Chapter 316: Law Is Born of Power, Power Is Born of Law

Xu Guangqi assumed an attentive posture, cupping his ear: "Please, speak."

"To establish a new law for Daxia." Lin Qian said.

The law Daxia currently used was still the Great Ming Code, and this code's problems were already too numerous to count.

For instance, the judicial injustice caused by the Eight Deliberations system, the office-offset system, and the redemption system; the downward shift of judicial interpretation power caused by the Great Ming Code and the Penal Regulations; the systemic discrimination of valuing agriculture over commerce; the personal bondage of the household registration system; the chaos of the corvée and tax systems — these were simply too many to list, and had already severely hindered social progress.

Within Daxia's borders, judicial matters followed written law half the time and customary law the other half.

For example, the Great Ming Code clearly stipulated: merchants could only wear clothes made of silk gauze or cloth, and could not wear satin or use gold ornaments.

Daxia was founded on maritime trade, so it naturally could not impose such restrictions on merchants — thus this statute had become a mere ornament.

This belonged to what written law prohibited but customary law did not prohibit.

Moreover, with Daxia's economic progress, the occasions when judicial enforcement abolished written law and followed customary law were growing more and more numerous.

Such as abolishing the debased-class and slave registers, abolishing travel permits, and changes to tax law.

Relying heavily on customary law would lead to a new problem — namely, that in many cases, judicial rulings depended entirely on the conscience of local officials.

Because judicial interpretation power lay in local hands, the same issue could produce different verdicts in different regions.

For instance, a merchant wearing silk might be fine in Guangzhou or Zhangzhou, but in Shaoguan or Shaowu, he might be fined.

And how much the fine would be had no standard either — under the Great Ming Code, the maximum was twenty taels, which for a small merchant could drive him straight to bankruptcy.

Lin Qian immediately gave an example: "Suppose there's a small merchant who has been fined this way several times. He realizes that although commerce earns money, compared to being a landlord, the risks are far greater. Then he'll take his earned silver and buy land, walking back onto the old path of farming and scholarship passed down through the family.

Daxia's long-held hope of breaking land's status as the sole productive asset would thus become a fantasy.

And this is assuming the local county magistrates and township officials are good officials.

If local bureaucrats, or even petty clerks, deliberately sought bribes, they could use this to extort passing merchants — those who paid silver could wear silk freely; those who didn't pay would be fined twenty taels outright.

Even if an investigation followed, the corrupt officials had acted according to the law, making them difficult to punish; if they were forcibly punished, then it would return to the old path of rule by men.

These were the drawbacks brought by chaotic legislation and the delegation of judicial interpretation power.

If Daxia wished for lasting peace and stability, it must have a stable and precise legal system.

This is the graduation project of the College of Arts and Law at Civilization University!"

Having a group of students who had not yet graduated draft a law was certainly shocking to the world, but when Lin Qian said this, Xu Guangqi did not object — and the students he had brought along wore faces of excitement.

After all, Civilization University, though called a school, was in truth the top institution of this era; what it cultivated was not mere university students, but the future pillars of every industry.

The university comprised four colleges — Arts and Law, Science and Engineering, Economics, and Natural History. Previously, when Foye was developing the tower furnace, it was the College of Science and Engineering that had been of great help.

And the teaching team of the College of Arts and Law gathered the finest legal scholars of all Jiangnan, including petty clerks, legal advocates, and retired county magistrates,

prefects, and so on — true frontline legal workers, complete in both theoretical and practical knowledge.

When it came to drafting a new law, truly no one was more suited than these people.

Lin Qian said: "This new law is not simply a 'Daxia Code' or a 'Great Pronouncement,' but must be divided into categories and branches, carefully designed — with a constitution at the source, and general laws for specific implementation, such as civil law, criminal law, and commercial law.

In recent years, Grand Secretary Ye has been pushing tax reform, eliminating all manner of exorbitant levies and miscellaneous taxes, achieving basic fairness. The fruits of this reform must also be fixed in legal form — let it be called the 'Tax Law.'"

