CH 19: Political Correctness

Wang Anshi was as joyous as Sima Guang, his friend and adversary, was angry.

Wang Anshi didn’t feel like this was something he needed to hide out of politness. He wasn’t happy for the victory per se. After all, Sima Guang had not yet made any decision on the case. Knowing Sima Guang as he did, he understood better than anyone that Sima Guang would certainly continue his investigation. The lawsuit was not yet over.

He was just happy to see Sima Guang take such a huge blow. It was indeed satisfying. Given Sima Guang’s eloquence, which he had experienced firsthand, rarely did someone challenge him enough to make him question his life.

In the courtroom, he had already started to laugh, now he was laughing all the way home.

As he got off the horse carriage, he saw a man in his thirties standing in front of his house, instantly he was overjoyed, “Huiqin!”

As the saying goes, it’s better to come at the right time than to come early.

“Teacher.”

The man immediately stepped forward and bowed.

This man’s name was Lu Huiqing, a graduate-scholar who had passed the civil examinations. He currently worked as a editor at the Hall of Scholarly Worthies. He had become Wang Anshi’s disciple over a decade ago.

Wang Anshi smiled and said, “You came just in time, I definitely have to drink a few cups with you today.”

Lu Huiqing was somewhat surprised and asked, “Teacher, you’re so happy. Could it be that Academician Sima really lost to a pen-in-cap?”

Wang Anshi let out a hearty laugh and said, “Come on, let’s talk inside.”

Upon entering his house, Wang Anshi first ordered his servants to quickly bring up the wine and food. However, before the wine was even on the table, he couldn’t wait to tell Lu Huiqing about Sima Guang’s embarrassment in the courtroom.

He recounted the event in an animated manner, vividly and colorfully. But after Lu Huiqing listened, he knitted his eyebrows and stayed silent, not picking up the conversation.

Wang Anshi felt a bit awkward, a tinge of guilt arising in his heart. Was he too happy about the misfortune of others? Was he not behaving as a righteous man should? So, he asked, “Huiqin, don’t you find it funny?”

Lu Huiqing was slightly taken aback, and quickly said, “Teacher, this is the time to take advantage of the victory and crush them in one fell swoop.”

Wang Anshi was stunned for a moment and asked, “What do you mean?”

Lv Huiqing said, “Back when you and Academician Sima were debating, the officials of the imperial government had different opinions about whether the offender’s punishment should be reduced. Everyone had valid points. But now it’s different. The debate now is about excessive self-defense, and it has become a matter that involves filial piety. Therefore, as long as you stick to the point on filial piety, the opposition will have no countermeasure. You might even gain more support in the court, laying a good foundation for the New Policies.”

A light shone in Wang Anshi’s eyes.

This was a great idea!

Because a few days ago, when discussing whether the Court of Judicial Review should retry this case, both sides had made their intentions very clear—they wanted the case to be decided, no more dragging on.

Therefore, the day after the trial, Emperor Zhao Xu summoned Sima Guang, Wang Anshi, and other judges for questioning.

When the Emperor saw Sima Guang, he looked really haggard, with dark circles under his eyes almost like a panda. He must have stayed up all night again, studying the case.

Emperor Zhao Xu, who was present at the trial yesterday, had also seen how Sima Guang was beaten. He felt somewhat sorry for Sima Guang, saying, “You really have worked hard.”

Sima Guang quickly responded, “I am grateful for Your Majesty’s concern. This is part of my duty, and it cannot be considered hard work.”

He wore a slightly embarrassed expression.

Emperor Zhao Xu asked again, “Did you reach a decision yesterday?”

Sima Guang carefully said, “Due to some new points of doubt raised by the appellant, we are currently investigating. I dare not hastily make a decision.”

“Your Majesty, I do not agree.”

Xu Zun immediately stood up and said, “Your Majesty, in fact, we have made it very clear yesterday. Ayun had no intention to commit murder. She only wanted to injure Wei Ada in order to delay the marriage because of her desire to honor her mother. This was indeed excessive self-defense. Also, Ayun turned herself in, which qualifies as voluntary surrender, further reducing her charge. Furthermore, Ayun has been in jail for four months and has received her due punishment. I suggest that the court should be lenient and release Ayun immediately.”

