Chapter 202: Kin and Neighbor Preemption Rule
Zhang Fei really did go to urinate.
As the famous author Lu Xun once said, when people urinate, their minds are most relaxed and best suited for contemplation.
This seemingly simple case was truly giving Zhang Fei trouble.
However, the difficulty wasn’t whether the case was hard to win – he hadn’t even considered that carefully yet. Rather, he discovered he was gradually straying from his professional principles.
In his initial plan, he took over the Fan family bookstore purely to make money, not to fight against the powerful and help the weak, or uphold justice – that was the work of righteous outlaws.
He had always thought he stayed true to this principle.
However, when this case was presented to him, he suddenly realized his original mindset had changed.
In his thinking, achieving justice had become the priority, rather than money or even procedural justice.
One might fool others, but not oneself.
This wasn’t right. Why had this happened?
It was actually quite frightening.
He was seriously pondering this question.
Was it Xu Zhiqian’s influence?
Clearly not.
He might have some reservations about angering her, but it was not enough to change his entire way of thinking.
In the evening, Zhang Fei and Xu Zhiqian rode together in a carriage, leaving the Bianjing Law Firm.
“Are you angry?”
Seeing Zhang Fei’s dejected mood and silence, Xu Zhiqian asked softly.
Zhang Fei glanced at her, “It has nothing to do with you.”
Xu Zhiqian pursed her lips, muttering, “How could it have nothing to do with me?”
Zhang Fei gave a bitter laugh and explained, “I actually didn’t have to let you know. The reason I told you the truth then was because…”
“It’s because you wanted me to stop you, right?” Xu Zhiqian interjected eagerly.
Zhang Fei nodded, “But I shouldn’t have thought that way.”
Xu Zhiqian asked, “Why? I think you’ve improved.”
“Improved my foot,” Zhang Fei rolled his eyes. “Litigation isn’t about killing and plundering, nor about coercion. It’s about law and reason. If a case can be brought to court, it means there’s a genuine dispute, and shouldn’t be judged merely by who’s strong or weak. Like when I helped Young Master Cao with his case – even though Lin Fei was innocent, I had to do my best to help Cao.”
Xu Zhiqian shook her head continuously: “I can’t agree with that.”
“Why?” Zhang Fei asked puzzled. “I’m not using underhanded methods. I follow the law and reason. As long as I follow the rules, whether I win or lose the case, I can face myself with a clear conscience.”
Xu Zhiqian snorted softly: “The strong don’t need to talk about law and reason. Laws exist to protect the weak. Young Master Cao’s case was special. But he only feared Empress Dowager Cao’s punishment, not the law itself. In the Three Military Divisions, Lin Fei wasn’t the only instructor being bullied – most just had to endure it silently.”
“Take Li Si’s case against Chen Yuteng – without you, Li Si could never have won. But Chen Yuteng never needed our help; only Li Si did.”
“And those like Ma Tianhao and Chen Maoqian – they hired you just to avoid government oppression, not because they feared disputes with common people. Those realtors stir up trouble every day, inflate prices, take advantage of chaos, and fool the common people. Has Chen Maoqian ever asked for your help with that? Only the weak need our help; the strong never do.”
Her view consistently emphasized the relationship between the strong and weak. If it was Young Master Cao against some random rich fellow, she wouldn’t care who he helped, but once it became Cao against Lin Fei, she immediately sided with Lin Fei.
Zhang Fei had long known her perspective, and they had argued about it many times, but neither could convince the other.
But today, Zhang Fei listened with furrowed brows, deep in thought.
Could this be what changed him? This wasn’t a world where everyone was at least equal legally speaking.
This was inherently an unequal world.
Like those people such as Wei Yushan, who could almost ignore the existence of laws. If I didn’t help Geng Ming, he wouldn’t need to fear me at all, let alone need my help.
That was it!
This wasn’t a society with a perfect legal system, but rather one in the process of building its legal framework.