One of the accompanying students said excitedly: "Your Majesty speaks truly! Under Ming rule, the loopholes in the law were simply too many. After two hundred years, the Great Ming Code not only failed to restrain officials and gentry, but had instead become a tool for oppressing the common people. That was why when Magistrate Hai Gangfeng tried cases, he said he would rather wrong the local gentry than the common folk."

Another student chimed in: "As the saying goes, 'When men and law complement each other, the world is governed.' Now Daxia has countless incorruptible officials, and urgently awaits a new law!"

"Men and law complementing each other," in plain terms, meant good laws matched with good officials.

Li Shixiong shook his head and said: "I rather think 'men and law complementing each other' is a fallacy. If a new law is implemented, it must be able to make mediocre officials enforce good laws, and make wicked officials fear touching the law."

A student beside him frowned: "Brother Yuanzhong, how is this not Xunzi's 'human nature is evil' business again?"

Li Shixiong said: "Humans have seven emotions and six desires — greedy and ignorant, that is the nature of things. If human nature were inherently good, how could the Ming court have produced so many corrupt officials and petty clerks?"

Seeing the legal discussion sliding toward philosophical debate, Lin Qian hurriedly called a stop, then smiled at Li Shixiong and said: "Aren't you a researcher of beacon towers? I thought you were from the College of Science and Engineering or Natural History."

A student interjected with a grin: "Hey! Your Majesty, you've got it wrong — he's the famous Li of Three Colleges!

"Xu Guangqi shot a glare at the interrupter and said: "No manners!"

But Lin Qian smiled and said: "No matter — in the prime of youth, with vigor and drive, this is exactly the vitality of our generation!"

The phrase "our generation" instantly won Lin Qian great favor among the students.

Lin Qian asked again: "What's this about 'Li of Three Colleges'? Could it be that you crossed three colleges and earned the name that way?"

Li Shixiong smiled and cupped his hands: "Your student has been a gluttonous reader, Your Majesty will have to forgive my clumsiness."

Lin Qian knew this was an excessively humble statement. Given Xu Guangqi's scholarly rigor, if Li Shixiong truly were someone who bit off more than he could chew, Xu would never have allowed him to select majors across three colleges.

Sure enough, Xu Guangqi's face showed a hint of pride as he said calmly: "Your Majesty, Yuanzhong has selected six majors, spanning the three colleges of Arts and Law,

Economics, and Natural History."

Another classmate interjected: "And he placed first in every single major!"

Li Shixiong's face flushed red, then he cupped his hands again: "Your Majesty flatters me."

Talent was rare indeed — Lin Qian was overjoyed, and invited the students to Zhenhai Tower to have some tea and snacks while they talked in detail.

Panlong Ridge and Zhenhai Tower were very close; accompanied by the scent of flowers along the way, they arrived quickly. Lin Qian's personal guards bought tea and snacks from the surrounding vendors, and Su Qingmei tested them for poison before they were served.

Lin Qian took a sip of tea and said: "Legislation is an extremely arduous task. Without years of hard work, it cannot be accomplished — and to expect a single legislative effort to be perfect is nothing but a fool's dream.

This graduation project does not require forming a complete written law, but rather building a framework, establishing principles, and setting down the basic constitutional articles — that is, the fundamental law of the nation."

The Ming dynasty had the word "constitution," but not the concept of a constitution, nor the general laws corresponding to it, so Lin Qian first explained all the terms one by one.

Then Lin Qian said: "For this project, all students of the College of Arts and Law will work together. You may freely consult books, and you may ask anyone for advice — including me. Don't treat this as an examination; this is a real, tangible project."

Li Shixiong immediately said: "In that case, your student has a question to ask."

Lin Qian smiled, thinking to himself that this was indeed a top-tier talent who had crossed three colleges — quick to react, already asking questions — and said: "Please, speak."

Li Shixiong said: "Looking across Chinese history, legal systems have always first collapsed at the hands of the powerful, and the powerful have mostly attached themselves to imperial authority. Your Majesty, how should the new dynasty's law define the relationship between imperial power, the powerful, and the common people?

In other words, in the end, is the law greater, or is power greater? Is the new law the law of the realm, or the law of one house?"

At these words, Xu Guangqi, who had been drinking tea nearby, nearly sprayed the tea from his mouth.

