What kind of legal thought does the doctor reflect if he can't be polite to Shu Ren or punished?

The phrase "Shu Ren can't be treated with courtesy, but a doctor can't be punished" comes from The Book of Rites, which was written in the Spring and Autumn Period. Since the Qin and Han Dynasties, this sentence has been interpreted as "Shu Ren is not entitled to receive courtesy, and doctors are privileged not to be punished", and "Xia" is interpreted as "Xia" and "Shang" as "Shang". This explanation is contrary to the original meaning of the original words. It is "a misunderstanding that the feudal concept of privilege is used to explain the ancient concept of punishment and ceremony with primitive nature, which is based on the gods and justice by blood relatives."

first of all, judging from the words of the people in the pre-Qin dynasty, the word "Shang" and "Xia" means contempt and attention. For example, "to compete with men, to compete with women", the "down" between them and the "down" between men and women are all mean. In The Analects of Confucius, "being wise above and foolish below" is not moved, and its "up" and "down" are also interpreted with emphasis on meaning. In The Book of Rites, the word "Shang" and "Xia" is the same as the above sentence pattern, meaning to be superior or inferior.

Secondly, judging from the concept of punishment and ceremony in the consanguineous society, in ancient times, all members of the society, for the sake of the prosperity of their consanguineous relatives and the reproduction of their descendants, must strictly abide by the ritual criminal law followed by people, and no one can be special. During the reign of Yao and Shun, Shun asked Gun to control the flood. Gun was not cured, so Gun was put to death. Shun gave way to Yu, and Yu not only reused Hao Tao, the father of law enforcement, but also made friendship prevail over the old. At that time, the punishment ceremony remained fair and dignified, even the leaders were no exception. So this sentence should be "courtesy is not inferior to Shu Ren, punishment is not respectful to doctors".

Of course, in the feudal society, this sentence has become a private weapon of the feudal privileged class, which respects the humble and the punishment becomes expensive and the poor. But this sentence is in line with the later generations' saying that "the prince breaks the law and the common people are guilty" and "everyone is equal before the law".

Why can't a doctor be punished?-That is to say, the ancient people's concept of honor and disgrace.

In popular operas, we can see that "a doctor can't be punished, and Shu Ren can't be treated with courtesy", which is often cited as evidence of the feudal hierarchy. The extreme interpretation of this passage is: people with distinguished status cannot be punished by ordinary criminal law, and the governance of ordinary people cannot rely on what reason. For a long time, it seems that it is true. It is always a minority that the prince breaks the law and commits the same crime as the common people, while the common people are not allowed to be arrogant. If you don't believe in evil, please look at the roadside slogan somewhere: impassability, three minutes, no more impassability, tornado!

The first half of the sentence "I can't be punished as a doctor" can be found in The Book of Rites and Quji at the earliest, but the second half of the sentence can't be tested. I'm afraid it was added by "little people" with little culture in later generations, not saints' words. This seemingly clever, appropriate and antithetical couplet is very harmful, which directly leads to people's misunderstanding of the first half sentence.

why do you say that?

The first reason for the misunderstanding is that modern people have misunderstood the word "punishment". The "punishment" referred to by the ancients means such as Mo, Cuo, Moe, Gong and Da Di, as well as corporal punishment. It has a specific connotation, its extension is much smaller than "law", and its meaning is different from that of modern criminal law. "The punishment is not as good as that of a doctor" is only to advocate that even if the scholar-officials break the law, they should not be easily punished by corporal punishment.

In The Poem compiled by Confucius, there is a saying: "A rat has teeth, but a man never stops; There is no end to man, and there is no end to death. When he answered a question from his disciple Ran You, he explicitly denied that the crimes committed by scholar-officials could not be aggravated, and that Shu Ren's actions could not be treated with courtesy. He said: "Every gentleman is governed by courtesy, so it belongs to the festival of shame." Meng Sen's Lecture Notes on the History of the Ming and Qing Dynasties also said that "the ancients could not be punished as doctors, but they encouraged honesty and shame".

It turns out that in the eyes of the proponent of "punishment is not a doctor", whether a scholar-bureaucrat who perverts the law should be investigated by law is not a problem at all. It is important not to insult his personality and dampen his self-esteem by using corporal punishment in the lobby. At the same time, it is required that since the scholar-officials are "people who have read books and understand things", they should be punished themselves for committing minor crimes without waiting for the company to tie them up; If you commit a felony, you will kill yourself. Don't wait for the monarch to move your knife and axe.

So, the society of punishing doctors has improved? This interpretation is still very wrong, and the jurisprudence is the same. Without theoretical analysis and textual research, the nobles and officials who were severely punished by beheading, property, exile, etc. are numerous. When Ming Taizu embezzled silver, he had to peel the grass and show it to the public.

