Daqin: A buff of incredible comprehension

Chapter 26 "Good! Well said! Zhao Gao, write it down and let Fusu see it later!"

"Yes, it is the moment when the Qin Dynasty unifies the world. I am very pleased." Ying Zheng was very happy after hearing this.

"Son, continue explaining what 'outwardly Confucianism, inner law' means."

"It's actually very simple. 'Confucianism on the outside, Legalism on the inside' means using Confucian ethics as the foundation of basic social structure and legitimacy, while using Legalist strategies to consolidate the centralization of power."

"Confucianism and Legalism determine the moral code; Legalism ensures the ruling position."

Ying Zheng's eyes flickered after hearing this.

"Wonderful, very exciting! Chen'er, you explained it very well! Hahahahaha!" Ying Zheng laughed heartily, obviously very satisfied with Zhao Chen's opinion, and determined that he would be the next King of Qin.

"Father, Confucianism advocates governing the country with benevolence, often hoping to change criminals' behavior through compassion. However, in reality, this not only fails to improve people's self-awareness, but instead leads them to disregard the law and use various Confucian morals as a guise to cover up crimes. This is the cause of the Zhou Dynasty's decline. In contrast, Legalism believes that if someone disrespects others and infringes on their rights, they have no right to demand respect and should be treated the same way. Violators must be severely punished, as this is the only way to achieve justice. Of course, not all crimes should be strictly punished according to the law. When certain circumstances are extenuating, Confucian flexibility and reason are needed. The saying 'the law is ruthless' does not mean that the law is merciless. In such cases, Confucian tolerance is particularly important. Therefore, the future governance of the Qin Dynasty should be based on Confucianism on the outside and Legalism on the inside, but we must also be flexible and adaptable to the times, adjusting laws and regulations as appropriate."

"Child, sometimes I really doubt you are only three years old. There are many things I didn't know when I was your age."

"So, what do you think of the current Legalist thought and Qin laws? Do you think they're too harsh? For example, Crown Prince Fusu and other Confucian scholars believe that Qin's current laws are too harsh, placing immense pressure on the people. The six states also promote Qin as a tyrannical state, instilling fear in the people."

"This is just nonsense from Confucian scholars, they are just trying to preserve their own rule."

Ying Zheng was silent for a moment. Although his son's words were a bit rude, he thought they were very apt.

"Father, when evaluating a civilized and progressive nation, a very important indicator is the people's understanding of the law. Men, women, young and old, all discussing Shang Yang's laws—that's what Confucianism calls the ideal state, isn't it? But these are just Confucian tropes. Since Shang Yang's reforms, our Great Qin has gradually become a country with open laws and a strict legal system. Compared to the other six kingdoms, we are far ahead."

Confucianism actually lacks legal awareness. If it were truly used to govern a country, the country would completely lose the concept of the rule of law and become what Confucianism calls "rule by man" rather than "rule by law." Of course, if we enact laws but do not strictly enforce them, that will also become "rule by man." This is for two reasons:

First, inconsistent law enforcement is a major taboo. How can ordinary people trust an unequal legal system? Who can truly respect it? Current events in the other six countries clearly illustrate this point. The actions of the powerful and the "punishments" they receive demonstrate that many laws are mere scraps of paper in the face of power.

Secondly, the people lack trust, for "trust" is merely an empty promise. Because they fundamentally lack trust in the "law," they can only seek to circumvent it. When faced with difficulties, they immediately resort to connections, bribery, or even risk their lives. This is both helpless and the beginning of a country's decline.

Throughout history, no one has ever complained about overly sound laws, yet many countries have suffered disasters due to imperfect laws. Why? Because the more detailed the laws, the better they protect everyone's legal rights.

Dad, do you remember that little incident?

A minor official in charge of a granary discovered that all the grain had gone moldy the next day after a night of heavy rain. According to the detailed Qin laws, he would have been fined. But what if there were no such laws? He would have had to rely on the mood of his superiors. If his superiors were in a bad mood, they might have beheaded him. Therefore, he could only use his connections, solicit favors, and offer generous gifts to plead for mercy.

This shows that insufficiently detailed laws can lead to increased "rule by man." Without specific provisions, law enforcement officers are forced to rely on their own interpretations, which undoubtedly increases the risk to innocent people. What should have been a fine could result in a more severe punishment. If a superior officer happens to have a conflict with him, will he take advantage of it to settle a personal grudge and have him executed? If the law is more complete, would his superior dare to do so? Clearly not.

It is this kind of detailed law that protects the safety of civilians.”

"You're right. The reason why Daqin is so powerful today is precisely because of its mature legal system and judicial organs that operate according to the law. We attach great importance to evidence when handling cases. Such a system is very important for the correct adjudication of cases."

