What does it mean in ancient times to not be punished by a doctor ?

If you can't be a courtesy, you can't punish a doctor", this sentence comes from the book "Book of Rites" in the Western Han Dynasty. Qu Li.

"Punishment for crimes committed by doctors or above, under certain conditions, can obtain certain leniency, such as they are generally not punished with corporal punishment with mutilated skin, and must be executed in the suburbs, etc.; Therefore, because of this, it is mainly because there is always a certain degree of blood relationship within the aristocracy, and in order to maintain the dignity of the aristocracy as a whole in front of the majority of the ruled, it is not appropriate for them to carry the mark of being tortured and humiliated for the rest of their lives. "Etiquette is not inferior to the common people", that is, the common people are busy with production and labor, and do not have the status of the nobles and the material conditions required by the etiquette, so it is impossible to act according to the various etiquette of the nobles, and these etiquettes are not set up for them.

The punishment is not to be punished by the doctor (dà fū), which means that in ancient times, doctors who violated the law could be treated differently from civilians, for example, civilians had to be tied up with a lot of flowers, and doctors did not need to be used, and civilians generally had to go to a vegetable market when they were executed, and in order to save the doctor's face, they did not use it. They will also be punished for their crimes, but lightly.

It was a means for ancient kings to entrap scholars. It refers to the punishment of not using the mutilation of the body of a scholar who is an official in the court.

That is, to try not to use criminal law against the bureaucratic aristocracy.

This sentence literally means: for the scholars and the ** of the imperial court, they will not be punished even if they violate the law. It first appeared in the "Book of Rites" in the Spring and Autumn Period, and later Sima Qian also borrowed this sentence in the "Book of Reporting to Ren Shaoqing" to express itEven if a doctor breaks the law, he should be punished, otherwise the consequences will be serious.

There are two explanations for the difference between the two. 01: As we all know, there were still many ways to use torture in ancient times.

The "five punishments" recorded in the history books are: one is the ink punishment, the second is the slashing punishment, the third is the slashing punishment, the fourth is the palace punishment, and the fifth is the punishment of Dabi. In addition, there are some other criminal laws, but they are relatively better. Therefore, as a scholar, if they commit a crime, it is definitely impossible for them to get out of the whole thing, at least they still need to take responsibility for their own affairs.

Therefore, the interpretation of this sentence should be that the "five punishments" will not be used against them.

02: The "punishment" in this sentence does not refer to punishment, but refers to the ancient criminal department, that is, the judicial institution. Because under normal circumstancesIn ancient times, the Criminal Department was a place to deal with cases, and if the object of interrogation at this time was a noble scholar and doctor, and the official position of the Criminal Department was lower than theirs, naturally they would not dare to directly convict them in this way, and could only enlighten the emperor and listen to the emperor's opinions before daring to continue to make a decision.

Otherwise, do you think that if you judge the case like this, and there is a problem at that time, who will dare to take this responsibility when the emperor investigates it?

Therefore, through the above two explanations, we can still conclude that although the scholars are relatively noble, the law is ruthless, and they can have some benefits, but they definitely still need to pay for their actionsMoreover, the next sentence is called "courtesy is not inferior to the people", which means that the people read relatively little, so there is no need to be too strict with them in terms of etiquette. In this way, it is the opposite of the meaning of "not punishing doctors".

The phrase "can't be punished by the doctor" comes from the Western Han Dynasty's book "Rites and Rites", and its original text is: "The monarch caresses the style, and the doctor goes down; The doctor strokes the style, and the sergeant is under it. If you can't be courteous, you can't punish a doctor.

The prisoner is not on the king's side. The military chariot is not styled, the military chariot is Suijing, and the German chariot is knotted. Among them, "if you can't be courteous to a concubine, you can't punish a doctor" is often quoted by later generations.

"Punishment is not a doctor" mainly means that the doctor (in ancient times, it generally referred to a person who studied and became an official) violated the law and could be sentenced according to the law, but not punished, which was first from the "Book of Rites".

The phrase "not punished by the doctor" meant that the nobles or privileged people committed crimes and should be punished just like ordinary people. This sentence comes from the Western Han Dynasty's "Book of Rites: Qu Li".

The full expression of this sentence should be "not to punish the doctor, not to be courteous to the commoner", in fact, to restrict the scope of Confucianism and the trajectory of activities.

The "punishment" here was quite harsh in ancient times, and its purpose was not only to deprive people of their physical rights or the right to life, but also to be very humiliating and cruel, such as chopping punishment, which required 3,600 knives to kill a person, and the last knife to kill him, in this process, people can realize the process of eating his flesh and sleeping on his skin, and the tortured person will watch people eat themselves, and the heart is cold, which can be said to be chilling.

Perhaps this is more abstract, let's take the example of Yuan Chonghuan's execution, when the people in Beijing thought that Yuan Chonghuan was a traitor, so they ate Yuan Chonghuan alive, but Yuan Chonghuan himself heard and witnessed this process.

It is precisely because of the cruelty of the "punishment" that it is inhumane to directly apply it to the nobles of the ruling class, because they are all Chinese, but not all countrymen are exempt from application, only high-ranking countrymen can be completely exempted from application, and he can be allowed to end his life by self-judgment.

Therefore, "the punishment is not the doctor", but the corporal punishment or insult is not the doctor, and the punishment is still to the doctor, that is to say, the nobles above the doctor can also die with dignity when they die, not after they die, their heads can be kicked casually, and the nobles are still nobles when they die, and they must enjoy the dignity of the nobles.