Since Yao Shun and Zhou Wenwang, the sages in our country have advocated moral education, raised a word of "shame" and advocated self-moral norms. In an ideal country, it is possible to "draw the land as a prison". This statement has been deeply rooted in people's hearts for a long time, but before the exclusive respect for Confucianism, the author of Liezi once sarcastically said: "The beauty of the world belongs to Shun Yu Zhou Kong; The evil in the world is attributed to jealousy. " In this century, people with modern people's awareness of the rule of law say that governing the country by virtue is too big and inappropriate, so there has been a subversion that all the evils in the world are attributed to Confucius and Mencius. But I don't understand why some western countries that emphasize the rule of law attach so much importance to the private morality of political leaders.

As far as the Ming Dynasty is concerned, the wind of treating ministers with contempt has reached an unprecedented level, and it has become a common practice to show humiliation with a court staff, treat things with shackles, and send them to face. An admonition officer in Jiajing Dynasty once described such a scene in his recital: If the minister continues to stand in court after being sentenced, the eunuchs and spies of the Royal Guards who tortured him will whisper with smug faces: So-and-so is my spanking, and my ass is still asymmetrical. Am I awesome? The remonstrator bluntly pointed out that the consequences were: villains were rampant and gentlemen were short of breath.

It seems that the so-called "honor and disgrace" is not a personal matter. Confucius said: "A gentleman has three fears: fear of fate, fear of adults, and fear of the words of saints; I don't know my destiny, but I'm not afraid of it. I'm insulting adults and saints. " It is certainly true that young people are not afraid of fate, nor should they be afraid of saints, but they have always been "afraid of adults", because your honor and humiliation are all in the mind of the king. The reason why ordinary people have one or two fears is only because they have something in the hands of "adults" and have to be fearless. Although the rulers of past dynasties respected the ethics in their mouths, they just used it as a tool, but what they did was independent from the Confucian classics. A slightly smarter gentleman or villain can often understand its interests.

Everyone knows that Sima Qian, the author of Historical Records, which is called "Li Sao without rhyme, the swan song of historians", committed a crime and was punished by corruption. The story of this incident can be found in his letter to his friend, Bao Ren An Shu. In his letter, Tai Shigong expressed his painful feelings of being determined to endure humiliation and filth in order to complete his meaningful writings. This article is rich in words and is an important material for studying Sima Qian's life thoughts.

In a very angry mood, Tai Shigong told his friends and the world about the great humiliation he suffered because of Li Ling's disaster, poured out his long-simmering pain and resentment, boldly exposed the selfishness of the court ministers, and even openly revealed his dissatisfaction with Emperor Wu of the Han Dynasty, who was right and wrong, mean and ungrateful! I can't recite more than a few articles in Historical Records, but I was deeply impressed by The Letter to Ren An. Among them, there is also a cloud: "It is said that' punishment is not a doctor'. This statement is indispensable.

Tai Shigong explained this sentence clearly below, to the effect that if a scholar-bureaucrat is guilty, he will suffer from the pain of tying his hands and feet, wearing a wooden yoke, taking off his clothes and being beaten, and even if he survives, he will bear the mark of having been punished for life, which is deeply insulted by both body and spirit. Therefore, it is better to commit suicide early than to be punished. Don't you kill yourself? You have to go into the "wall"! The integrity of a scholar should not be humiliated, and a man with integrity "leads himself to death" before being punished and humiliated, so it is difficult to impose punishment on them.

How heavy the humiliation and ridicule Tai Shigong endured. Is it too hard for him to continue his life like this? However, before the history book was completed, Tai Shigong held a very firm belief that death should be valuable and "more important than Mount Tai", so even if he was misunderstood for a while, he would not hesitate. It is this belief that supports him to survive tenaciously in the painful struggle of "intestines return nine times a day". Due to his own experience, Sima Qian is more critical, especially increasing his resistance.

Throughout the history of China, in the face of the arrogance of autocratic monarchy, there are so many loyal people who bravely criticize the scales and don't care about their lives. Don't they know the objective truth of selling their masters for glory and selling themselves for profit? Today, we are reading this monumental masterpiece, and it was not until the Guangxu New Deal in the late Qing Dynasty that the imperial court suddenly understood that "there is an eternal lesson, and there is no unchangeable rule", so it abolished all kinds of long-standing torture and persecution, and took into account the laws of various countries to formulate new laws that are "in line with international standards", imagining the "concept of honor and disgrace" of countless people with lofty ideals who seek benevolence without seeking glory and shame without avoiding humiliation, how can they not be filled with emotion!