If you don't give up, I'd like to be your adoptive father.
Chapter 1467 Discussing Law with Legalist "Sages"
Chapter 1467 Discussing Law with Legalist "Sages"
In Xiaoyu's previous life, her strongest impression of the Qin Dynasty's laws was that they were strict and meticulous.
After transmigrating, especially after arriving in Shenzhou, her impression of Qin Lu changed drastically, becoming one of "chaos."
It wasn't that the laws and regulations were chaotic. Although the content was indeed complex, so much so that Hu Hai, a person of above-average intelligence, had to study Qin laws under Zhao Gao for decades.
The Qin laws were complex yet systematic, bordering on excessively comprehensive. They governed every aspect of a person's life, from birth to death. It seemed as if Ying Zheng intended to regulate all affairs of the world through law.
However, the implementation of Qin law was chaotic.
The imperial court needed a large number of people to perform corvée labor, and the Qin Dynasty's laws on corvée labor were complete, systematic, and relatively sound. They did not excessively oppress the people or have a significant impact on their normal lives.
The corvée labor in the prefecture, also known as the palace guard, lasted only one month a year.
Becoming a regular soldier and serving in the regular army typically involves only one year of training before returning to one's hometown. One could become a self-employed individual in the county like Fan Kuai, be assigned to grassroots work like Liu Ji, or simply return home to become a farmer.
If one were to serve as a garrison soldier at the border, one generally had to be an adult male and have children, and there was also a time limit for service.
This level of corvée labor was bearable for the common people and met the basic needs of normal state operations in Qin when Shang Yang formulated the laws for Qin. However, it was far from satisfying the insatiable desires of the powerful nobles of Qin, led by Ying Zheng.
What?
They let ordinary people commit crimes, and then dragged the criminals to serve as free labor.
What if ordinary people don't commit crimes? It's simple, whether you commit a crime or not is up to the government.
Even if you urinate in front of your own house, the "conscription officer" in the government office will seize on it as an excuse to say that you have violated a certain Qin law and have to perform corvée labor to pay for it.
In order to avoid being conscripted into forced labor by the government officials, or to rescue relatives who were already serving forced labor, one could go to the battlefield to earn military merit and use that merit to offset one's crime.
The twenty-level military merit system was not a shortcut to upward social mobility, but rather a legitimate way to obtain a pardon.
So, did the powerful and wealthy of the Qin Dynasty know that the Qin laws were very "chaotic"?
Of course I know! Li Si was a "sage" of Legalism.
In fact, the chaotic state of Qin law that Xiaoyu saw when he first entered China was intentionally created by Li Si.
He knew he shouldn't do this, but the emperor needed it.
When Xiaoyu became Grand Tutor Yu, she thought the current Qin laws were too harsh and said to the ministers: "We have been practicing benevolent governance for ten years, so the laws must also be changed."
Without her involvement, Li Si immediately produced a new law that was simpler yet still perfect.
What's even more remarkable is that the new law and the old Qin law did not fundamentally conflict; in fact, they complemented each other: the new law was concise and precise, easy for ordinary people to understand, and its implementation was free of ambiguity. The old Qin law, as a supplement, could be used to provide detailed explanations in difficult cases.
Therefore, with ten years of benevolent governance, the new law did not encounter any major problems in China, its promotion went smoothly, and its implementation was very simple.
Even Liu Laosan's sister-in-law knew that under the new law, if Liu Laosan committed a crime, she would not be implicated.
She was confident, so she agreed to let Liu Taigong stay and harvest the grain.
The only thing she miscalculated was Liu Laosan's crime. Liu Laosan's decision to become an outlaw in the mountains wouldn't actually implicate her, given that they had already separated from the family.
But this time, Liu Laosan's rebellion was based on irrefutable evidence, and it even alarmed the "Central Committee".
"Who are you referring to as 'restless people'?" Grand Tutor Yu asked.
She understood what the "Old Qin Law" represented, and naturally immediately understood Li Si's meaning: in the name of the law, a group of innocent or minor offenders were falsely accused of serious crimes.
Once someone becomes a serious criminal, they naturally lose their political and human rights and are at the mercy of the imperial court.
"The late emperor was able to achieve his great cause because he was blessed with divine mandate and possessed unparalleled wisdom and courage."
Without the assistance of civil and military officials, His Majesty would probably not be able to accomplish anything.
Even the greatest heroes in the land, like the late emperor, needed the assistance of a "divinely appointed minister".
Those so-called 'heroes of China,' how could one tree make a forest?
A sharp glint flashed in Li Si's eyes. "If we can't cut down the big tree directly, we should first prune the branches that can shelter it from the wind and rain."
The chosen advisors of heroes are usually relatives, old friends, fellow villagers, or friends.
We used the old Qin laws to arrest all their old friends, fellow villagers, and acquaintances.
The most talented young men were selected. Instead of killing them, they were granted official positions and titles and transferred away from their hometowns.
