Judge of the Song Dynasty

Having a young man in his twenties explain the ancestral laws they advocated for was already quite humiliating. If he succeeded in his explanation, they might as well die of shame. But using the Second Emperor’s decree to explain the First Emperor’s policies to define ancestral law was a brilliant move by Zhang Fei.

It was a well-thought-out argument, step by step.

“Hmm… you do have a point!”

Chief Censor Lu Hui stroked his beard and smiled, adding, “This decree is indeed an ancestral law, but as a pen-in-cap, you should know that under the legal text, there is also legal commentary. What do you make of that?”

Legal commentary, first introduced during the Tang Dynasty, had a significant impact on the legal system of the Chinese state. In simple terms, it provided supplements and explanations to the legal text.

No one could deny that the Second Emperor’s decree was the best statement of ancestral instruction, but Zhang Fei was arguing for ancestral law. From a legal perspective, laws had to be formalized.

So, Lu Hui applied the legal principle that the decree itself was the legal text, then what would be considered the legal commentary?

The legal commentary served as the explanation of the legal text, indicating that these officials weren’t foolish. They knew this debate was about the power to interpret ancestral law.

Zhang Fei remained composed and calm, asking, “What is Chief Censor Lu’s opinion on this?”

Lu Hui replied, “Ancestral laws differ from criminal laws; their primary purpose is national development and stability. The legal commentary on ancestral laws should be the policies implemented by the First and Second Emperors.” Many officials nodded and smiled in agreement.

However, Emperor Zhao Xu outside and Wang Anshi inside appeared slightly nervous.

Wang Anshi couldn’t accept this to be legal commentary.

If the policies of the First and Second Emperors were considered legal commentary, then there could be no reforms.

Emperor Zhao Xu also couldn’t accept it. Originally, the ancestral laws were vague enough for debate, but such a definition would force him to accept it.

Zhang Fei shook his head, “I don’t think these can serve as commentary; they can only serve as a reference. If they were considered commentary, it would violate the ancestral law.”

Everyone was stunned by this statement.

Lu Hui asked, “What did you say? The policies of the First and Second Emperors violate the ancestral law?”

His expression seemed to say, “I’ll give you another chance to straighten your tongue.”

Zhang Fei shook his head, “I didn’t say that. What I mean is, if we consider the policies of the First and Second Emperors as legal commentary on ancestral law, that would violate ancestral law.”

Lu Hui asked, “How is that different from what I said?”

“The difference is significant!” Zhang Fei turned to Xu Zhiqian, “Lady Xu, please distribute the documents with the red marks to everyone.”

Xu Zhiqian nodded, picked up a stack of documents, and handed them out table by table.

Outside, Emperor Zhao Xu was anxious.

What about mine?

By now, he was tense and no longer relaxed.

He wasn’t an outsider; in fact, this debate was essentially about the power of the emperor versus the power of ministers.

Xu Zun, being sharp, knew the emperor was nearby. He had read these documents and quietly handed a copy out.

Emperor Zhao Xu excitedly opened it, but disappointment showed on his face.

The document detailed only the key policies of the First and Second Emperors.

In summary, they could be divided into three points.

First, the military was too powerful.

The solution was to promote civil administration and suppress the military.

Second, the local regions were strong while the central government was weak.

This referred to the Tang Dynasty’s military governors and the fragmented states of the Five Dynasties and Ten Kingdoms period.

The solution was to gradually take back their power, control their finances, and reclaim their elite soldiers.

To put it bluntly, except for their women, they were left with almost nothing. The state was re-centralized.

Third, the emperor was weak while ministers were strong.

The solution was to divide administrative powers.

These policies were the best supplement to the Second Emperor’s decree!

Wasn’t this like shooting oneself in the foot?

Once everyone had read through the documents, Zhang Fei asked, “These are some policies of the First and Second Emperors that I have summarized from historical records. Do you agree?”

Lu Hui nodded, “Yes, yes, you have detailed them well. Would it be wrong to say these policies are the legal commentary to ancestral law?”

Zhang Fei countered, “Chief Censor Lu, are these policies not all corrections to historical malfeasances and problems?”

Lu Hui nodded, “Of course they are!”

Zhang Fei continued, “Can we also say that they are a summary of history, taking the best and discarding the dross?”

Lu Hui nodded, “Yes, that’s also accurate.”

Zhang Fei looked around and asked, “Do the rest of you agree?”

Except for Wang Anshi and Sima Guang, the other officials nodded.

Hey, you two old men, are you asleep? Zhang Fei insisted on asking them directly, “It seems the two presiding judges do not agree?”

Wang Anshi and Sima Guang knew this boy well. During the interrogation of Lin Fei, he had linked seemingly unrelated questions to his argument.

The best way to deal with his questions was to avoid answering them if possible.

As presiding judges, they weren’t suspects.

This allowed them to leave room for maneuvering.

The case had reached a sensitive point, and Wang Anshi didn’t completely trust Zhang Fei.

Unfortunately, Zhang Fei was staring at them.

Reluctantly, they nodded, filled with resentment.

They looked like they had suffered a great injustice.

If they could avoid nodding, they would. But this couldn’t be avoided. These were indeed the policies of the First and Second Emperors, which they referred to as ancestral laws.

