Yang Fan said, "I'm using this example to illustrate that laws are created by people, so it's impossible for them to be perfect. There will always be some problems that we didn't think of when we created the law. When the law is obviously against morality, ethics, or even reason, it's ridiculous to insist on the law. Doing so even deviates from the original intention of creating the law."
Cheng Ling laughed coldly, "No matter how glib your tongue is, you are just trying to get Chang Zhiyuan off! Etiquette and law are the two most important matters. Doctor Yang, in this murder case, if we release the person according to the Book of Etiquette, then the law would be useless! If it is according to the law, then the murderer must die! Etiquette and law are both the ways of the king, how will you choose? "
Hearing this, Zhao Jiulong hurriedly promoted his own theory and continued, "That's why I said, Chang Zhiyuan not saving his father is against filial piety. Killing to save his father is too extreme. If it is not punished, there will be people who will break the law in the future. I, the Imperial Censor, advocate a light sentence, which shows filial piety and prevents people from breaking the law! "
Yang Fan said, "Imperial Censor Zhao is wrong, and Cheng Sizhi is even more wrong. Why do I say that? Because above the law and etiquette, there is a balance of righteousness and small righteousness. For example, the law of the Zhou Dynasty states that if someone commits a crime and you do not report it, then you are guilty! But if the criminal is your grandparents or parents, then you are guilty if you report it. This is because it involves filial piety.
If you see an outsider commit a crime, you are guilty if you do not report it. If you see your grandparents or parents commit a crime, you will be sentenced to death by hanging if you report it. However, if your parents or grandparents commit a major crime, the rules change. If you report it, you are not guilty, but if you do not report it, you are guilty. Why is that? "
Yang Fan glanced at them and said aggressively, "Why is it that when both grandparents and parents commit a crime, the former accuses you because you are unfilial? The latter does not accuse you because you are guilty? Because this is treason! Treason, the victims are thousands of families, so your family's filial piety must obey the public welfare of the world.
It can be seen that when there is a conflict between the law and ethics, it usually has to accommodate ethics. But this scope is limited to the law and moral ethics of one family and one surname. If the criminal's crime is harmful to the whole world, such as treason, then the law must be placed above filial piety, even if it is his children, they must also accuse him.
To sum up, be it Dharma or Dao, it all depended on one's mind to use it. It all depended on how effective it was to the people of the world. Chang Zhiyuan was so eager to save his father that he accidentally killed Pan Junyi. He did it out of filial piety and the only person he harmed was Pan Junyi. What did the victim do?
Pan Junyi was tempted by her beauty and set up a bet to force Cheng Shi to her death. The entire Chang family, Chang Zhiyuan's grandmother, father, and mother had all been harmed by Pan Junyi. Pan Junyi's actions were atrocious! Chang Zhiyuan died because of his filial piety, so he should be forgiven. In this way, not only will Chang Zhiyuan's filial piety be displayed, but it will also safeguard the justice of the world! "
Cheng Ling said, "If that's the case, then the old woman of the Chang family can be pardoned for killing her daughter-in-law. Isn't this filial piety? "
Yang Fan said with a straight face, "This is not filial piety! Compared to this old woman, Lady Cheng was young and strong, but when this old woman beat her to death, did she retaliate? She had already fulfilled her filial piety. After Lady Cheng was beaten to death, did her husband and son make a complaint? They did not, so they also fulfilled their filial piety.
Who made the complaint? It was the common people! The old woman of the Chang family was unruly and cold. It was obviously the work of a scoundrel, and her son's conduct was bad, but she took her anger out on her virtuous daughter-in-law, beating her to death. This aroused public anger, and the common people reported it to Bōshō and Marquis Wu. Then Bōshō and Marquis Wu reported it to Luoyang prefecture. This is righteousness, the righteousness of the world! "
At this point, Yang Fan used his dantian Qi and sent the last sentence of his closing argument far away. Even the yamen officials scattered in the corridor could hear it clearly. "If law cannot encourage moral behavior, then it is not good law. If the rule of law cannot encourage moral behavior, then it is not good governance! Based on this, this official believes that Chang Zhiyuan is not guilty! "
Cheng Ling said in a low voice, "The Supreme Court objects!"
Zhao Jiulong also said, "The Imperial Messenger Platform objects!"
"Then there is no other way!"
Yang Fan spread his hands and assumed the posture of a ruffian soldier. He said, "Since the three departments of justice each have their own opinions, it looks like there is no conclusion to this joint hearing between the three departments. Then … make a memorial and present it to the Hall of Governmental Affairs. Let the prime ministers decide! "
Crack crack crack …
A clap of autumn thunder rang out in the sky, adding a soul-stirring annotation to Yang Fan's words.
…
"Sigh!"
Prime Minister Su Weiwei held a brush in his hand and drew circles in the air for a long time. Finally, he could not write, so he put down the brush and switched to his other hand to support his cheek. He continued to sigh.
"Sigh!"
The eunuch beside him smiled and said, "Master Su, why do you keep sighing? Do you have a toothache? Do you want me to invite someone from the Imperial Academy of Medicine to treat you?"
This ancestor of Su Dongpo's had a good temper. The eunuchs who served him were not afraid of him. Sometimes, they would even joke with him.
Su Weiwei said with a bitter face, "It's not a toothache, it's a headache! The Three Law Division's lawsuit has been pushed to me, Old Su. What should I do? What should I do?! "
Among the prime ministers, Su Weiwei was mainly in charge of judicial matters. Thus, the joint hearing between the three departments of justice had not come to a conclusion, and the case had been sent to him. Yang Fan, Cheng Ling, and Zhao Jiulong all insisted on their own opinions. One was acquitted, one was sentenced to death, and one was sentenced to a reduced sentence. This great scholar, one of the "Four Friends of Literature", was extremely worried.