The solution is simply to separate them from the so-called "chosen one," preventing them from meeting.
Yes, we can transfer the 'Heavenly Mandate Minister' to the north to support the Great Wall Army in resisting the Xiongnu.
They used their destiny and wisdom to serve my Great Qin and contribute to the land of China.
To avoid giving others cause for criticism, their families could be transferred to Guanzhong first, and then officials selected by the Xianyang magistrate could be reassigned to border areas such as Jiuyuan County, Beidi County, and Longxi County.
They committed serious crimes, yet the imperial court not only spared their lives but also granted them official positions. Who could say anything about that?
Grand Tutor Yu pondered for a long time before saying, "Your idea is quite good, but your methods are too insidious."
As the legitimate successor of the dynasty, even if one wants to do 'bad things,' one must do them openly and honestly.
Tell the world your "cut the tree by clearing the branches" strategy. Tell those people that although they have not committed any major crimes, for the safety of Qin, they must be transferred to the north to avoid the turmoil in the Central Plains.
Li Si's old face was contorted with rage, and he wanted to shout: "You say I have insidious methods, but I would also like to say that you are too domineering and unreasonable!"
I can arrest people using the old Qin laws, which is at least outwardly legitimate and legal.
Your blatant domineering behavior is bound to draw criticism from the world.
He ultimately didn't shout it out, because Grand Tutor Yu bluntly stated, "Do bad things in a dignified manner."
They've already admitted to doing something wrong, so what else can you call them?
He didn't shout, but he had something to say: "According to the old Qin law, those who were arrested and exiled suffered in their hearts but couldn't cry out."
They must be filled with grief and indignation, shouting from morning till night, for arresting people who speak out against innocence.
They shouted to the people, they shouted to the heavens, they called out to the Heavenly Emperor, the Jade Emperor, and the Three Pure Ones.
Grand Tutor Yu said, "It's not that you're innocent, it's that you're not guilty of a serious crime. Hmm, this is called the crime of 'threatening the security of the Great Qin'."
That's true! I think your analysis just now makes a lot of sense.
A single tree cannot make a forest; a person destined for greatness must have a divinely appointed advisor to help them succeed.
Now that the chosen one has rebelled, doesn't the chosen minister pose a threat to the safety of Qin?
"Grand Tutor, have you ever considered that if a 'threat to the security of the Qin Dynasty' is successful even once, future officials or emperors might follow this precedent and relentlessly suppress dissidents, harm virtuous officials, and cause endless troubles?" Li Si said solemnly.
Grand Tutor Yu was somewhat speechless. "You have used the old Qin laws as a tool to exploit the people, and they have long lost their sanctity."
"How dare you say such a thing now?"
Li Si blushed and said, "The old Qin laws were just too harsh in their enforcement; they did not lose their authority and credibility."
Ask any common person in the land, who wouldn't fear the laws of Qin?
"Are they afraid of the Qin law? They are afraid of the power that enforces the Qin law, that is, the sticks of the constables."
"If they were truly afraid of the Qin laws, how could one person rise up in rebellion and millions follow suit?" Grand Tutor Yu said.
"The majesty of the law is maintained by the authority of the monarch and the military force of the court. Without military force, the great principles spoken by sages can only be praised, not followed."
"No one truly practices the teachings of the sages, yet everyone in the world obeys the law," Li Si exclaimed excitedly.
Grand Tutor Yu glanced at him thoughtfully and asked, "How does Prime Minister Li define 'law'?"
Without a second thought, Li Si blurted out, "Laws are naturally the tools by which a monarch governs his people."
Not for justice or morality, but solely for national wealth and military strength, to consolidate and reinforce the absolute power of the monarch.
Grand Tutor Yu sighed, "It still comes down to Han Feizi's theory of 'law, technique, and power'."
Li Si was more excited than ever before. He jumped up from his chair, his hair and beard bristling, his eyes wide with fury.
"Grand Tutor Yu, you have insulted me too much! This is my theory, why do you say I am imitating Han Fei?"
"Prime Minister Li, don't be impatient!" Feng Quji quickly pulled him back to sit down. "It's just a discussion of metaphysics and philosophy."
Moreover, you've strayed too far from the topic. Let's continue with the 'pruning strategy'.
Grand Tutor Yu said, "Perhaps you have your own theory, but I'm not wrong."
Your theory does not go beyond Han Feizi's concept of "law, technique, and power".
If you want to shout with confidence, you have to at least take a different path from him.
Now you are in a struggle for the Great Dao. He is ahead, and if you don't change your path, you will forever be overshadowed by him.
Li Si was somewhat indignant, "This is the truth; to change it is to deviate from the truth."
Grand Tutor Yu said, "Why can't it change? As a pragmatist, you have already proven with facts that Han Fei's theory of magic and power has very serious flaws."
Li Si exclaimed in surprise, "How could there be a flaw? How can I prove it?"
