法律人定,由人参与和判决;而人有缺陷。所以其规定的公平、正义,只是相对客观、正确。如果连,相对(和稀泥),都保证和维持不了;那么,此刻,对“法律”进行践踏便就成了最大的公平与正义!
- The law is made and participated in and judged by man; and man is flawed. That is why the fairness and justice it prescribes are only relatively objective and correct. If even the relative (and muddled) cannot be guaranteed and maintained; then, at this moment, trampling on the “law” becomes the greatest fairness and justice!
《庄子·胠箧》:“彼窃钩者诛,窃国者为诸侯;诸侯之门而仁义存焉。”意思:偷带钩的要处死,篡夺政权的人反倒成为诸侯。用以讽刺法律的虚伪和不合理,引申义为现实是虚伪的。这句话否定圣人之道,体现的是道家思想。以庄子的观点,一切法律典籍、制度存在,必定是粗粒度的,且有其局限性。
- Zhuangzi – Pilferer: “He who steals the hook is punished, and he who steals the state is a vassal; the door of the vassal is open while benevolence and righteousness exist.” Meaning: He who steals a hook is executed, and he who usurps power becomes a vassal instead. It is used to satirize the hypocrisy and unreasonableness of the law, which by extension means that reality is hypocritical. This phrase denies the way of the sages and reflects Taoist thought. In Zhuangzi’s view, all legal texts and institutions that exist must be coarse-grained and have their limitations.