Several students were eating plum blossom cakes and were directly choked by the question, their faces flushed red, yet not daring to make a sound — they nearly choked to death.

Everyone thought to themselves, is this even a question that can be asked?

As subjects of the Central Plains for over a thousand years, can't you tell whether law is born from power, or power is born from law?

Lin Qian may only be calling himself king now, but what he exercises is imperial authority. Asking whether the Emperor is greater than the law—are you tired of living?

The moment Li Shixiong finished speaking, the Tower of Pacifying the Sea fell silent. No one dared to breathe, and even the wind seemed to stop.

Geng Wu's whole body tensed, his hand quietly gripping his saber hilt.

Xu Guangqi, for the sake of his prized student, steeled himself and said, "Your Majesty, Yuanzhong is young and reckless, spouting nonsense and offending Your Majesty. This old man apologizes to Your Majesty on his behalf."

The classmate who had previously argued with Li Shixiong over whether human nature was good or evil also spoke up: "Helmsman—oh, no, Your Majesty—Yuanzhong has always had this insufferable temperament. Back when he took the imperial examinations, he insisted on writing in archaic style, provoking the examiners' displeasure and failing time and again."

Another classmate said, "Helms—ahem! Your Majesty, Yuanzhong is simply someone who loves to win. He must debate everything and outdo everyone in everything, often speaking without thinking. He even infuriated the academy head on many occasions. I hope the helm—Your Majesty won't hold it against him."

Lin Qian smiled and said, "If you can't keep the forms of address straight, mixing them up is fine. No need to force a change. I find 'Helmsman' more familiar and endearing anyway."

The crowd hadn't expected Lin Qian to address the matter of titles, and they looked at him with both trepidation and confusion.

Lin Qian then said to Li Shixiong, "As expected of Li Sanyuan, your question is sharp—it hits the nail on the head.

In my view, the law should be supreme, with power born from law. Unfortunately, in every dynasty, law has been born from power. Even the *Ancestral Instructions of the August Ming* promulgated by the Hongwu Emperor was obeyed only in name by later sovereigns. Why is that?"

Li Shixiong said, "That is because the *Great Ming Code*, the *Grand Pronouncements*, and the *Ancestral Instructions of the August Ming* are all the private law of one family. The law does not stipulate what should be done when imperial clansmen break it.

Later descendants were unworthy—not only repeatedly violating it, but even the Hongwu Emperor himself amended it many times. When those above set the example, those below follow; naturally, power came to outweigh law."

"Cough, cough, cough!" Xu Guangqi coughed dryly on the side. Everything Li Shixiong had said was a complete challenge to imperial authority, touching the most taboo subjects—a hundred deaths would not be enough.

But Lin Qian said, "What Yuanzhong said is rare and valuable. Headmaster, no need to worry. There are no princes, marquises, generals, or ministers present today—let us all treat this as idle scholarly conversation."

Then he said to Li Shixiong, "In Yuanzhong's view, if a constitution stipulated that imperial power derives from law, and the Emperor led by example in obeying it, would that ensure it never changes for ten thousand generations?

If the law contains errors, who should revise it? If the Emperor openly breaks the law, who should punish him?"

Li Shixiong was momentarily at a loss for words. After thinking for a long while, he said, "It should be the duty of ministers to remonstrate—"

Lin Qian shook his head and said, "You believe human nature is evil. Then on what grounds would ministers remonstrate with the Emperor to obey the law and correct his errors, rather than simply joining him in corruption?

In my view, trying to check imperial power through civil officials can only end with one result: the rules that benefit the gentry remain, and those that don't are discarded. Whether the common people live or die, whether the law is fair—no one cares at all."

Li Shixiong was silent for a long time, then said, "Then could an institution be established to check imperial power—for instance, separating the Court of Judicial Review from the bureaucracy to form a check on imperial authority?"

Lin Qian thought to himself that Li Shixiong was indeed clever—with just a few words he had already touched the threshold of separation of powers and checks and balances.

Lin Qian said, "Your idea can actually be extended into the separation of the three powers: executive, legislative, and judicial."