"That's true. I've previously conducted specialized research on the judicial processes of six countries. In comparison, our judicial system is the most complete and outstanding. Our system encourages hearing cases through normal procedures, and only resorts to flogging when the facts of the case cannot be determined. We also categorize trial results into three categories: the highest level, 'upper', refers to cases where the true facts are obtained without flogging."

The second category is "low," meaning "flogging is low," which refers to situations where torture, such as whipping, was necessary to clarify the facts of the case during the interrogation. The third category is "failure," meaning "fear is failure," which refers to situations where intimidation was used to clarify the facts of the case.

The entire trial process is divided into three steps: 1. Listen to the parties' statements, and do not interrupt even if lies are discovered; 2. Ask questions and make further records of any contradictions in the statements; 3. For suspects who change their statements multiple times or refuse to confess, torture may be carried out after obtaining the approval of the judicial officer.

Next comes the judgment stage, known as the "Du Ju" (reading the verdict), where the verdict is read to the parties. If the parties accept the verdict, execution begins. If dissatisfied, they may apply for a review, known as "Qi Ju." This review can be requested by the parties or their family members, but must be filed after the verdict is rendered.

This trial system is already quite complete and does not require much modification.

At this point, Zhao Chen couldn't help but feel a deep sense of admiration. This judicial process bore many similarities to practices in previous lives. Western civilization also took thousands of years to establish similar mature legal procedures. The Qin Dynasty preceded them by over a thousand years. It was precisely with this comprehensive legal system that it ensured national stability and social order, thus standing out among the six kingdoms. This was the fundamental reason that set the Qin Dynasty apart from the other six kingdoms.

"I never thought, Chen'er, that you'd been so naughty for the past three years, falling asleep in class and chasing the teacher away, that I thought you were a failure. I never thought you were just putting on a show for me! I see you've been working hard in private, too. Apart from anything else, your in-depth understanding of the governance philosophies of the Qin Dynasty and the Six Kingdoms is enough to impress me. It seems you truly admire the Legalists!"

"That's not the case. I simply agree with many of the Legalist concepts. Confucianism also slandered the Legalists for advocating farming and warfare, prohibiting poetry and commerce, and bringing war to the people, believing that the Legalists were stultifying the people. This really amuses me. If there were no war, the world would have only one possibility—unification! If unification cannot be achieved, war will not stop. Peaceful unification depends not on Confucian so-called 'benevolence' and 'conscience', but on national strength. Only when a country is strong will other countries dare not invade. Confucianism's teachings are nothing but the ** of the weak."

"Good! Well said! Zhao Gao, write it down and let Fusu see it later!"

"I obey my orders!"

As soon as Zhao Chen finished speaking, Zhao Gao began to take notes, thinking this was a good opportunity to flatter the king. As expected, the king smiled and praised him repeatedly.

Thank you all for your support, thank you very much! Please give me flowers, monthly tickets, and various data support!

Zhao Chen couldn't help but laugh and cry when he saw this scene. How could he not have noticed Zhao Gao's little trick just now? He was just too lazy to care. But his father was also so childish, which really didn't seem like his style. Shouldn't he be the aloof and domineering Emperor Qin?

However, he was still very happy. To be recognized by the future emperor, he could be considered the greatest person in the history.

Having said that, let’s continue.

"Now that we've discussed Confucianism, let's move on to Legalism. What is the Legalist principle? To end war with war! Only by eliminating all hostile nations can true peace be achieved; otherwise, 'peace' is nothing but a dream. Although Mohists oppose war, they also hold the view that 'sacrificing a finger to preserve the integrity of the body', 'benefiting the world and eliminating its calamities'."

The Mohist world encompasses all states, the entire Nine Provinces. If they wish to prosper under heaven, they must eliminate obstacles hindering national development. This is why Qin and the Mohists support and assist in the development of high-tech weaponry, and why I strive to bring Gongshujia and the Mohists to heel.

I believe that Father has already experienced the convenience brought by the weapons made by Gongshujia!"

Ying Zheng nodded in agreement. Indeed, in just a few months, the combat effectiveness of the Qin army increased exponentially.

"From the rise of the princes in the Eastern Zhou Dynasty to the Spring and Autumn Period and the Warring States Period, the princes fought for hegemony constantly, and all the major countries were in a situation of internal and external troubles. Therefore, they urgently needed a way to survive and a strategy to strengthen the country.

This is why Confucianism was not taken seriously during the Warring States Period – Confucian theory could not solve practical problems, but could even cause them. This is also the fundamental reason why Confucius failed to convince any country during his travels.

The Legalists, on the other hand, devised a strategy of "farming and warfare" precisely based on the needs of the time. Their primary goal was to strengthen the nation, and "farming" and "warfare" were the best means of motivating the people. "Farming" achieved a "more work, more pay" policy, benefiting both the people and the state; "warfare" increased national wealth and strengthened the nation's military might.

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