[1] |
法定者,法律也,乃時代之產物。各時代之法律,必不全然相同,實則民意更迭使然。民意者,民眾之意識形態也。惟查古時法律,要為統治者所創設,何來民意之有?蓋古時民眾未受啟蒙,聽信統治者而不知爭執,任憑其立法,又甘願受其統治矣。然民眾所不知、所任憑、所甘願者,亦屬民意之一環,故上開斷言,於理未有不合。 |
The word "statutory" means of laws, and the laws is an outcome of generation. The laws in each generations are partially different. They change with public will. The word "public will" means the ideology which the public believes in a generation. However, in the ancient times, the laws were mostly enacted by dominators, so was there any public will in the enactment of the laws? We consider that, in the ancient times, the public had not been enlightened, so they easily trusted their dominator, not knowing to argue with their rights, letting the dominator enact the law at his own will, willing to be reigned by him. However, the unknown, letting, and willing of the public are also kinds of public will, therefore, said assertion is sensible indeed. |
[4] |
或攀今比昔,以論法律之進步,純為人情所託,不為智識所採。各時代之法律,不可共量,故不得爭執,致確定判決在全域時空中已完成案件權利義務之最佳化分配。 |
Many people compare the laws in the present time and in the past time and conclude that, the laws are in progress, but in fact, the progress is an illusion from human feeling, not the reality with practical knowledge. The laws in each generations are incommensurable, so we shall not argue about their good and bad, thus, if a sentence becomes definitive, since it also becomes inarguable in history, we deem it having completed the optimum allocation of the right and the obligation for the very case in the global spacetime. |
沒有留言:
張貼留言