Judge of the Song Dynasty

Confucian morality was problematic?

Sima Guang’s mouth began twitching frantically.

You make sweeping generalizations about ‘preserving wealth among the people’, and now you dare question Confucian morality?

Seeing Sima Guang furiously building up anger, Zhang Fei immediately panicked and hurriedly said, “Academician Sima, shall we sit down and discuss this calmly? If others see this, it could cause misunderstandings.”

Sima Guang took a deep breath. “Zhang San, if you don’t explain your reasoning clearly today, this matter won’t be over.”

“Yes, yes, of course!”

Zhang Fei was extremely deferential.

Being caught between Wang Anshi and Sima Guang was truly life-threatening.

If it were someone like Cai Jing or Qin Hui, those great treacherous officials, things would be much easier.

After all, those corrupt officials only cared about benefits and power, and had questionable personal virtues, so there was room for discussion. But Wang Anshi and Sima Guang discussed political ideologies and even values. Moreover, they both had impeccable personal conduct, except that Wang Anshi wasn’t too fond of bathing.

Talking to such people, one lacked confidence from the start.

But Zhang Fei had to face it. Their political ideologies were completely opposite, and navigating between these two was definitely a delicate task.

After Sima Guang sat down, Zhang Fei poured him a cup of hot tea.

Sima Guang waved his hand, “First explain your reasoning.”

Zhang Fei could only place the tea on the table and sit down, saying, “Academician Sima’s policy of light taxation and preserving wealth among the people is entirely based on Confucian morality.”

Sima Guang frowned and asked, “Is there something wrong with that?”

“Of course it’s wrong,” Zhang Fei shook his head.

“What?”

Sima Guang began building up anger again.

Zhang Fei said, “When you speak of ‘light taxation and preserving wealth among the people’, it isn’t meant to educate others, but rather to establish a governing philosophy. Since these ideas are based on Confucian morality, it means the governance of the entire country would be founded on morality. Is this correct?”

“Isn’t it?” Sima Guang’s eyes were nearly popping out.

“Well…”

Zhang Fei decided to speak diplomatically: “Does Academician Sima know the story of Duke Xiang of Song?”[1]

Sima Guang immediately replied, “I know what you want to say, but do you know how many times greater the casualties were in the Warring States period compared to the Spring and Autumn period?”

Zhang Fei remained silent.

Sima Guang continued, “Do you know the difference between the Spring and Autumn period and the Warring States period? During the Spring and Autumn period, both sides of conflicts still observed courtesy and morality. But entering the Warring States period, morality declined, propriety collapsed, and a single battle could claim over a hundred thousand lives. The cost of losing a battle in the Spring and Autumn period was far less than winning one in the Warring States period.

Do you also know what kind of life people lived during the previous era of regional military governors? Moreover, without Confucian morality, how could you even stand in court? If we only followed the law, neither Xu Zun nor Lu Gongzhu would have allowed you to argue in court. It was precisely because they were deeply educated in Confucianism that they allowed you to present your case.”

After this stern lecture, Zhang Fei was sweating profusely, almost wanting to slap himself. What was he thinking, bringing up historical examples with this old man! He had truly made a mistake.

This was definitely a major error – one could discuss cases with Sima Guang, but never historical examples.

Seeing his silence, Sima Guang asked somewhat disappointedly, “What? Nothing to say?”

Zhang Fei nodded, “Academician Sima’s lesson is correct. I was wrong.”

These words had indeed left him speechless.

Especially that last point – his ability to argue in court previously wasn’t actually permitted by law, but rather granted by Confucianism.

If one were to strictly follow the law, Xu Zun would have had a hundred ways to deal with him at the time.

The same went for Lu Gongzhu.

Why did they give him a chance? It was because they were upright and impartial – all qualities given by Confucian thought.

That’s it?

Sima Guang was stunned – things had just begun, and he didn’t want his opponent to give up so easily. It would be no fun.

Just as he had built up his momentum, Zhang Fei’s sudden concession left Sima Guang at a loss. His old rival Wang Anshi never backed down and would argue with him until the sky turned dark.