“Alright!”

Zhang Fei nodded, “You all agree that the policies of the First and Second Emperors align with ancestral law, which is ‘establish a comprehensive order as precaution against malfeasance.’

And the policies of the First and Second Emperors corrected the malfeasances of history. So shouldn’t we also follow ancestral law and correct the malfeasances and problems we currently face?”

“……!”

This time, it was Lu Hui and Liu Shu who were worried.

While Wang Anshi and Emperor Zhao Xu were delighted.

This explanation was perfect.

Good boy!

You indeed have a plan!

“No, no!”

Lu Hui shook his head, “The First and Second Emperors only corrected the malfeasances of the previous dynasty.” New ɴᴏᴠᴇʟ ᴄhapters are published on novel✦fire.net

“Not true!”

Zhang Fei also shook his head, “This argument is inaccurate. Using to say they corrected malfeasances of history is more accurate.”

He looked at Xu Zhiqian again.

This time, Xu Zhiqian handed him a small note directly.

Zhang Fei read it, “The Tang Dynasty fell in the fourth year of Tianyou (907 AD), and our dynasty was established in the first year of Jianlong (960 AD). If Chief Censor Lu considers the Tang Dynasty the previous dynasty, what about the fifty-three years of warlordism in between? Did the First and Second Emperors correct the malfeasances of those fifty-three years?

If the previous dynasty includes the fifty-three years of warlordism, did the First and Second Emperors correct the malfeasances of the Tang Dynasty? If both the Tang Dynasty and the fifty-three years of warlordism are considered the previous dynasty, isn’t that history?”

Precise and thorough!

Wang Anshi was overjoyed, knowing that all this mention about ‘correcting malfeasances’ was most beneficial to him.

Reluctantly, Lu Hui nodded, “Using history as a mirror, we can understand the rise and fall of states. It is indeed more accurate to speak of correcting historical malfeasances.”

Zhang Fei asked, “So, would the past hundred years since the founding of our dynasty be considered history?”

Sima Guang sighed inwardly, “You people never learn. Answering this boy’s questions lightly is a mistake. Look, you’ve fallen into his trap again.”

Lu Hui nodded reluctantly.

Zhang Fei asked, “So, would correcting or improving the malfeasances of the past hundred years be following ancestral law or violating ancestral law?”

Sima Guang suddenly asked, “You have discussed the uniqueness of the ancestral laws. What about their binding force and universality?”

Wang Anshi quickly said, “Wait, I think this issue isn’t fully discussed yet!”

When in a favorable position, one must press the advantage.

Sima Guang looked at him, “Do you have more to add?”

Wang Anshi provocatively looked at Lu Hui and the others.

Come on!

Keep arguing!

You are learned scholars.

Don’t let this boy overpower you.

For Wang Anshi, this issue was crucial. The clearer it was, the better.

Lu Hui, feeling provoked, found it intolerable and said, “The presiding judge is right; this issue isn’t fully discussed.”

Sima Guang maintained his composure, nodding.

Lu Hui picked up the document Xu Zhiqian had given them and asked, “These policies have been the state’s policies for the past hundred years. Are you saying all these policies can be changed?”

This statement created an eerie tension in the hall.

“He’s entering dangerous territory…” Fu Bi murmured.

The policies listed aimed to prevent the rise of powerful generals, regional strongmen, and weak emperors overwhelmed by strong officials. They were the core policies of the Northern Song Dynasty, spanning its entire history.

According to Zhang Fei’s theory, these policies couldn’t be considered legal commentary and couldn’t be included in the concept of ancestral law. The implication was that these policies could be changed. But changing these policies would cause the entire structure of the Song Dynasty to collapse.

It would be disastrous.

Wang Anshi, previously delighted, now felt tense again.

Sima Guang muttered, “You’re shooting yourself in the foot!”

Wang Anshi replied, “Remember, Zhang San criticized you last time for being unprofessional as a presiding judge. I’m being professional here.”

“……!”

Sima Guang didn’t argue back.

Zhang Fei carefully replied, “If there are malfeasances and problems that threaten the stability of the dynasty, they can certainly be changed.”

Liu Shu, delighted, asked, “So, are there any malfeasances or problems in these policies?”

Zhang Fei said, “My argument is that these policies cannot serve as legal commentary because, according to ancestral law, we must prevent malfeasances and promptly correct problems that arise from prior policies.

If policies have problems, they should be corrected, including the policies listed here. If these policies are considered legal commentary, it would create fundamental contradictions with the legal text of ancestral law. From a legal perspective, this is very dangerous, and ancestral law is the foundation of the nation. It would be a disaster.”

“But I say these policies cannot be changed. The policies of the First and Second Emperors are perfect, and their descendants should follow them. In fact, they do.”

Xu Zhiqian whispered, “He’s being unreasonable.”

“These officials don’t understand the law! What a bunch of idiots,” Zhang Fei whispered back, then checked his notes, “Get Document Number Five.”

Xu Zhiqian found Document Number Five and handed it to Zhang Fei.

Zhang Fei read it for a while, then looked up, “Based on ancestral law, some policies listed here indeed have problems.”

You are doomed! Liu Shu, overjoyed, asked, “Which ones?”

Zhang Fei replied, “The problem of excess officials.”