To be able to represent anyone in court with a clear conscience and earn money happily, first, I needed to make them respect the law and ensure both sides were equal before it.
Xu Zhiqian glanced at him, and seeing his silence, said, “I’ve decided to help that neighbor seek justice, and this time I plan to handle the case myself.”
Zhang Fei was startled and asked in surprise, “You’re going to handle it?”
Xu Zhiqian nodded: “Since the court allows me to argue cases with you, I certainly have the right to represent others. We agreed from the start that I could help people with cases for free.”
Zhang Fei asked, “Can you handle it?”
Xu Zhiqian replied somewhat nervously, “Do you think I can?”
Zhang Fei laughed immediately: “If you’re not confident yourself, why even try?”
Xu Zhiqian said, “I lack confidence because I’ve never handled a case myself. I’ve only watched you do it, so I don’t know if I can manage.”
Zhang Fei rolled his eyes and said, “When you had the chance to perform in court before, you didn’t dare. Now you’re forcing yourself into it – you’re just asking for trouble.”
Xu Zhiqian expressed some regret: “I’m not afraid of court, I just… I’m afraid of losing and harming others.”
Zhang Fei paused briefly and said, “You need to understand something – for us pen-in-caps, what matters most is doing our best. As for winning or losing, that’s up to the presiding judge’s decision, not something we can control.”
Xu Zhiqian said, “I understand the logic, but I’m still afraid of losing.”
Zhang Fei chuckled and said, “In that case, let me handle it. I’ve already figured some things out.”
Xu Zhiqian looked at him, hesitated for a moment, then shook her head: “I still want to try it myself. I don’t want to always have to ask for your help.”
She quickly added, “It’s not that I’m being distant with you, it’s just something I’ve always wanted to do, and I hope I can manage it myself.”
She had always been quite independent and wasn’t used to constantly relying on others. She hoped to be capable of doing what she wanted to do.
Zhang Fei pondered briefly, then asked, “Will you allow me to be your assistant?”
Xu Zhiqian immediately replied, “You must be my assistant. After all, I’ve been your assistant so many times.”
Zhang Fei nodded and smiled: “Alright! Let’s see how you do this time.”
Back at the Xu residence, Xu Zhiqian told Xu Zun about her plans.
Xu Zun listened and looked at Zhang Fei with a smile: “What’s this? This small case isn’t worthy of your expertise of the great pen-in-cap?”
Zhang Fei, hearing this title, wanted to die of embarrassment and quickly said, “Father-in-law, it’s not like that. It’s just that Zhiqian doesn’t charge for cases, while I do. If that neighbor wins the case, that’s fine, but if she loses, she’ll have to pay fees which she probably can’t afford.”
“I see.” Xu Zun nodded slightly: “Although charging fees is reasonable, sometimes we must consider the circumstances. This is good – Qian’er can handle cases for free without disrupting your profession’s rules.”
It was clear he favored his daughter.
Xu Zhiqian excitedly asked, “Father, does this mean you agree?”
Xu Zun chuckled: “When have I ever stopped you from helping others? Just remember to work within your capabilities.”
“Father is the best!”
Xu Zhiqian gave Zhang Fei a slightly disdainful look.
Zhang Fei responded with an innocent expression: “I support you too, I just don’t support myself doing the same thing. Is that not allowed?”
“Don’t be so smug.”
Xu Zhiqian snorted: “Once I gain experience, I won’t try to persuade you anymore. I’ll defeat you in court and make you admit defeat wholeheartedly.”
Zhang Fei nodded repeatedly with a smile and said, “That’s the spirit. I look forward to it. When the time comes, we’ll be a husband and wife earning double the money from one case. How delightful!”
“Don’t even think about it,” Xu Zhiqian said. “I won’t be charging any fees.”
Zhang Fei’s expression froze as he gave Xu Zhiqian a look of disdain. “You’re no fun at all!”
Xu Zun stroked his beard and smiled. “I’m looking forward to it as well.”