How dull! Sima Guang couldn’t even muster any anger. Feeling dejected, he said, “Tell me your views first.”

“I won’t say anything more.”

Zhang Fei kept shaking his head, “Whatever I say, you’ll just lecture me.”

Sima Guang clicked his tongue, “Weren’t you quite argumentative in court?”

Zhang Fei replied, “Court was about law. I’m not skilled at discussing morality.”

Angry at his unwillingness to debate, Sima Guang said, “Don’t you know how to use law to counter my arguments about morality?”

Zhang Fei said plaintively, “I had planned to use law to counter your moral arguments. But the problem is… I can’t deny that without Confucian morality, I wouldn’t have been able to argue in court at all.”

Sima Guang was incredibly frustrated. It was like all the buildup had led nowhere – just as things were getting started, they hit a red light.

This was maddening.

Sima Guang waved his hand, “Just pretend I never said that.”

“What? We can do that?”

Sima Guang took a deep breath and said, “Just tell me your views on preserving wealth among the people.”

Zhang Fei shook his head like a rattle drum, “No. You’ll just lecture me again if I do.”

Sima Guang said angrily, “I just want to hear your opinion. As they say, among three people walking together, one can surely be my teacher. I’m not that stubborn.”

Aren’t you though? Zhang Fei’s eyes flickered as he said, “If I speak, you can’t scold me.”

“I won’t scold you.”

Sima Guang said, “I never scold people.”

“And you can’t lecture me either.”

“I won’t lecture.”

Sima Guang added, “But if you say something wrong, I should correct you, right?”

Zhang Fei said haughtily, “At least wait until I finish speaking before correcting me?”

Sima Guang said with mixed amusement and irritation, “Today I’ve discovered just how difficult it is to discuss anything with you.”

Zhang Fei defended himself, “Academician Sima, you’re widely read and deeply learned. I’ve only read the Song Code of Punishments – of course it’s difficult!”

At that moment, Sima Guang deeply missed Wang Anshi. He said, “Alright, alright, speak. I’ll wait until you’re done before correcting you.” Follow current ɴᴏᴠᴇʟs on novᴇlfire.net

“A gentleman’s word cannot be taken back by four horses.”

“Speak!”

“Very well!”

Zhang Fei nodded and began, “Academician Sima’s idea of preserving wealth among the people relies on concentrating wealth in the hands of those who are well-versed in Confucian education, who have morality and are responsible. But the problem is that morality alone cannot build a nation.”

“Who-“

“Let me finish.”

Zhang Fei quickly interjected.

Sima Guang lowered his hand, “Then speak quickly.”

“Yes.”

Zhang Fei nodded and continued, “Without rules there can be no order. A nation must be built on laws. Though laws stems from morality, once it has emerged, the distinction must be clear. When Academician Sima earlier accused me of overgeneralization, the one truly overgeneralizing was you.”

“You-“

“I’m not finished yet.”

“…Continue.”

Zhang Fei went on, “In terms of law, what exists exists, and what doesn’t doesn’t. You can’t use ‘bad apples’ or ‘overgeneralization’ as reasons. Earlier, Academician Sima mentioned that when landlords lived poorly, commoners would suffer even more – that’s true. But why is this happening? It’s not mainly because the imperial court lacks morality, but because it doesn’t follow the law.

Clearly, light taxation and preserving wealth among the people must be based on law, not morality. Because morality is personal self-restraint, while law is public power restraining individuals.

Academician Sima can never achieve concentrating wealth in the hands of virtuous people. Where there’s one Wei Yushan, there will certainly be a second. That’s pure gambling. Personal interests can be gambled, but national interests absolutely cannot be treated this way. When I quoted the story of Duke Xiang of Song earlier, I was trying to make this point – nation-building must follow proper rules and methods.”

“Have you finished speaking?” Sima Guang asked.

“More or less,” Zhang Fei replied. “I just wanted to say that since the law already gives those people privileges, it’s too much when they still break it anyway. They should be severely punished.”

Sima Guang nodded directly and said, “You just said morality is personal self-restraint, while law is public power restraining individuals.”

Zhang Fei nodded.

Sima Guang asked again, “Then let me ask you, do people stand above the law, or does the law stand above people?”