Li Shixiong felt as though a layer of window paper had been pierced through. His whole being suddenly became clear, and he rose to bow again, saying, "The Helmsman's learning truly surpasses that of mortal men. Your words have enlightened this student like a sudden dousing of the head with pure water!"

The separation of three powers was the doctrine of Montesquieu, the French Enlightenment thinker of the eighteenth century, synthesizing over two thousand years of Western political thought from the fourth century BC to the eighteenth century.

The modern United States is a typical country with separation of three powers. Even though Lin Qian was neither a jurist nor a thinker, he could recite the strengths and weaknesses of this theory like the back of his hand.

Even setting aside what would happen several hundred years later, looking only at the present, Great Xia had no foundation for implementing separation of three powers either.

Lin Qian asked, "If the legislative and judicial powers were independent, how would personnel be appointed? If judicial power rested in a supreme court such as the Court of Judicial Review, then who would oversee whether the judges' verdicts were fair?

If there is no check on judges, then wouldn't judges hold the power of judicial interpretation—that is, in effect, legislative power?

The very foundation of separation of powers would then cease to exist."

As for the question of personnel appointment, America's answer was that legislative power is exercised by legislators elected by the people.

The Chief Justice is appointed by the President, and to shield the justices from the influence of the source of their power, once appointed, they serve for life.

Even so, American law as it has developed to this day only effectively applies to ordinary people. The powerful still play at rule-by-men with a changed skin.

In fact, looking across all modern nations, not a single one has completely avoided rule by men. There is simply no answer to copy.

How to establish a perfect legal system and institutions—Lin Qian had no idea. But finding fault with others' proposals and pouring cold water on them—that he could do with unerring accuracy.

Sure enough, Li Shixiong, crushed by Lin Qian's four hundred years of accumulated experience, was utterly deflated. He could no longer maintain his position that "power is born from law," and his whole person showed the signs of a collapsed faith and a shattered Dao heart.

Lin Qian then delivered the killing blow to his spirit, saying, "My analysis of the separation of three powers above was still only at the level of ideals.

Even in this imagined 'America' of ours, one can already break the rules within the framework of the rules themselves.

And if separation of three powers were rashly implemented in Great Xia, then any one of the three powers could break the rules without suffering punishment.

For example, if the Emperor suddenly issued an edict to shut down the parliament and the Court of Judicial Review, what could the rest of us do?

If the Chief Justice of the Court of Judicial Review sidelined the Emperor, draped him in a yellow robe, and usurped the throne, what could the rest of us do?

At the root of it all, America can implement separation of three powers because of over two thousand years of social consensus, several hundred years of intellectual enlightenment, and behind it all, the power struggle and checks between the bourgeoisie and politicians.

Looking through the history books, on our Central Plains across several thousand years, there has been only one kind of power: imperial power. Whether Great Xia or Great Ming, the executive,

legislative, and judicial—in truth, they are simply imperial power itself.

Emperor and chancellor, central and local, government and rebel armies—what they have always fought over is nothing but imperial power itself.

No other social force can contend with imperial power. This means that no matter how power is divided or checked, imperial power will always keep annexing and assimilating, ultimately gathering all the power of the realm into the hands of one man. This is the law of history, and no one can stop it.

And as the vessel of imperial power, the Emperor himself naturally stands above the law. This is something that cannot be avoided no matter how things change, how they are reformed, or how they are defined."

Li Shixiong's face turned ashen. He slowly rose and bowed again, saying, "A single speech from the Helmsman far surpasses this student's ten years of hard study. I have spent years priding myself on cleverness, burying my head in the sea of books, only to find it was all futile effort. I am ashamed, deeply ashamed!"

"Hey, you—" Xu Guangqi looked frantic. Apart from Lin Shaoyuan, Li Shixiong was his best student. How could Lin Qian have talked him into collapse with just a few words?

Being talked into a shattered Dao heart and retreating to the mountains, versus committing a taboo and being beheaded—for a man of learning, the former seemed the worse fate.

Of course, Lin Qian also knew the way to restrain imperial power: develop productive forces and cultivate the strength of the bourgeoisie.

Merchants, in order to make money, naturally demand rule of law, freedom, contracts, and a market economy—fundamentally opposed to feudal imperial power, with almost no possibility of reconciliation between the two.