Second, what kind of class is the "doctor".

"Dafu" refers to a kind of hereditary aristocracy, according to the original meaning of the Chinese word, it should refer to "master", because the ancient "husband" can also refer to "teacher", and we still have the name of "old master" for the very old teacher.

For the whole society, the "master" should refer to Taoist figures, because they are the Confucian priest and aristocratic class, maintaining the transcendent existence of religious beliefs, if the nobles who maintain the national faith are all humiliated deaths or humiliated lives, then being nobles will lose their meaning, and no one will maintain social beliefs.

Therefore, "not punishing the doctor" is actually "punishing the nobles", "punishing the masters", and "punishing the Taoists".

Third, let's take a look at the "courtesy is not inferior to the Shuren", that is, the "Li" is applicable among the Chinese people, and its scope ends when it reaches the commoners like the Shuren.

In the Zhou Dynasty, there was already a hazy concept of "city", the place where the king lived was the royal city, the outer city outside the royal city was the place where the Chinese people lived, and on the periphery, it was the place where the Shu people lived, and later developed the concepts of "East City" and "West City".

Therefore, in the city, the royal family lives in the "royal city", and the periphery of the "royal city" is close to Taoism, and the outermost part of its circle is the doctor, which continues to the area connecting the Shu people, and the living range below the "doctor" until the "Shu people" is the activity space of Confucianism, and the application of "rites" comes to an abrupt end at the edge of the Shu people.

Therefore, "courtesy is not inferior to the common people", in fact, it is "not inferior to the common people", and it is also "not inferior to Confucianism".

The meaning of not being punished by a doctor means that in ancient times, doctors were not punished by law for their crimes, which was one of the privileges of the ancient nobles in our country.

Doctor is an official position, which means that a doctor will not receive preferential treatment in sentencing. It is easy to misinterpret this as a doctor's preferential treatment in terms of punishment.

This is because the status of scholars was very high in ancient times, and these scholars were very respected, so if these scholars were judged, they could not be punished.

I think in ancient times there were very few doctors, they were a very respected profession, and even if they made mistakes, they could be forgiven.

Because their status is very noble, they say that when they torture scholars, they will take into account the face of scholars.

One of the privileges enjoyed by nobles above the doctor's level in ancient China is the legal reflection of the patriarchal hierarchy. If a nobleman or above commits a crime, "he does not tie the tie, does not make people shackle, and does not restrain him", and the death penalty is not "in the city", but "in the court". "The Book of Rites: Qu Lishang":

If you can't be courteous, you can't punish a doctor. Kong Yingda Shu: "If the punishment is not up to the doctor, the five punishments and 3,000 are regulated, and there is no purpose for the doctor to commit crimes."

Therefore, if the doctor is ruthless, if he is punished, he will not know the virtuous. "Hanshu · Sima Qian's Biography": "The Biography said:

He can't be punished by a doctor. This is a must-have for the Priest's Day. "The Book of Jin and the Criminal Law Chronicles":

The classical punishment is not for the doctor, and if there is a criminal in the present scholar, it is appropriate to say that it is the same, and if it is not in the criminal case, it is allowed to advance and retreat. "History of the Ming Dynasty: Criminal Law Chronicles": "The ancients could not punish the doctor, and they were ashamed of it."

The word decomposition of the word Shang Dafu is one of the official ranks in ancient China. The official ranks of the Zhou royal family and the princely states are divided into three categories: secretary, doctor, and scholar, and each rank is divided into upper, middle, and lower * Yin Kuan sedan chair "Han Feizi Foreign Prince Said Lower Left": "The husband is a master of the chapter, so it is not good to be virtuous."

Therefore, the law of the Jin Kingdom, the upper doctor, the two public opinions, the two vehicles, the middle university.

Hello, good big and medium oranges! What I want to explain to you today is [Punishment is not a doctor];

From "The Book of Rites: Qu Li": "If you can't be a courtesy, you can't punish a doctor." There are two interpretations of this sentence, the first is that the Shu people are not eligible to be courteous, and the doctor has the privilege of not being punished, and the second interpretation is that the doctor is guilty and not unpunished, and the Shu people have etiquette but they don't have to be strict with etiquette like the nobles.

But in fact, this sentence is with the later generations, [the prince violates the law and the common people are guilty of the same crime], [before the law, everyone is equal] is in the same line, the correct interpretation should be, the doctor does not aggravate the responsibility because he understands the criminal law, the Shu people are busy with their livelihood and have no conditions to buy ceremonial sacrifices, so they do not make certain ritual requirements for the Shu people, since the Qin and Han dynasties, the interpretation of this sentence is that the Shu people are not eligible to receive courtesy, and the doctor has the privilege of not being punished, plus [the law is not applied to the Venerable], Interpreting it as saying that the law is not imposed on people of high status, so that "down" is understood as "down to", and "selling the group" is understood as "up to", in fact, this interpretation is contrary to the original meaning of the original words;

Professor Qian Wenzhong also said in the "Hundred Lectures" that he believes that the [up] of "punishment is not for doctors, and etiquette is not for people" is the meaning of "preferential treatment", and [down] is the meaning of "exclusion", and the whole sentence means that scholars will not be treated preferentially in sentencing, and the common people will not be excluded from etiquette, so how should we use this idiom to form sentences? In class today, the teacher explained to the students, "You can't be courteous, and you can't punish doctors." The true meaning of this sentence;

Okay, that's all for this issue of [Punishment for Doctors], we'll see you next time.