“I agree.”

Wang Anshi also immediately stood up and said, “I believe the evidence presented by the appellant is enough to prove that Ayun is a kind and filial child, not the ruthless evildoer that Academician Sima believes her to be. The court should be lenient.”

Sima Guang immediately rebutted, “These are just conjectures of that pen-in-cap. They are not conclusive evidence.”

Wang Anshi argued, “But Academician Sima cannot find evidence to refute these conjectures either. Based on the principle of leniency when there is doubt, Ayun should be released.”

Sima Guang said, “I have only just ordered an investigation, how do you know I can’t find evidence? Besides, Ayun herself admitted that she attempted to murder Wei Ada because of his ugliness.”

Wang Anshi said, “Regarding Ayun’s confession, it has already been proven invalid in the court. If an offender’s testimony is taken to be conclusive, then no offender would admit to their crimes. Moreover, I believe Lord Xu would not provide false evidence.”

Sima Guang scoffed, “Filial piety and intentional murder cannot be conflated. This is a criminal case, not a discussion about a person’s morality. If in the future everyone judges a criminal case based on the person’s morality, then what’s the point of having laws?”

Wang Anshi smiled slightly, “May I ask Academician Sima, by what law do you determine that Ayun is a ruthless evildoer?”

Sima Guang was not making his judgment based on the law either. Quite the contrary, he was actually basing it on traditional principles of Confucian decorum. He believed that although the law did not recognize the marital relationship between Ayun and Wei Ada, they were married under the traditional rites and custom. Ayun should knew in her heart that what she did was attempting to murder her husband, which was a grievous sin.

“Enough!”

Emperor Zhao Xu suddenly interrupted the two’s argument, “Since this case has been handed over to Academician Sima, I believe he will give a fair verdict.”

“Thank you for your trust, Your Majesty.”

Sima Guang let out a sigh of relief, “I will not let down Your Majesty’s trust.”

Hearing this, Wang Anshi no longer continued to argue, a hint of amusement flashing in his eyes.

Xu Zun seemed somewhat surprised.

Just like that?

Back at his manor, he immediately called Zhang Fei over, saying, “You have lost.”

Zhang Fei, with a face full of astonishment, said, “I’ve lost?”

Xu Zun nodded and said, “His Majesty has allowed Academician Sima to continue the investigation. No matter what he decides, no judgement will be given within ten days.”

Hearing this, the confidence on Zhang Fei’s face became even stronger. He said, “It has not been ten days yet, has it?”

Xu Zun said, “As long as His Majesty allows the Court of Penal Review to investigate, it will not be possible to close the case so quickly.”

Zhang Fei said, “But I do not have the habit of admitting defeat in advance.”

Xu Zun chuckled and said, “Fine, fine. Believe it or not, it’s up to you. I’m telling you this not because I’m afraid you’ll be a sore loser, but to remind you to be prepared. Academician Sima is not so easy to deal with.”

Zhang Fei, still full of confidence, said, “He will undoubtedly lose.”

Xu Zun was puzzled. What gave him this confidence?

Although Wang Anshi did not continue arguing with Sima Guang in front of the Emperor, as soon as he returned to the Hanlin Academy, he immediately started criticizing Sima Guang. He accused Sima Guang of being stubborn, caring about his face, and unwilling to admit that he had lost to a youngster, all while disregarding objective evidence. Furthermore, he quoted Zhang Fei’s words, accusing Sima Guang of lacking professionalism and not knowing how to conduct a trial.

Sima Guang’s temper also flared, and he immediately retorted.

This case had originally been the root cause of the division in the imperial court, and everyone had taken sides because of it. The reformists around Wang Anshi had stood up and criticized Sima Guang.

But what was different this time was that the reformists were in an absolute advantage, as most of the conservatives chose to remain silent.

The atmosphere in the court immediately became fraught with uncertainty.

“Guang, this case can’t be investigated further, it must be closed immediately.”

Liu Shu, an Associate Minister of the Ministry of Punishments, privately found Sima Guang and said anxiously.

Sima Guang was puzzled and asked, “Why?”

Liu Shu sighed, “Because most people in the court no longer wish to further punish Ayun.”

