Fang Yun didn't seem to notice the reaction of the Legalist scholar and continued speaking.
"We don't care about the law, only the primitive rules. If we think about it further, where do the primitive rules originate from?
"From survival? There are many rules that don't affect survival.
"From quelling conflict? If we study primitive societies, we will find that people in primitive societies are more equal. They don't even have the concept of private property. Everything is collective, and there are very few conflicts. "
"From divine bestowal?" Fang Yun's expression suddenly turned solemn. "We humans have experienced countless hardships. Countless sages used their corpses to pave the path of progress, allowing us to develop to this day and obtain countless achievements and merits. If we shamelessly claim that this is a divine bestowal, that would be tarnishing the sages of the past. It would be the same as burning their bones and scattering their ashes. It would be the same as denying our bloodline, denying our wisdom, and denying the reason for our human race's existence! Since everything is a divine bestowal, what's the use of humans? What have humans done? Such a person was worse than an insect, worse than an ant! Therefore, I don't wish for humans to have such voices. Those who say such things are the product of the human race's failure. They should be nailed to the pillar of shame in history! "
The scholars below nodded in agreement with Fang Yun's words.
"Returning to the topic, if we study it carefully, we will find that our ancient ancestors definitely took many factors into consideration when making the rules. Among these factors, there is survival and conflict, but because there are so many factors, none of them can become the origin of the primitive rules. "Then, let us continue to deduce. What is it that made our ancestors take so many factors into consideration? Perhaps some people will think that it's fine to just casually make the rules. If someone is unlucky, then so be it. If someone does something bad because of this, then so be it. If a child is bullied, then so be it. If an old person is killed, then so be it … "
Fang Yun deliberately paused for a few seconds before continuing. "After hearing me say this, you will naturally have some resistance in your hearts, thinking that it's not good. You see, this is the main point. We are actually following an underlying standard to make our judgments. Especially when you were making your judgments just now, I'm afraid that most people won't consider whether it's legal or not. Instead, they will think it's not good, not reasonable, and not reasonable. Then, we will naturally come to the conclusion that this standard is morality. "
"Our ancestors made the primitive rules according to our morality, and the primitive rules affect the current laws. Therefore, the origin of law is morality. "
There was complete silence in the hall. Some people were deep in thought, some agreed, and some looked doubtful.
Fang Yun smiled faintly and said, "I've said it before, I'm not trying to come to a conclusion about the origin of the Dharma. I'm just talking about my personal opinion. At least until now, no one can deny that morality is one of the most important factors influencing the rules of primitive society. "
"I can already see that many people below the stage are not convinced. After all, to everyone's knowledge, Confucianism values morality the most. The Hall of Rites also values virtue and morality. Moreover, there are currently some Legalists who want the law to completely break away from etiquette and morality. But in fact, everyone is influenced by morality, even immorality. "
"Let me give you a simple example. If we don't consider morality, and only look at murder from the content without emotion, then if one person kills another and the victim dies, because there is no morality as a standard, we will give up on emotion and reason. If we only look at it from a purely neutral point of view, our sentences for all murderers should be the same, because the process is killing, and the result is death."
"However, the reality is that we have emotions and morality. Therefore, when it comes to manslaughter, justifiable self-defense, or cruel killing, the sentences are different. If the law doesn't consider emotion and morality, and only judges according to the law itself, it won't hold water. "
"Therefore, if we really make a law that doesn't consider morality and reason, it will be the end of humanity."
"At this time, we need to talk about sentencing. Currently, most Legalists support 'retribution sentencing'. There's no need to explain it too much. Just from the meaning of the words, it can be seen that the sentencing of this law is based on the crime committed. It's a punishment for criminals, and the heavier the crime, the heavier the punishment. It's obvious that punishing those who do bad things comes from human morality. "
"However, there are very few Legalists who believe that sentencing shouldn't consider morality. The law isn't for punishment, but to prevent and stop crime. However, if we think about it carefully, we will come to some absurd conclusions. For example, if a person kills someone, then to prevent him from committing another crime, he will be sentenced to ten years of exile. Then, if a person says he wants to kill someone, or might kill someone, then shouldn't the crime be the same? "
"If sentencing is to prevent a person from committing another crime, then it's impossible to determine how many years the punishment will be, because who can be sure 'when the murderer won't commit another crime'? Is it the murderer himself, the Supreme Court Chancellor, or the Saints? I can say without a doubt that the Saints can't do it. If the Saints can do it, they will definitely slap the murderer to death, and then say that from now on, they will guarantee that the murderer won't commit another crime! "
"Of course, there are also peacemakers who want to compromise. They believe that sentencing should consider both punishment and prevention. Then, everything goes back to how it was before. The law is ultimately based on morality. Only laws based on morality are laws that are just. Unjust laws are used by a minority to protect their own interests, just like how slave masters dictate what slaves should and shouldn't do. "
Hearing this, the Legalists all felt that Fang Yun's words were easy to understand, and he explained the relevant matters very clearly.
However, the emotions of the Legalists clearly fluctuated, because they could vaguely sense Fang Yun's goal. Unlike the opposition and doubt from before, many of the Legalists were actually looking forward to it.
Fang Yun continued, "We've finished talking about the source of law and how it is affected. Then, we should now consider who can make the law, and who makes the law for!"
While everyone was looking forward to it, Fang Yun suddenly changed the topic. "Before we talk about making the law, I'll quote a line from Han Feizi, Han Sheng, from the Five Dulces. 'However, those who have the Dao of Mei, Yao, Shun, Tang, Wu, and Yu in today's world will definitely laugh at the new Saints. Therefore, the Saints do not wish to cultivate the ancient ways, and do not have the usual laws. Regarding the matters of the world, it is because they are prepared. '"
"In the previous part of this sentence, Han Feizi believed that in the primitive era, Youchao taught people to build houses on trees, and Suirenshi taught people to drill wood to make fire, so people respected and respected them. However, if in the Xia dynasty, people still used the ancient method to build houses, drilling wood to make fire, they would definitely be laughed at by Yu the Great. If in the Shang and Zhou dynasties, people still believed that the first thing to do was to control the flood, they would definitely be laughed at by Shang Tang and King Wu of Zhou. Then, back to this sentence, if people still praised the Dao of Yao, Shun, Tang, Wu, Yu, and the others, they would definitely be laughed at by the current Saints. True Saints would not expect to solve everything by copying the ancient methods, and they would not completely follow the old rules and customs. Instead, they should make the corresponding laws according to the current situation. "
"Then, I'd like to ask everyone, what is Han Sheng talking about?"
No one answered. Everyone stared at Fang Yun with shining eyes, wanting to know the answer.
"The heavens are not to be feared!"
"The ancestors are not worthy of the law!"
"People's words are not to be feared!"
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