When the bourgeoisie grows strong enough, it can continuously use violent means to force imperial power to yield, and then lock imperial power in a cage. This was also the trend of the modern Western bourgeois revolutions.

But cultivating the strength of the bourgeoisie, given the vast scale and inertia of the Central Plains, is a task that would take decades, or even several generations, to complete.

And for Lin Qian to push through reforms, to enrich the nation and strengthen its military, he too must hold power firmly in his own hands.

So the best solution is to use imperial autocracy at the present stage, and then, a dozen or so years later, once the realm is at peace and the transformation is complete, gradually dissolve imperial power and complete a top-down reform.

For the Emperor himself, carrying out such a reform—betraying his own class—when there is no internal unrest or external threat is utterly incomprehensible. Only a transmigrator who knows which path leads to strength and progress could do such a thing.

Therefore, this requires Lin Qian to live as long as possible, to complete unification as quickly as possible, while keeping the reform as stable as possible and the deaths of common people as few as possible. Truly an extraordinarily difficult task.

Seeing everyone's morale sink from what had been said, Lin Qian encouraged them: "Legislating is just like liberating the slave registers."

To achieve it in one leap, to directly possess a perfect system and perfect laws, is impossible.

And to wait until everything is fully prepared before implementing it — the common people cannot afford to wait that long.

"Therefore, the new law does not seek to be flawless, only to eradicate accumulated ills, simplify the complex, and get itself running first, to be continually supplemented later."

A student asked: "Then should things like the separation of the three powers be written into it?"

Lin Qian said: "The principle of law should be: there are laws to rely on, laws must be obeyed, enforcement must be strict, and violations must be prosecuted.

In other words, the new law must be both complete and complied with, strictly enforced, and accountability pursued.

The law is not a wishing well; one cannot write in content that is inapplicable now, or only applicable in the future.

One cannot write it in flowery splendor, only for it to be filled with hollow, grandiose empty words.

What Great Xia cannot accomplish now should not be written into the constitution."

Specifically, if the law stipulates preferential treatment for soldiers, that is not a privilege, because soldiers' rights and responsibilities are consistent.

Lin Qian was referring to status privileges — for instance, the exemption of gentry and scholars. Ye Xianggao had been extremely diligent in promoting tax reform, but relying on a mere four years to change a political convention of over a thousand years — how easy could that be? This was already the fastest speed possible without provoking local rebellions or unrest.

If one forcibly wrote legal equality into the constitution, then in subsequent tax law, the exemption of gentry and scholars could only be glossed over and avoided — such a style of veiled writing would be planting a landmine for oneself.

Lin Qian would rather lose face and protect the substance than puff himself up to appear wealthy at the very start.

Lin Qian continued: "You may all be wondering — if this is the case, where does the progressiveness of the new law manifest?

In short, the purpose of the new law is to reduce the privileges of all the powerful below the imperial authority.

For example, the Eight Deliberations, office offsetting of crimes, and redemption by fine must all be abolished; restrictions on the policy of emphasizing agriculture and suppressing commerce should be lifted; the four-class identity of scholar, farmer, artisan, and merchant should be abolished; and equal crimes should receive equal punishment.

We must also protect the common people's basic rights to property, litigation, and choice of occupation.

Additionally, we must distinguish between civil and criminal liability, no longer permit torture to extract confessions, and abolish a series of cruel punishments such as flaying and stuffing with straw, disembowelment, and death by a thousand cuts.

There is much more to change. I am no expert in this area, so I shall rely on all of you."

The assembled students all demurred, saying they dared not presume.

The time was still early. After Lin Qian opened the discussion, the students immediately began debating what the new law needed to change and what it needed to keep.

Most of the students who came today were from the Institute of Engineering, but in these times students generally studied broadly; law, as a humanities subject, was not that deep, and everyone could contribute a word or two.

Some had even been involved in lawsuits in their families, and the opinions they offered were more novel in perspective than those of the specialized students.

The students discussed on the spot, and when they encountered problems they could not solve, they asked Lin Qian directly in the hall.

Even with questions as irreverent as Li Shixiong's, Lin Qian replied with a genial countenance, so the other students naturally felt no inhibition in their speech.

