Zhang San, please behave yourself!
Chapter 109: Zhang San Discusses the Law

Chapter 109: Chapter 109: Zhang San Discusses the Law

Pharaoh, although trying hard to control himself, made sure his tone didn’t betray any emotion.

"I’d like to hear just how big of a problem ’Deliberation, Reduction, Redemption’ could be!"

Zhang San then began to educate Pharaoh.

"First of all, we need to understand one thing, why those who hold power should not have legal privileges."

"The natural goodness and morality within human nature constantly face harsh temptations and the erosion of special privileges, and time and time again, it has been proven that our human nature ultimately cannot resist these deadly temptations."[Note 50]

Pharaoh pondered Zhang San’s words, recalling the development of Legalism over the years, indeed, many people started out spirited, wanting to do great things for Great Sui in their positions, but later gradually degenerated, eventually ending up in the Ministry of Punishment’s prison.

Hearing this, Pharaoh looked at Zhang San and felt that the young man’s words seemed to make some sense.

No, not just ’some’, only a little bit.

That was all he could get right, just a tiny bit.

Zhang San continued: "I once read a statement in a book: Power leads to corruption, absolute power often leads to absolute corruption."

"Just as Han Fei said in ancient times: ’The law does not favor the influential, the rope does not curve around the powerful, the law applies to all; the wise cannot refuse it, the brave dare not. Punishment should not avoid the noble, and reward should not miss the common man.’"

"The law should be a measure of equality for everyone!"

Pharaoh was intimidated by Zhang San’s momentum at that moment.

For so many years, it had been rare for someone to discuss the law so unreservedly in front of him!

Even this youngster knew what Han Fei had said.

Youth, you are quite knowledgeable!

Pharaoh took a deep breath, calmed his emotions, and continued to listen to Zhang San’s "nonsense."

"Equality in legislation is a prerequisite for judicial process and law enforcement. If the legislation itself is unequal, any equality in the judiciary and law enforcement can only worsen the non-equilibrium result. Inequality at the starting point inevitably leads to inequality in outcome."[Note 50]

"Therefore, I advocate—equality for all! Those in power should not have privileges, and ordinary people should not suffer injustice."

Seeing that Zhang San had finally finished speaking, Pharaoh smiled and uttered five words lightly: "The law is not so."

"Do you know where the law comes from in this world?"

This question from Pharaoh bewildered Zhang San.

Isn’t the law created by people?

Where else could the law come from?

But Zhang San didn’t speak because he could tell Pharaoh was about to answer his own question.

"Punishment originates from the military, for the military and punishment are one and the same. The earliest punishments were for those defeated in clan wars, rebels, and violators of military discipline."[Note 50]

"From the very beginning, the law was the judgment of the strong over the weak."

"’Heaven,’ as the origin of all things, also bestows the monarch’s power, hence the title ’Emperor.’ The authority to punish is an important manifestation of the monarch’s power, naturally also derived from heaven. The Emperor is but an executor of Heaven’s punishments! Thus, it is said, ’The sage enacts the five punishments at Heaven’s bequest.’"[Note 50]

"For the state to develop, it needs the will of the emperor to dominate the entire country. The law is the whip in the hands of the emperor, the wheel that moves the dynasty forward."

After Pharaoh finished speaking, he thought Zhang San would be silenced, admitting defeat.

But when he turned his head to look at Zhang San, he only saw Zhang San shaking his head.

"What are you shaking your head for?"

"Pharaoh, let’s go back to the very beginning of the topic, the Town Martial Office. Do you know the philosophy of the Town Martial Office?"

Pharaoh chuckled lightly: "Serving the Emperor, managing martial affairs, daring to be just for all under heaven. Who doesn’t know this phrase?"

"If it were as you say, then just ’Serving the Emperor, managing martial affairs’ would suffice. Why then is there another phrase, ’daring to be just for all under heaven’?"

"If that’s truly the case, why doesn’t the Town Martial Office’s philosophy simply state, ’Serve the Emperor to Govern All Martial Pursuits, Punish on Heaven’s Behalf’? Why not directly adopt the doctrine of the Heavenly Punishment Sect?"