Zhang Fei fell silent.

Sima Guang continued, “If you can’t restrain people properly, who will respect the law? I know better than you about those people evading taxes. I also want them to pay taxes. But if you use law to restrain them, I tell you, it won’t be those people who disappear, but the law itself.

That’s why that Wang Anshi’s reforms are bound to fail.

If you want to govern the country, you must emphasize Confucian education and cultivate officials like Lord Fan and Lord Bao. Only then can you stop such phenomena. So you see, virtue is more important than law.”

Rule by men or rule by law?

Rule by men.

So which is more important, people or law? People are definitely more important.

The law was like clay – its shape depended on who held it.

Meet Xu Zun.

Soar high!

Meet Wang Hong.

Doom!

It’s that simple.

As expected of a man who wrote the Comprehensive Mirror for Aid in Government, his insight was truly penetrating! On this point, he certainly surpassed Wang Anshi. Zhang Fei’s eyes shifted as he nodded repeatedly, “Yes, yes, yes! Academician Sima’s instruction is correct. Ah, this is what happens when one doesn’t study enough!”

Sima Guang smiled and asked, “What do you mean by that?”

Zhang Fei said, “I haven’t read other books, only the Song Code of Punishments, so I often had the misconception that law was above people. This led to my confusion about many things. I couldn’t understand why such a simple matter – not paying taxes is illegal, breaking the law deserves punishment – couldn’t be accomplished. Now I understand.”

Sima Guang teased, “That’s why you’re always getting into trouble.”

“Come to think of it, that’s true.”

Zhang Fei nodded repeatedly and continued, “Academician Sima truly deserves his position as Hanlin Academician. This explanation has opened my mind. If all court officials were like Lord Fan, then from the emperor above to the common people below, none would dare to act against morality, and there would be peace under heaven.”

Sima Guang stroked his beard and smiled, “You are teachable indeed.”

That was exactly it.

If all officials were like Fan Zhongyan, there would be no need for reforms – the world would naturally be at peace.

From this, one could also deduce their theoretical basis for preserving wealth among the people – if wealth were concentrated in the hands of moral gentlemen like Fan Zhongyan, there would absolutely be no problems, and the country would definitely enjoy lasting peace and stability.

Based on this point, “the people” definitely didn’t refer to ordinary civilians, but rather to the local gentry and landlords, because ordinary civilians hadn’t studied and didn’t understand loyalty, filial piety, propriety, righteousness, integrity, and shame – how could they become like Fan Zhongyan?

“Wait, that’s not right!”

Zhang Fei seemed to suddenly realize something.

Sima Guang asked, “What’s not right?”

Zhang Fei scratched his head and said, “We just said the problem lies in people being above the law, so it’s still a problem with the law. Shouldn’t the solution be to make the law above people?”

Sima Guang’s expression changed abruptly.

Zhang Fei didn’t notice and continued scratching his head, saying to himself, “If we say we should cultivate officials like Lord Fan, with everyone adhering to morality, then from the emperor above to the common people below, none would dare to easily violate morality.

But maintaining virtue is much harder than respecting the law. If all court officials respected the law, then couldn’t we say…”

At this point, he furtively glanced at Sima Guang.

Seeing Sima Guang staring at him expressionlessly, and noticing his glance, Sima immediately said, “Well, go on!”

Zhang Fei chuckled and said, “I haven’t studied much, so I hope Academician Sima can enlighten me?”

“Alright! You win this round.”

Sima Guang stood up, patted his bottom, and walked outside leisurely, sighing, “The great Dao is simple.”

[1] Duke Xiang of Song is known for maintaining morality at the expense of practical considerations. When he met the enemy Chu army at a river, he refused to attack the Chu army when they were crossing the river because it was “not righteous”. He ended up losing that battle, and died a year later from injuries sustained.

There was an error that restricted access to this post to subscribers, caused by WordPress shifting UI elements around and me clicking blindly without realizing that what I’m clicking had changed. Access has been restored. Apologies to anyone who had to create an account unnecessarily to subscribe. Please feel free to unsub if you don’t want to receive the notification that WordPress sends to subscribers.