After the Second World War, with the collapse of the regime, the theory of "evil law is also law" was attacked by many bourgeois jurists, especially the new natural law scholars, who emphasized the close connection between law and morality, and believed that law should be subordinate to values such as justice, and that immoral and contrary to justice laws were not laws and should not have legal effect.

All the judges and lawyers in this group, who listened carefully to the first-year jurisprudence class, must have a deep memory of this argument.

When I was a student, when I was fighting over ideas, I talked about the stability, lag, and authority of the law, and there was no lack of eloquence among my supporters: On what basis do you judge that a law is a "bad law"? Shouldn't a law be obeyed if it does not conform to your interests and values?

Back then, everyone was talking on paper, but now, whether it is a judge or a lawyer, after so many years, they have their own experiences of these two arguments.

Because it is a free debate, there is no dispute between one debate and two debates and free debaters, and according to the order, Huang Yixi's side should speak first.

After Luo Jiangping finished speaking the rules, he was quiet for a while, Huang Yixi looked at everyone, no one wanted to start speaking first, they were all worried about being beaten by the group.

Huang Yixi was helpless, and was about to stand up, but was stopped by Luo Jiangping, "We are also free debate and discuss with each other, there is no need to engage in a debate competition, everyone just sits and talk, and after one side finishes speaking, the other side continues to say, if someone on the other side has something to add, it is allowed to supplement once, each time for 2 minutes." ”

I heard that there was no need to stand up, so Huang Yixi also sat down, "Since everyone doesn't speak, then I'll come to a brick throw, I recently have a case at hand, which is a case of divorce of the elderly, one party accuses the other party of engaging in family planning work on the street, in order to deny the character of the other party and achieve the goal of divorce. ”

Maybe people don't dare to say it now, it is not easy to say whether this policy is a bad law now, and it may not be necessary in the future, but now the disadvantages of this policy have come out, not to mention anything else, this year's two sessions have a proposal on Weibo to increase the birth rate: in the pilot area, the Internet will be cut off at 11 o'clock every night, TV broadcasts and other entertainment activities will be stopped, and condoms will be purchased under the real name system during the pilot period, and abortion will be banned, and it is believed that within one or two years, the birth population will be greatly improved.

Although this netizen is responsible for being funny, he also illustrates the grim fact that the birth rate has dropped sharply from one side, and some people even propose that couples who have not given birth to three children when they are forty years old need to pay social maintenance fees, which means that if you don't give birth, you have to pay money to raise other people's children.

It can only be said that the extreme left to the extreme right.

As soon as Huang Yixi finished speaking, Lin Ling immediately stood up, "Friend of the other party, if the evil law is also the law, Germany formulated a large number of laws during Hitler's rule, including the law of genocide, these laws were all formulated with due process, at least on the surface, in line with all the formal requirements of the law, there is no problem with the logic, then ** Germany's atrocities are not completely legal, under the principle that the law does not apply retroactively, and how can the people who were "legally" mutilated at that time be compensated, then "according to law" How can the war criminals who commit violence be punished?"

Lin Ling's point of view has always been an irreversible view of many evil laws, far away from World War II, the recent fat man of more than 200 pounds who took a 66-hour green train to negotiate with a seventy-something old man and did not reach a consensus, and also punished his uncle, isn't this a typical evil law?

From ancient times to the present, slavery is a law, how many years has it survived? Before 1959, serfdom and slavery were still practiced in Tibet.

Apartheid is the law.

Women have no political rights?

In some amazing countries, stoning people to death is also the law.

History has proven over and over again that stupid laws are not only numerous, but also endless!

But how many of these laws are punished for this?

Reading the history of jurisprudence makes you have to admit that sometimes, justice is not absent, it is only late, but most of the time, justice is not only late, but often absent.

Huang Yixi's face was thoughtful, and after a while, she spoke, "Analyzing the good and evil of the law is an eternal proposition, and Aristotle believed that good law should contain two meanings: the established law should be universally obeyed, and the law that everyone obeys should itself be a well-formulated law.

Generally speaking, the so-called good law is a law that defends people's rights and freedoms, prevents tyranny, punishes crime, and upholds justice. Evil laws are laws that uphold dictatorship, tyranny, human rights, wanton deprivation of people's freedom, and undermine justice. ”

Huang Yixi's meaning can be divided into two meanings from the words, one is that if because of the limitations of social consciousness and form and people's cognition at that time, it was a law that helped to maintain the stability of the society at that time, and later time proved that the law was a bad law, this kind of law can be amended and abolished, but it cannot be retroactive.

And the kind of laws that were considered to be anti-human, violating human rights, depriving people of their freedom, and undermining justice should be investigated.

In Huang Yixi's view, the kind of anti-human and anti-social law that succumbs to a momentary tyranny cannot actually be equated with the evil law they are discussing now, which is evil from the beginning.

In the absence of a consensus on the scope of the evil law, it is difficult for the two sides to continue the discussion.

Huang Yixi very much dislikes two voices in China, one is, one is no, one is born, and the other is existing, this kind of extreme thinking leads to the thinking of the Chinese people is modest, but the work is extreme.

Luo Jiangping and several judges nodded, indeed, if there is no consensus on the definition and scope of the evil law, it will be meaningless to continue to debate.

Shang Luoyu shook his head when he heard this, in fact, there are different views on a thing, there are different social consciousnesses in the same time and space, different social consciousnesses have different views on the same thing, and there is no law that can unify the behavior patterns of all members of society.

And since there is no way to unify the social consciousness of all members of society, how can you prove that your point of view is correct?

It is a false proposition, for example, for example, the third brother, who writes the meaning of oppressing the people on paper, also called the law. For example, the meaning of inflicting dog punishment on his uncle is also the law. In this range, can you say whose social consciousness is in line with the times?

Some laws had their own background when they were promulgated, such as the re-education through labor system, such as the family planning policy mentioned by Huang Yixi at the beginning, and Article 33 of the "Marriage Law" discussed by him and Huang Yixi.

The two teams of people fought over and over, and when someone shouted to stop, they looked at the time, thinking that it would be a while, but they didn't expect it to be more than one o'clock at noon.

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