At the moment he heard these words, the Pharaoh couldn’t help feeling a bit embarrassed.

Then he whispered to Zhang San, "Actually, the original philosophy of the Town Martial Office was just the first part, ’Serve the Emperor to Govern All Martial Pursuits’. Back then, the Chief of the Town Martial Office was not very successful in suppressing the Martial Path Sects across the land. Later on, when Li Moxian became Chief, he visited all over the world before coming back to revise the Town Martial Office’s philosophy to ’Serve the Emperor to Govern All Martial Pursuits, Daring to act for the good of the world’."

"Speaking of which, the second half really does originate from the Heavenly Punishment Sect’s beliefs, but it’s taken from the latter part of their doctrine, ’Punishment of Righteousness’."

At this moment, Zhang San was somewhat perplexed.

So the philosophy of the Town Martial Office I belong to now is identical to the doctrine of the Heavenly Punishment Sect where my predecessor belonged?

Seeing Zhang San scratching his head, the Pharaoh was secretly pleased.

After all, he’s just a passionate young man. As for discussions of law, could he really outtalk me, the leader of the Legalists?

However, after Zhang San scratched his head, he frowned and said, "That’s not correct. Pharaoh, I think you misunderstand law. You’ve always felt that law is a tool in the hands of an emperor, used to rule. Little do you know that, in my view, law is not only there to maintain order under heaven but also to restrain those in higher positions."

When the Pharaoh heard this statement, he was visibly displeased.

Zhang San continued to explain, "A country doesn’t need criminal law to deal with crimes. The absence of penal law doesn’t prevent the effective and oppressive punishment of crimes. And the absence of legislation might even make the punishment more flexible, effective, timely, and convenient."

"Just like how the Town Martial Office deals with certain Martial Path Sects without many constraints. If we think there’s a problem, we suppress them, right? But this approach can trigger immense backlash. Although my understanding of the Town Martial Office’s development is limited, from what you mentioned earlier, I’m afraid that the previous Chief, before Li Moxian, probably faced severe counterattacks from the Martial Path Sects when he managed the Office."

The Pharaoh slightly nodded, indeed Ren Pingsheng, the former Chief of the Town Martial Office, hadn’t been very successful in suppression.

The Town Martial Office had devoted substantial manpower and resources, only to end up in constant skirmishes with those Martial forces, leading to the tragic deaths of many officials at the hands of the Sects.

"Yet, after Li Moxian became Chief and refined the Office’s philosophy, our actions gained a basis, and we had principles that convinced others. Only then did the Martial Path Sects and the Aristocratic Martial Families start to obey, no longer terrified by unpredictable Might, and they didn’t end up on the path to rebellion against the Great Sui. You see, am I right?"

For a moment, the Pharaoh was speechless.

The development of the Town Martial Office truly confirmed the theory that Zhang San had just articulated was indeed correct.

Could it be that the existence of law is actually for equality among all and not for upholding imperial power?

But if that’s the case, what then is the meaning of the Imperial Path that makes up this world?

What about the long-standing stance of the Legalists that advocates dominance by one?

Could we have been wrong?

But how could I possibly be wrong?

Yes, how could I possibly be wrong?

I am the leader of the Legalists; I cannot be wrong, and I will never be wrong!

So, with a surge of anger, the Pharaoh glared at Zhang San and coldly said, "The things you are saying are pure heresy. Humph!"

With that, the Pharaoh turned and walked away, heading towards Ma Lingyao’s courtyard.

Left in the moonlight, Zhang San stood with a bemused expression.

Weren’t you the one who wanted to discuss law with me?

How did it come to this, causing you to lose your cool?

This old man gets angry too easily; it must be due to excessive liver heat, probably because he doesn’t sleep well.

Why aren’t these old men sleeping properly nowadays?

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[Note 50] Reference explanation

All content from this Chapter marked with [Note 50] is quoted from Professor Luo Xiang’s "Lectures on Criminal Law", adapted slightly to ensure consistency of style within the text.