Grand Tutor Yu said, "Han Fei put forward the theory, and you turned the theory into reality. The entire Qin Empire was the testing ground."
As a result, the Qin Dynasty, which brought Legalist theory to its peak, lost its Mandate of Heaven and perished after only two generations.
Believe it or not, once the Qin Dynasty truly falls, Legalism will inevitably become second-rate, a mere appendage of Confucianism, or even be 'refined' by Confucianism.
Just like how I, the Dream-Eating Demon Ancestor, refined other old demons, plundering their demonic paths and making them my own.
Li Si's face paled, and he shook his head repeatedly, saying, "Impossible. Even the Heavenly Court is reforming its laws now, and the Jade Emperor is even consulting Han Feizi! Our Legalist school is about to reach its true peak and will be passed down for ten thousand generations in the mortal world. How could it be relegated to second-rate status?"
Grand Tutor Yu said with disdain, "The path of immortals is always half a step behind the path of humanity, because it is the path of humanity that leads the path of immortals, not the other way around."
Feng Quji said, "The loss of the Mandate of Heaven by the Great Qin was due to many factors, and it does not mean that Legalism is ineffective."
He is not a mathematician; he is simply speaking on behalf of the Qin Dynasty's laws.
Grand Tutor Yu said, "What is the core of Han Fei's tactics and power? The monarch! That is the crux of the problem."
"Power" refers to the supreme authority of the monarch.
"Techniques" refers to the power and tactics a ruler employs to govern his subjects; these techniques are kept secret and cannot be made public.
"Law" refers to the publicly known rules for governing the people.
Han Fei, the foremost Legalist, had only one core idea, which Li Si just mentioned: to help the monarch govern the people.
The purpose of enriching the country and strengthening its military is to consolidate and expand the monarch's power, not to ensure that the people live in peace and prosperity.
Therefore, Li Si, this Legalist "sage," deliberately made the laws both chaotic and corrupt to satisfy the monarch's needs and consolidate (his own perception) the monarch's rule.
Therefore, the Qin Dynasty was very wealthy, and its military strength was unparalleled throughout history, but the people did not live well.
Because the laws based on Han Feizi's theories were not intended to improve the lives of ordinary people.
"With the monarch at the core, there is a major premise—the monarch should always possess supreme power."
Grand Tutor Yu looked at Li Si with a strange expression. "Prime Minister Li, let's discuss this matter objectively. Please don't get agitated!"
You're a powerful minister, aren't you? You yourself don't acknowledge that the Second Emperor should have absolute power.
Do you think that the power you currently possess is reasonable?
Because you are wiser and more skilled at governing the country than Hu Hai.
Li Si opened his mouth wide, wanting to shout excitedly, but no sound came out.
Feng Quji, Lieyang Wang, and even Meng Yi, who had planned to be a mere bystander, all changed their expressions drastically and looked at Grand Tutor Yu in horror.
It wasn't that I was shocked by her rebellious words, but rather that her simple statement seemed to prove her own conclusion: Han Feizi's laws had serious problems.
Grand Tutor Yu smiled faintly and said, "The key point is that your idea is completely correct."
You are smarter and more experienced than Hu Hai.
If Hu Hai were to rule the country, and the laws were to serve Hu Hai's fundamental purpose, then the Qin Dynasty would surely perish.
You have governed the court to the point that it no longer needs an emperor, nor does it need me, the Grand Tutor who is entrusted with the Mandate of Heaven.
The reason why a monarch should not naturally possess supreme power is that a monarch is not a natural saint.
The late emperor was wise and magnanimous enough.
Qin law helped him achieve national wealth and military strength, but Qin also lost its mandate of heaven under his rule.
Li Si asked hoarsely, "If the law doesn't help the ruler govern the people, what should be its core?"
Grand Tutor Yu said, "If you only want to surpass Han Fei, you can change 'King' to 'Sage King'."
A wise and benevolent ruler is perfect; everything he does is right. The law, as his tool for governing the people, is naturally infallible.
Since a sage ruler cannot be born, how can we guarantee that a ruler will become a sage ruler?
First, teach the king to be a sage ruler.
How to train a wise ruler?
Li Si immediately thought of Hu Hai, who was trying to become a sage ruler.
How did Hu Hai become a sage ruler? Learn from the great Confucian scholars!
His face turned pale instantly.
Confucianism can indeed "refine" Legalism.
Grand Tutor Yu sighed, “When it comes to ‘teaching a sage ruler,’ Confucianism has a huge advantage. But Legalism is not without a chance to reverse fate.”
In the past, the laws of the Legalists served the monarch and governed the people.
If the law could govern a monarch in the same way it governs the people, and in the name of the law, tame the monarch into a sage ruler, wouldn't that be perfect?
Everyone was shocked again, this time not because of logical coherence, but because of her extremely rebellious words.
(End of this chapter)
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