Xu Zhiqian asked, “Father, what do you think about this case?”
Xu Zun picked up the document again and examined it carefully before frowning. “The ‘Kin and Neighbor Preemption Rule’[1] has existed since ancient times, but in our dynasty, it has undergone some changes and refinements. The rights of neighbors have become almost equal to those of relatives.”
“Is that so?” Zhang Fei asked.
Xu Zun countered, “You didn’t know?”
Zhang Fei replied sheepishly, “I usually only look things up when I need to.”
Xu Zun smiled and explained, “Our dynasty differs from the previous one in many ways. Take the residents of Bianjing for example – their wealth is not fixed, and property ownership changes hands frequently. When they have money they buy, when they need money they sell. Often they rely more on neighbors than relatives. That’s why our dynasty elevated the rights of neighbors when revising the Kin and Neighbor Preemption Rule.”
The Song Dynasty was a highly commercial society where citizens had fewer clan ties. People emphasized freedom and efficiency – it would have been too troublesome to consult relatives first when selling a house. The court made appropriate amendments based on citizens’ needs.
In some cases, consulting relatives could be waived. Additionally, regarding pricing, the Song court favored market prices, and relatives couldn’t purchase at discounted rates.
Zhang Fei frowned. “But this isn’t about buying and selling property – it’s about inheritance.”
Xu Zun nodded. “You’re right, and that’s what makes this case difficult. Though the mother’s actions seem reasonable, they’re unlikely to be protected by law. The ancestral home should still be passed down to descendants. While the Kin and Neighbor Preemption Rule can affect inheritance rights, selling is different from inheriting. With the deceased’s son still alive, it would be very difficult for the neighbor to obtain inheritance rights.”
Xu Zhiqian said, “But her son was so unfilial. Could we argue the case based on filial piety, like how Zhang San helped Fang Yun escape punishment?”
“We could, and I think there’s a chance of winning,” Xu Zun nodded and continued, “But the court can’t consider just this one case – they must also consider clan law implications. If this sets a precedent, would it conflict with clan laws? Even if you prove the son’s lack of filial piety, you can’t guarantee the court will rule in your favor. Unless you can convince the court that such a ruling won’t affect clan laws, then the chances of winning would be greater.”
Ancient China operated under a dual legal system – state laws and clan laws – which often conflicted with each other. The extended family or clan was not just a kinship network, it was a semi-autonomous unit of governance with internal order enforced by elders and patriarchs. The authority of these elders was moral, social, and ritual, but also quasi-legal, especially in rural settings far from state courts.
The Kin and Neighbor Preemption Rule amendments had faced resistance from clan laws, which is why neighbors’ rights were almost, but not quite, equal to relatives’ rights.
Yes, the son was very unfilial, but making an exception for inheritance rights could severely impact clan laws and potentially cause social unrest. Judges would definitely have to consider this issue.
Xu Zhiqian looked toward Zhang Fei again.
Zhang Fei said, “Don’t rush. We should do our homework thoroughly like before. We’ll find a loophole eventually.”
Xu Zhiqian gave a slight nod.
[1] I found an explanation of this rule in a Chinese academic article that I found interesting:
“The Kin and Neighbor Preemption Rule refers to a legal principle in ancient Chinese property law that granted the right of first refusal to a seller’s relatives and neighbors when land or housing was being sold.
According to the Song Code of Punishments, “When one intends to sell property, they must first ask their relatives. If the relatives do not want it, then ask the neighbors. If none of the neighbors want it, then others may buy.”
This shows that before a transaction could proceed with an outside buyer, the seller had to offer the property first to family members, and then to neighbors. Only if neither group chose to purchase could the seller sell to someone else.
This rule had two key functions:
- It confirmed whether the relatives and neighbors recognized the seller’s ownership of the property.
- It allowed them to express any concerns about the potential impact on adjacent property rights, which included shared boundaries, access, or local relationships.