Yang Fan said: „I give this case to explain that the law is the person sets up, therefore it impossible perfect, always some sets up the law time issue that has not thought, when the law counteracts the moral lun principle even reason obviously, insisted constantly the law is very absurd, such did even departs from has set up the legal the original intention.” 杨帆道:“我举此例是想说明,法律是人设立的,所以它不可能尽善尽美,总有一些设立法律的时候不曾想到的问题,当法律明显有悖于道德lun理甚至情理的时候,一味坚持法律是很荒谬的,这么做甚至是背离了设立法律的初衷。” journey Ling sneers saying: „No matter what your tongue Can lotus flower, but wants for often to exempt the crime! The etiquette two matters, King Jiaoda carries. Yang Langzhong, this murder case, if passes through to release people according to the ritual, then the law exists in name only! If depends on the law, then slayer, when dies! The ritual and law, all are kingly ways, your how choices?” 程灵冷笑道:“任你舌灿莲花,不过是想为常之远免罪罢了！礼法二事,王教大端。杨郎中,这桩杀人案,若据礼经而放人,则法律形同虚设！若依法律,则杀人者当死！礼与法,皆为王道,你如何取舍呢？” Zhao Jiulong listens, to hurry to sell own reducing crime theory, the connection said: „Therefore, often does not save the father, then counteracts the filial piety. In order to save the father kills people, then the method is extreme, if not punish, coming the date must some people rely on the Confucianism to violate the law of the land. I imperial make the stage position lenient sentence, namely has raised the filial piety clear, makes the person not dare to be easily illegal!” 赵久龙一听,赶紧推销自己的减罪论,接口道:“所以说啊,常之远不救父,则有悖孝道。为了救父而杀人,则手段过激,若不惩处,来日必有人恃礼教而犯国法。我御使台主张轻判,即彰扬了孝道,又使人不敢轻易违法！” Yang Fan said: „ Zhao Yu causes the erroneous, journey Sizhi is the big erroneous. Why said? Probably because above the regulation and Confucianism, still had the principle of righteousness and small righteousness balance. For example, my Zhou Lv stipulated greatly, some people of crimes, you, if knows not to consider, is guilty! However when the criminal is your paternal grandparents or the parents, you considered instead are guilty, this because of related to filial piety. 杨帆道:“赵御使谬也,程寺直更是大谬。为什么这么说呢？盖因律法与礼教之上,尚有大义与小义之权衡。比如说,我大周律规定,有人犯罪,你若知而不告,便是有罪！但是犯罪者是你的祖父母或父母时,你告了反而是有罪了,这就是因为涉及孝道。 Sees the bystander crime, you do not consider guilty. Sees your paternal grandparents or parental crime, you have considered guilty, must sentence your death by hanging \; However, what if your parents or the paternal grandparents violate when is the plotting a rebellion big crime, stipulated that changes, at this time had considered innocently, did not consider was guilty, how so? ” 看见外人犯罪,你不告有罪。看见你的祖父母或父母犯罪,你告了有罪,要判你绞刑的\;然而,若是你的父母或祖父母所犯的是谋反大罪时,规定又是一变,这时候告了无罪,不告则有罪了,何以如此？” Yang Fan has swept their one eyes, aggressive tunnel: „ Why similarly is the paternal grandparents and parental crime, the former considered you to be guilty, because you were unfilial. Doesn't the latter consider you to be guilty? Because this is plots a rebellion! Plots a rebellion, the victim is everyone, therefore a filial piety of your surname, must obey the public welfare of world person. 杨帆扫了他们一眼,咄咄逼人地道:“为什么同样是祖父母、父母犯罪,前者告了你有罪,因为你不孝。后者不告你有罪？因为这是谋反！谋反,受害者是千家万户,所以你一家一姓的孝,要服从天下人的公益。 Obviously, the legal and moral lun principle has the contradiction time, generally must give in the moral lun principle. But this range is only restricted in law and moral lun between principle a surnames, if the crime of criminal damages and world person if plotting a rebellion big crime, then the law must put above the filial piety, vertical is the children should also consider him. 