Lin Qian had been speaking for quite a while; now he leaned back in his chair, drinking tea and eating refreshments, smelling the fragrance of flowers and tea, listening to the students discuss the future of the empire's jurisprudence — he felt everything was full of vigor and vitality.

Even during the midday meal, the students kept discussing without pause.

Unconsciously, dusk had arrived, when suddenly a personal guard swiftly climbed up the tower, gasping for breath as he shouted: "Your Majesty, Guilin————

News from Guilin has arrived!"

Lin Qian rose and said: "Let's go, let's take a look!"

Exiting the Zhenhai Tower, everyone could see that on Panlong Ridge, the signal arms of the beacon relay station were posing in all sorts of strange configurations.

Quite a few onlookers had stopped to watch, clicking their tongues in wonder.

A little boy was crying: "Wah wah wah———— Father, that red monster is casting a spell!"

Lin Qian laughed upon hearing this and said: "Don't be afraid, that's the beacon transmitting a message."

There were quite a few child-kidnappers in Guangzhou city; the little boy's father did not recognize Lin Qian, and shielding the boy, he fled as if running for his life.

On the beacon relay chain, all stations were built in conspicuous high places; it was impossible to keep the common people from seeing them, so there was no need to establish any restricted zones.

Moreover, the secrecy of the beacon system did not rely on keeping it out of sight.

Li Shixiong said: "Your Majesty need not worry. The beacon codebook exists only at the two terminal stations; everyone along the relay chain is merely copying mechanically without understanding the meaning of the messages. Moreover, this codebook can be periodically replaced to ensure communication security."

Lin Qian nodded and said: "Having the originating station on Panlong Ridge is rather inconvenient. Better to establish one within the city, placed in the courtyard of the General Staff Headquarters, which would also facilitate the passing of messages back and forth."

Li Shixiong said: "Your Majesty speaks truly. When I was selecting the site, I only considered the terrain and forgot about the convenience of relaying orders at the two ends."

As they spoke, the group had already walked to the side of the station, where they saw the station master holding paper and pen recording outside the door, while the lookout, telescope in hand, was converting the signal arms of the station across the river into numbers and calling them out.

Lin Qian leaned over for a glance — the station master's notebook was already filled with a dense string of numbers: "122, 231, 263, 232————

"122" was the calling command; "231" Lin Qian had seen that morning — it meant Fu Zonglong. The other number groups still awaited translation.

Thinking that these simple "122" and "231" had been transmitted back from Guangxi over a thousand li away, Lin Qian could not help but feel a surge of excitement.

Finally, after the station master had recorded sixteen number groups, the main signal arm of the station across the Pearl River stood perpendicular to the ground, while both side signal arms were parallel to the ground, pointing to one side — looking like a backwards F, or like a flag fluttering in the wind.

That was the end command; because it was so conspicuous, Lin Qian had remembered it after seeing it that morning.

The observer shouted: "244!"

The station master recorded the final 244 in his notebook, then said to Lin Qian: "Your Majesty, please wait a moment."

The station master rushed back into the station, flipping through the codebook for a while; after a moment, he annotated the translated meaning beneath the numbers and handed it to Lin Qian.

The content of the message read: "Fu Zonglong is suppressing the She-An rebels; the Guangxi border is peaceful. The She-An rebels have sent envoys seeking an alliance to jointly attack the Ming forces in the southwest — is this permissible? Awaiting the General Staff's decision."

All the messages were composed entirely of common set phrases, and Lin Qian was extremely satisfied with this efficiency of communication.

For a matter like the She-An rebels seeking an alliance, even a fool knew Lin Qian could not possibly agree — but as a border general, Qin Liangyu could not make such a decision on her own authority.

By the old practice, the only option would have been to send the envoy all the way to Guangzhou with good food and drink along the route, to have him meet Lin Qian in person — wouldn't the expenses for carriage, boat, and provisions along the way amount to ten or twenty taels of silver?

Now, a few twists of the signal arms settled the matter.

After reading it, Lin Qian said: "Reply to Guilin — tell the She-An envoy to roll back to wherever he came from!"

Yahei

Fen Yuan

Handwritten

Steel pen