Sima Guang frowned, “Is this related to filial piety?”

Liu Shu nodded.

Sima Guang immediately retorted, “You should know that this is just Zhang Fei’s one-sided account. There is no solid evidence to prove that Ayun committed the crime in defense of filial piety.”

Liu Shu said, “But the key issue is no longer this. Most people in the court believe that Ayun is indeed a filial daughter. After the commotion caused by Zhang San, if Ayun is severely punished, it would cause the world to question loyalty and filial piety. When a person faces threats against their loyalty and filial piety, should they compromise and act as someone who is neither loyal nor filial? The negative impact will be immeasurable!

Wang Anshi and the others are also seizing this issue, criticizing us.”

So, if we continue to argue, most people will choose to stand on their side. And we all know that what Wang Anshi is fighting for is not loyalty or filial piety, but his reforms. He clearly wants to use this case to gain more support for his future reforms.

So, no matter what, this case must be ended, and we must show sympathy for Ayun’s filial piety.”

After hearing this, Sima Guang was stunned.

Anger, depression, conflict, struggle, and pain, among many other emotions, were intertwined on his resolute face.

Only at this point did he suddenly realize that he had already been completely defeated.

He had previously understood Zhang Fei’s tactics, which were to use filial piety as a shield, but he overlooked the political significance of “filial piety”.

Loyalty and filial piety were the foundation of Confucian rule.

And that made it a matter of political correctness.

The scholars and officials of the Song dynasty were unwilling to undermine the significance of loyalty and filial piety for the sake of this minor case.

Within these two days, many retired officials had come to visit, hoping that he could give Ayun a lenient sentence and make a judgment that sent the right message to society.

When Wang Anshi began his latest round of attacks, the conservatives were no longer united. Although some people still supported Sima Guang, some sided with Wang Anshi on this case. Of course, many chose to remain silent.

If Sima Guang continued to argue, it would lead to anti-reform officials being forced to take sides with Wang Anshi just because of this case.

The key political agenda of the core conservative faction was opposition to Wang Anshi’s reforms. They now realized the severity of the issue. If they continued to investigate the case, they would be missing the forest for the trees. They also understood that Wang Anshi would love for them to continue arguing. All the better for him if they decided the case as intentional murder resulting in bodily harm.

Every day they delay, there could be one more person siding with Wang Anshi.

A judgment must be given immediately.

Many conservatives didn’t even wait for Sima Guang’s judgment. They already stood up and stated their support for ruling Ayun’s case as excessive self-defense, along with their reasons.

Their message was clear. We didn’t lose, and we don’t acknowledge that the previous judgment was wrong. We just have new evidence now that we agree with, and we are willing to retract the previous judgment. This is precisely a reflection of our fairness and sense of justice!

Sima Guang was truly in a terrible state. He felt wronged in his heart. He also acknowledged the doubts raised by Zhang Fei. He just wanted to investigate the details mentioned by Zhang Fei. Was this not allowed?

The answer was no.

Because one thing can be proven: Ayun had indeed been serving her seriously ill mother all along, and had indeed refused her uncles in the name of filial piety. This was enough to prove that she was a filial daughter. Therefore, no one was willing to cross that line.

Even if Sima Guang had a stubborn temperament, he wouldn’t dare to risk the ire of the entire world’s disapproval, especially when it involved political struggles. He could only compromise, and after just two days, he gave the final judgment.

The longer this matter dragged on, the more unfavorable it would be for him.

Ayun was convicted of excessive self-defense.

The judgment pointed out Ayun’s illegal actions on one hand, but on the other hand, it praised Ayun’s filial piety to her mother.

In essence, it was telling everyone that loyalty and filial piety are worth defending with one’s life.

This set Ayun up as a role model, and naturally, she couldn’t be given too severe a punishment.

Sima Guang also accepted Xu Zun’s suggestion.

Since her actions were held to be excessive self-defense, there was naturally no egregious crime, and she certainly qualified for a reduced sentence for voluntary surrender. Furthermore, since Ayun had already been in prison for several months and had received due punishment, it was decided that Ayun was to be released.

This was definitely not a legal judgment, but a political one.

But for a pen-in-cap, this didn’t matter. All that mattered was that he had won.