可见,法律与道德lun理产生抵触的时候,一般要迁就于道德lun理。可是这个范围只限于一家一姓之间的法律和道德lun理,如果犯人的罪行损及天下人如谋反大罪,则法律要置于孝道之上,纵是子女也该告他。 In summary, the law is also good, good, the utilization saves wholeheartedly, on the world person how all look at it the effect. Often saves the father to be cherished, the wrong hand murder, does not commit murder intentionally, he for the good filial piety, damages and is only Pan Jun skill one person. What had been made by killing? 综上所述,法也好,道也好,运用存乎一心,全看它对天下人的作用如何。常之远救父心切,错手杀人,不是故意行凶,他是为了行孝,所损及者只是潘君艺一人。被杀者又做了些什么呢？ This Pan Jun skill sparks lustful thoughts, opens a gambling house for the bureau, persecutes to death Cheng. Chang, often far grandmother, father and mother suffer injury because of Pan Jun skill one person, that person achievement, dishonorable! The often remote cause good filial piety sent him dead, should be forgiven, so, clear line incessantly was often far filial piety, maintains the justice of world person! ” 这个潘君艺见色起意,设赌为局,逼死程氏。常氏一家,常之远的祖母、父亲、母亲皆因潘君艺一人而受害,其人作为,伤天害理！常之远因行孝而致其死亡,应该得到宽宥,如此,彰行的不止是常之远的孝道,也是维护天下人的公义！” journey Lingshai however said: „, Ms. Chang Jia kills the daughter-in-law, when also exempted the crime. This is not the filial piety!” 程灵晒然道:“如此说来,那常家老妪打死儿媳,也当免罪了。这不是孝道吗！” Yang Fan stern say/way: „ This is not the filial piety! The Cheng wife and this old woman compare young and vigorous, but this old woman kills her while still alive, can she once revolt? She already completely filial piety. After the Cheng wife was killed, her husband and can son once lift? They do not have, therefore they also completely filial piety. 杨帆正色道:“这不是孝道！程氏娘子与这老妇比起来年轻力壮,可是这老妇将她活活打死,她可曾反抗过？她已经尽了孝道。程氏娘子被打死后,她的丈夫和儿子可曾举告？他们没有,所以他们也尽了孝道。 Who lifts? In work places common people! Chang old woman cunning and unreasonable cold severe, is the evildoer causes trouble obviously, the son conduct is inferior, actually for no reason vents anger in the chaste and modest gentle daughter-in-law, kills her while still alive, arouses the popular anger, common people from the work places considers to the work place, Wu Houchu, again by work place Wu Hougao to the Luoyang mansion, this is the righteousness, the righteousness of world! ” 举告者何人？坊间百姓是也！常家老妇刁蛮冷厉,明明是奸人作祟,儿子品行低劣,却无端迁怒于贞淑温良的儿媳,将她活活打死,激起众怒,由坊间百姓告至坊正、武侯处,再由坊正武侯告至洛阳府,这是义,天下之义！” Yang Fan spoke of here, mentioned the deep breathing controlled by the diaphragm, has delivered his settling a lawsuit statement last by far, then spread the alley bad public officials in won ton veranda hears clear: „Law, if cannot encourage the moral ethics is not the good measure, if the rule of law cannot encourage the moral ethics is not friendly governs! Based on this, this officer thinks, often far innocent!” 杨帆说到这里,提起丹田之气,将他的结案陈词最后一句远远地送了出去,便是散布在抄手游廊里的衙差公吏们都听得一清二楚:“法律若不能鼓励道德行为就不是善法,法治若不能鼓励道德行为就不是善治！据此,本官以为,常之远无罪！” journey Lingchen sound track: „My Dali Buddhist temple opposed!” 程灵沉声道:“我大理寺反对！” Zhao Jiulong also excitedly said: „I imperial cause the stage opposition!” 赵久龙也勃然道:“我御使台反对！” „That did not have the means!” “那就没办法了！” Yang Fan hand one, exhibits a stance of army riffraff, said: „Since three therapeutic methods division sticks to his own opinion, these three division joint hearing looked like do not have the conclusion. That...... Has matter Chen Zou, assumes the book hanger-on, is decided by the prime minister!” 杨帆把手一摊,摆出一副兵痞的架势,说道:“既然三法司各执己见,这三司会审看来也是没有结论了。