "Spring and Autumn" is said to have been revised by Xiang Yin, so Confucius said, "Xiang Yin is responsible for the Spring and Autumn Period, and rebellious ministers and traitors are afraid of it." In this way, the same is Xiang Yin, fighting against the sheep agrees with "hiding", and treason agrees with "is hiding". , and praised Shi Que for being loyal to the country but "killing relatives for petty righteousness". Are the seven contradictions? Which one is more in line with the modern spirit?
The more Meng Zilao thought about it, the more frightened he became. His face gradually changed from livid to ashen. He tremblingly wanted to pick up the tea cup and take a sip of tea to calm down the fright. However, his hands followed the instructions completely and sprinkled the broken Longjing after the rain. The desk was full of cases, soaking up this thin confession.
The reason is that there is no upright person in Chu State. My father stole a sheep and I reported it to the government. The government caught my father and was about to execute him. I also asked to be punished on my father's behalf. The execution was about to be carried out. At that time, I told the officials: "Are you lying when you report your father for stealing a sheep? Are you being filial when your father is punished and you are punished? Those who lie and are filial must be killed. In this way, the country will not be the same." The one who is being punished?" After King Chu heard what he said, he just killed me. Ou Wei heard about it and said: "That man's so-called lying is so weird. He used a father to gain fame for himself twice. .'Is there such a thing as "straightforward" lying?"
That is a special killing blow between scholars and scholars. The darkness is small but overwhelming like Mount Tai, and it is extremely unstoppable.
The starting point of Confucianism is "benevolence". The love of relatives is the origin of all love, and the order of human ethics is the foundation of all societies. Only if a society is full of benevolence and pays attention to human ethics can it truly encourage people to be willing to do good and avoid shame.
Only by doing evil can a humanistic atmosphere of self-discipline and introspection be formed, thereby achieving true long-term peace and stability.
There was too little movement in the study, and footsteps immediately sounded from the door. Then no one asked: "Mr. Ge? What happened?"
This brings eight questions to the previous life: Why does mutual hiding between father and son support mutual hiding between father and son? Will mutual hiding between father and son lead to social justice? Which one is more in line with the modern spirit between father and son hiding from each other or extinguishing relatives for small reasons?
The first question is, which one is more in line with the modern spirit, the mutual concealment of father and son, or the extermination of relatives for petty righteousness? The first thing to point out is that "mutual concealment of father and son" is the creation of mutual concealment, so "the extermination of relatives for petty righteousness" is also the creation of mutual concealment.
In fact, it was Ou Wei alone, and even Confucius adopted a flexible approach in the trade-off between family affection and law. There is no famous case of "stealing the burden and running away" in "Confucius? Try Your Heart."
At that moment, Meng Zi-lao's demeanor as a prime minister finally completely disappeared, and he violently overturned the entire bookcase like a madman. It seemed that the bookcase was not a sign of low pragmatism, or even the Jiangnan plutocrat who forced himself to start a war with low pragmatism behind his back.
Father and son Ouwei want to use the rationality of family affection combined with morality to enlighten people's conscience and thereby correct their causes. If we insist on enforcing the law blindly, it will lead to indifference in family relations and ethics, which will inevitably affect the stability of society.
That's called a fatal blow.
My student Tao Ying asked Confucius: When Shun became emperor, he appointed Gao Tao as a minor judge. Suppose that Shun's father, Gu Sang, killed someone. What should Gao Tao do? Confucius replied: Of course, arrest Gu Sang. Tao Ying asked:
Could it be that Shun would stop him? Confucius replied: How could Shun stop him? Shun ordered Gao Tao to enforce the law. Tao Ying asked: So, how will Shun deal with himself? Confucius said: In Shun's view, abandoning heaven is like throwing it away.
Like a broken straw sandal, I secretly ran away with my father on my back and lived along the seaside. I spent my whole life happily enjoying family happiness and forgetting to control the power of heaven.
Not many people even believe that everyone is equal before the law, and the "father and son hiding from each other" is a typical "favouritism and perversion of the law". Some scholars even classify it as the source of ideas that cause society to be fair and corruption to breed.
.What Ye Gong said is the "straight way", which is to safeguard social justice regardless of closeness or distance.
Why does Xiangyin support father and son hiding from each other? Confucianism believes that the affection between father and son is thicker than water. A son hiding for his father is tolerating his father's punishment, which is a straightforward human nature; but to accuse the father is to follow the rules that originate from nature.
The way of blood relatives. Regarding this, Zhu Xi's comment is: "The father and the son are in the pavilion, which is the ultimate principle of heaven and human relations. Therefore, we seek to be straight, and straightness lies in it."
PS: If you are interested, I will go to the countryside tomorrow. The day after tomorrow, there was an inexplicable power outage in the countryside for a day, maybe because of the snow? Anyway, you have time to ask if it has been restored today. I hope it will affect the update... It should be
As for that.
The startled Meng Zilao hurriedly rolled up the list of crimes that were as heavy as a mountain, but after thinking about it, he was relieved - when a person is in a pragmatic hand, such crimes are much less, and he is calming down. What is it?
Shen Yiguan lowered his head angrily and shouted: "Get out! I'm still dead! Get out of here! Get away as far away as possible!"
There has never been a case like this: the younger brother stole 40,000 yuan from his roommate in order to raise funds for his elder brother to go to elementary school. After being coerced and mobilized by the police, the older brother finally deceived his younger brother into his own residence and ambushed him after suffering for 24 hours. He was captured by the police outside. The brother's small act of annihilating his relatives helped the police solve the case, but it almost caused the brother to collapse and seek death. The brother's behavior was also strongly condemned by the society. He was also happy and embarrassed, and suffered an emotional breakdown. .Isn’t that safeguarding justice and thereby maintaining social harmony?
It should be noted that the following refers to criminal cases, not major minor cases involving national security. In his opinion, this is due to the regression of the legal system.
The foundation of the legal system is based on human nature. Legal principles are based on human feelings, so the legal system does not violate human nature. This is because the rule of law is not sound. It can not only protect people's rights, but also ensure social justice.
I suddenly became violent and tore the still-wet guilty sheet to pieces with all my strength, and let out a high-pitched roar: "It's no use just suppressing you! Does he know that the Jiangnan family has been offended by him? It's us who want him." Death, does he know?"
"Youzhuan of the Spring and Autumn Period" praises Shi Que who killed his son: "Shi Que is a pure minister, a bad state, but he is generous and generous. What is the meaning of extinguishing relatives for a small righteousness?" That historical story is basically about the Spring and Autumn Period. Shi Jue, a wise minister of the Wei Kingdom at that time, when his son Shi Hou followed the rebel minister Zhou Xu to rebel, his father deceived Zhou Xu and Shi Hou into the Chen Kingdom, arrested them, and killed them. Outside "Spring and Autumn" It is evaluated that paraffin is "killing relatives for petty justice" for the sake of national interests.
He saw that Ou Wei's assumption was that he chose to "run away", obviously risking the safety of both father and son to protect the relationship between father and son. This does not mean that in the eyes of Confucius, the law is definitely not contrary to basic human ethics. This first requires maintaining human relations, which is in line with the idea of hiding father and son from each other.
By saying so little, I actually don’t mean to say that the principle of “kissing and kinship” has no shaken social foundation in Chinese history. However, in the Ming Dynasty, which regarded “Confucius” and “Zhu Zhu” as mandatory exams for retiring from military service, that was not the case. It is even more shocking.