The eunuch asked curiously, "Master is a person of great knowledge. Can't you solve such a case?"
Su Weiwei shook his head and said, "It's easy for you to say. In this case, there are laws, etiquette, justice, morality, and the ways of the world. Even a living god would not be able to understand the disputes between factions."
The eunuch leaned against the table and held his chin with both hands. He asked curiously, "Then, who do you think has the best opinion among the three departments of justice?"
This question was very ambiguous. Grand Chancellor Su frowned and muttered to himself for a while. He thought to himself, "According to the Supreme Court, if Chang Zhiyuan is sentenced to death, then we will offend the Imperial Messenger Station and the Ministry of Justice. Liang Wangwu is standing behind Yang Fan. Thinking twice, it is not appropriate. Moreover, this matter has caused the people to be angry. Pan Junyi is seeking death. How can Chang Zhiyuan pay with his life?
According to the Ministry of Justice, if Chang Zhiyuan is acquitted, it will offend the Supreme Court and the Imperial Messenger Station. Behind them stands King Wu of Wei. This is not appropriate.
What about the Imperial Messenger Station's suggestion to reduce the sentence? The Ministry of Justice and the Supreme Court are not satisfied. Moreover, Prime Minister Li has already instructed us not to let the Imperial Messenger Station use this case to make a comeback and regain power. This will prevent cruel officials from running amok again. Therefore, the Imperial Messenger Station's verdict cannot be used. The only choices left are acquitted or the death penalty. However, no matter which choice we make, we will offend people … "
The eunuch saw that the more he thought about it, the more his face twisted into a bun. He could not help but cover his mouth and laugh. "Master, didn't you often say that one does not need to make a clear decision? If there is a mistake, there will be blame. However, it is better to be ambiguous and hold on to both sides. Then we can just smooth things over."
Su Weiwei frowned and said, "I can't, I can't! This matter was pushed to me because the three law departments are not clear about it. If I am ambiguous, where else can I push it to? Can I push it to the Emperor? "
As soon as he said this, Su Weiwei suddenly froze, as if he had been hit by a "Body Freezing Spell". The eunuch saw that his eyes were blank and his face was expressionless, as if he had been possessed. He could not help but feel afraid and quickly waved his hand in front of his face. He asked nervously, "Master?"
Su Weiwei's eyes moved, and suddenly he was full of smiles. He took out a box from under the table and gave it to the eunuch with a smile. "Haha! You are very good! Come, have some snacks! "
The eunuch stuttered, "Master Su, what's wrong?"
Su Weiwei kindly patted his head and said, "Master is fine. Eat some snacks. Master will go out for a while!"
After saying this, Su Weiwei put the transcript of the three law departments' statements into his sleeve and excitedly walked out.
…
In Wucheng Hall, Wu Zetian finished reading the transcript of the three law departments' statements. She said to Su Weiwei, "Does the Prime Minister want me to make a decision?"
Su Weiwei said in a deep voice, "Of course not!"
This man could preach the "ambiguity theory" in front of his colleagues and subordinates, but in front of the Emperor, he would never show that he did not have his own opinion.
Wu Zetian was puzzled. "So, Prime Minister Su, what do you mean?"
Su Weiwei cupped his hands and said, "Your Majesty, I think that the Imperial Envoy's compromise is not advisable in this case. Your Majesty has always been enlightened and clear about the country's laws. Guilty is guilty, innocent is innocent. How can we punish each side 50 times and ambiguously try to smooth things over? "
Su Weiwei, who had always believed in ambiguity, unexpectedly …
Shanghai Wan'er listened to Su Weiwei's righteous words. Even though she was nervously looking forward to the result to know if it would be beneficial to her Langjun, she could not help but want to laugh. The corners of her mouth curled up, but she quickly closed it.
Wu Zetian nodded and said, "Yes! The compromise is not advisable. So, Prime Minister Su, do you think that Chang Zhiyuan is guilty or innocent? "
"Hiss …"
Su Weiwei took a deep breath and frowned as if he had a toothache. "Your Majesty, this is the problem!"
Wu Zetian could not help but twitch the corner of her mouth.
Su Weiwei frowned and said with great difficulty, "If this case is judged innocent, I'm afraid that the world will follow suit and there will be more murder cases. The law cannot be unjustly applied. If he is sentenced to death, the people's hearts cannot be deceived and the will of the people cannot be disobeyed. Moreover, Pan Junyi has his own way of seeking death. "
Wu Zetian said helplessly, "So, do you think that he should be judged innocent or sentenced to death?"
Su Weiwei said in a powerful voice, "In my opinion, he should be judged guilty! But … "
Wu Zetian's eyebrows, which had just been raised in admiration, quickly drooped down. She asked, "But what?"
Su Weiwei stood up and lifted his robe. He bowed deeply and said in a sonorous voice, "Pan Junyi conspired against someone else's wife and set up a trap. Hateful! Chang Zhiyuan saved his father and killed someone. Now he is in prison. How pitiful! I beg Your Majesty to give me a special pardon so that Chang Zhiyuan and all the filial sons in the world can bask in Your Majesty's great kindness! "
After a while, Wu Zetian looked at Su Weiwei's receding figure and smiled bitterly. "This Su Moleng …"
Shangguan Wan 'er mischievously said, "He's a crafty old fox!"
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