那就……具事陈奏,呈中书门下,由宰相们定夺吧！” „Cameroon drips......” “喀喇喇……” In the sky resounds a autumn thunder at the right moment, is Yang Fan these words, has gotten a soul-stirring illustration. 天空中适时响起一声秋雷,为杨帆这句话,打上了一个惊心动魄的注解。 * * * * * * * * * * * * * * * * * * * * * ※※※※※※※※※※※※※※※※※※※※※ „Oh!” “唉！” In the prime minister Su Weidao hand picks up to set pen to paper, has delimited the half-day circle in the midair, finally is unable to start to write, therefore puts to start writing, traded another hand to rest one's chin in one's hands, continued a deep sigh. 宰相苏味道手中拈着笔,在半空划了半天圈,终于无法落笔,于是搁下笔,又换了另一只手托腮,继续一声长叹。 „Oh!” “唉！” Serves in of his side is small waits on to say with a smile: „Su master, how you have heaved a sigh, was the toothache, wanted the servants to ask the person in imperial physician institute to come to diagnose for the master?” 侍候在他身边的那个小内侍笑道:“苏相公,你怎么一直唉声叹气的呀,可是牙疼了么,要不要奴婢请太医院的人来为相公诊治一下？” Su Dongpo's ancestor temperament good small court eunuch that very much, the side serves do not fear him, sometimes can also chat several with him. 苏东坡的这位老祖宗脾气好的很,身边侍候的小太监们都不怕他,有时还会与他说笑几句。 The Su flavor the face was saying painstakingly: „It is not the toothache, is headache! Three therapeutic methods division lawsuit, hits, advanced in front of my Old Su, this may not know what to do, does not know what to do!” 苏味道苦着脸道:“不是牙疼,是头疼啊！三法司这场官司,打来打去,推到我老苏面前了,这可如何是好,如何是好啊！” Inside the prime minister, the Su flavor is in charge of is mainly a judicial mouth matter, therefore the three therapeutic methods division joint hearing does not have the result, this case has delivered to his front. Yang Fan and journey Ling, Zhao Jiulong cling to his own interpretation, sentences, one to sentence the capital crime and one to sentence commuting a sentence innocently, may „article four friends” a big talented person worrying to go bad this. 宰相里边,苏味道分管的主要是司法口儿的事,因此三法司会审没有结果,这件案子就送到了他的面前。杨帆、程灵、赵久龙各执一词,一个判无罪、一个判死罪、一个判减刑,可把这位“文章四友”之一的大才子给愁坏了。 Small in waits on the curious tunnel: „Master has the person of big knowledge, absolutely not this kind of case?” 小内侍好奇地道:“相公是有大学问的人,难道还断不了这样一件案子？” The Su flavor shakes the head to say again and again: „Dexterous that said that inside this, there is a regulation, to have the Confucianism, to have the justice, virtuous and also to have the worldly wisdom, the struggle of faction, even if comes a live deity, absolutely not understands.” 苏味道连连摇头道:“说的轻巧,这里边,有律法、有礼教、有公义、有道德、还有人情世故,派别之争,就算来个活神仙,也是断不明白的。” Small in waits on to lie to the involved legal matter, both hands are holding the chin, curious tunnel: „Then the master thinks that in the ruling of three therapeutic methods division, whose opinion is best?” 小内侍趴到公案边上来,双手托着下巴,好奇地道:“那么相公以为,三法司的判决中,谁的意见最好？” This asked that may stump the ambiguous Su flavor, Prime Minister Su Da is pressed the brow, hesitates the long time, ponders to say darkly: „ 这一问,可问倒了模棱两可苏味道,苏大宰相蹙着眉头,沉吟半晌,暗忖道:“ Depends on the meaning of Dali Buddhist temple to sentence often far capital crime, that must offend imperial causes the stage and Ministry of Justice. But Yang Fan behind, but also is standing Liang King Wu Sansi, improper. Furthermore, this matter the seething popular discontent, Pan Jun skill took the say/way innately, how can often call far to pay with a life? 依着大理寺的意思判常之远死罪,那就要得罪御使台和刑部。而杨帆身后,还站着梁王武三思,不妥。再者,此事已民怨沸腾,潘君艺自有取死之道,岂可叫常之远偿命呢？ Depends on the meaning of Ministry of Justice often to sentence far innocent, that offended Dali Buddhist temple, imperial to cause the stage, behind them was also standing Wei King Wu Chengsi, this was also improper. 依着刑部的意思判常之远无罪,那就得罪了大理寺、御使台,他们后面还站着魏王武承嗣,这也不妥。 Depends on imperial is causing suggestion commuting a sentence of stage? Ministry of Justice and Dali Buddhist temple are unsatisfied, furthermore, Li has transferred, cannot call imperial to make the stage stage a comeback taking advantage of the case from this, grasps the lawful right, to guard the cool government official to run amuck once again. Therefore imperial enabled the ruling of stage to use, that only then innocent and capital crime can elect, however no matter how elected fine the criminal...... ” 依着御使台的建议减刑呢？刑部和大理寺都不满意,再者,李相已经交待下来,切不可叫御使台借由此案东山再起,重新掌握权柄,以防酷吏再度横行。所以御使台的判决不能用了,那就只有无罪和死罪可以选,然而不管怎么选都要得罪人呐……” Small in waits on to look that he more thinks the face clutches fiercely, has soon clutched a steamed stuffed bun, cannot bear cover the mouth to say with a smile: „Master often did not say that handles matters does not want the resolution to understand, if there is a mistake to present fault qian, but ambiguous by holding both sides was good, that smoothed over differences.” 小内侍看他越想脸揪得越厉害,已经快要揪成一只包子,忍不住掩口笑道:“相公不是常说,处事不欲决断明白,若有错误必贻咎谴,但模棱以持两端就好了么,那就和稀泥呗。” Su flavor looking distressed tunnel: „With can not, with not probably! This matter is the three therapeutic methods division theory is unclear, advances my Old Su here, if I am ambiguous, but also toward pushes, can advance in front of the emperor?” 苏味道愁眉苦脸地道:“和不得,和不得呀！这件事儿就是三法司理论不清,才推到我老苏这儿,我若模棱两可,还往哪儿推去,难道还能推到皇帝面前去么？” A these words exit|to speak, the Su flavor like „immobilization by witchcraft”, the whole person stayed there suddenly, is small waits on to see his look to straighten, unemotionally, as if came under a spell, some fears, hurried to put out a hand before him to shake shaking, asked anxiously: „Master?” 这句话一出口,苏味道突然就像中了“定身法”似的,整个人都呆在那里,小内侍见他眼神发直,面无表情,仿佛中了邪似的,不禁有些害怕,赶紧伸手在他面前晃了晃,紧张地问道:“相公？” The Su flavor eyeball moved out of place, is all smiles suddenly, extracts a box case from the table, smilingly in fills for that is small waits on saying: „Haha! You are very good! Come, eats the dessert!” 苏味道眼珠错动了一下,忽地笑容满面,从桌下抽出一只匣子,笑眯眯地塞给那小内侍道:“哈哈！你很不错！来,吃点心！” Small in waits on to eat the tunnel: „Su master, what is up?” 小内侍吃吃地道:“苏相公,你怎么啦？” The Su flavor touches his head kindly, said: „Master is all right, you eat dessert, the master exits!” 苏味道和蔼地摸摸他的脑袋,说道:“相公没事,你吃点心吧,相公出去一下！” The Su flavor said that holds the big sleeve the statement record of that three therapeutic methods division, then in high spirits walked. 苏味道说完,把那份三法司的陈词笔录揣进大袖,便兴冲冲地走了出去。 * * * * * * * * * * * * * * * * * * * * * * * ※※※※※※※※※※※※※※※※※※※※※※※ In the Wucheng palace, Wu Zetian looked that the discussing crime of three therapeutic methods word has recorded, to the Su flavor: „Is prime minister this must make me decide?” 武成殿上,武则天看完了三法词的议罪笔录,对苏味道:“宰相这是要让朕定夺吗？” Su flavor sinking sound track: „Naturally is not!” 苏味道沉声道:“当然不是！” This my dear friend can advocate „ambiguous theory” before the colleague and subordinate, however before the emperor, is who will not display absolutely does not have the opinion. 这位仁兄在同仁和下属面前可以宣扬“模棱理论”,但是在皇帝面前,是绝对不会表现的自己没有主见的。 Wu Zetian doubts tunnel: „That, Su is meaning?” 武则天疑惑地道:“那么,苏相的意思是？” The Su flavor cups one hand in the other across the chest saying: „Your majesty, the feudal official thinks that this case, imperial causes the compromised plan of stage is unrecommendable. Your majesty always propaganda, bright law of the land, guilty is the crime, the innocence is innocent, punishes the innocent and guilty alike, smooths over differences ambiguous, this how?” 苏味道拱手道:“陛下,臣以为,这桩案子,御使台的折衷之策是不可取的。陛下一向宣教化,明国法,有罪就是罪,无罪就是无罪,各打五十大板、模棱两可地和稀泥,这怎么可以呢？” Always most believes in the ambiguous philosophy the Su flavor unexpectedly...... 一向最信奉模棱哲学的苏味道居然…… Shangguan Wan'er listened to the Su flavor speaking righteously words, the bonus is she is hoping the result intense, with the aim of knowing whether is favorable for my dear, cannot bear want to smile. Her corners of the mouth have cancelled the check, hurries sips to live. 上官婉儿听了苏味道这番义正辞严的话,饶是她正紧张地盼着结果,以便知道是否对郎君有利,还是忍不住想笑。她的嘴角勾了勾,又赶紧抿住。 Wu Zetian nods, said: „Un! The compromised plan is unrecommendable, then, Su thinks that this often is guilty or innocent?” 武则天点点头,道:“嗯！折衷之策不可取,那么,苏相以为,这常之远是有罪还是无罪啊？” „......” “咝……” The Su flavor has attracted an cold air/Qi, toothache drew out the brow pressed: „Your majesty, the place of feeling embarrassed, is lying in this!” 苏味道吸了口冷气,牙疼似的蹙起了眉头:“陛下,为难之处,正在于此呀！” The corners of the mouth of Wu Zetian could not bear also twitched two. 武则天的嘴角忍不住也抽搐了两下。 The Su flavor worried look tightens, makes Xihu to hold the heart shape, all kinds feels embarrassed the tunnel: „This case, if sentences innocently, perhaps the world person gets up to imitate, since then lives the murder case frequently, the law may not in vain vertical. If sentences the capital crime, the popular sentiment not weak, public opinion is absolute, moreover Pan Jun skill takes the say/way innately.” 苏味道愁眉紧锁,作西子捧心状,万般为难地道:“这件案子,若判无罪呢,恐怕天下人起而效仿,从此频生凶杀案件,法不可枉纵啊。若是判死罪呢,民心不可欺、民意不可违,况且潘君艺自有取死之道。” But Wu Zetian tunnel: „You believe that should sentence the innocent capital crime?” 武则天无奈地道:“那你到底认为,是该判无罪还是死罪呢？” Su flavor being loud and clear tunnel: „Feudal official by, should sentence guilty! However......” 苏味道掷地有声地道:“臣以,该判有罪！不过……” Wu Zetian just appreciated eyebrow that shoulders rapidly to droop, asked: „How?” 武则天刚刚欣赏地挑起的眉毛又迅速耷拉下来,问道:“不过如何？” The Su flavor sets out, pulls up the robe, bows with one hand cupped in the other, forceful tunnel: „Pan Jun skill scheme wife, plays a trick to frame, hateful! Often saves the father to kill people, is thrown into jail, pitiful! The feudal officials, bend down to invite your majesty, falls the timely rain to pardon, then often all washes in the Saint up to the world loyal son Long En!” 苏味道起身,撩袍,长揖,铿锵有力地道:“潘君艺图谋人妻,设局陷害,可恨！常之远救父杀人,身陷囹圄,可悲！臣,伏请陛下,降甘霖以特赦,则常之远暨天下孝子皆沐圣上隆恩也！” A moment later, Wu Zetian looks at the Su flavor back that goes far away, the forced smile said: „This Su is ambiguous......” 片刻之后,武则天看着远去的苏味道背影,苦笑道:“这个苏模棱啊……” The Shangguan Wan'er connection said smart-alecky: „Old reprobate!” 上官婉儿俏皮地接口道:“老奸巨滑！” P: These two chapters of research regulations, investigate the logic painstakingly, is not greatly easy \; The claw was not quite sore, is actually the headache wants to crack, tonight fixed time uploads, ahead of time broke down, good friend, the double 48 hours, the monthly ticket please enthusiastically have thrown at the end of the month! P:这两章研究律法,苦究逻辑,大不易也\;爪子不太疼了,却是头疼欲裂,今晚定时上传,提前趴窝去了,诸位好友,月末双倍48小时了,月票请踊跃地投下来吧！ Thank politely!( To be continued. If you like this work, welcome you floating day 拜谢！(未完待续。如果您喜欢这部作品,欢迎您来飘天 The literature registers the member to recommend this work, your support, is I biggest power.) 文学注册会员推荐该作品,您的支持,就是我最大的动力。)