Chapter 10 Methodology

(1) As far as the legal system is concerned, the legal system is attributed to the effective power of the political system, and the effective restrictive measures or means, which belong to the category of Zhengyin in the eight characters, and is synonymous with rights, wisdom, honor, rules and systems, and legal means. Pen Fun Pavilion wWw. biquge。 Strictly speaking, law belongs to the category of wisdom in philosophy, and is a common component of the will of human social groups, mainly demonstrating the effective means of restricting political rights.

The rule of law is the institution that ensures that the law is put in place, and is the cornerstone of ensuring fairness and justice and equality for all. Legal means are restrictive provisions that are only used by a small number of people, and restrictive measures that are only used by a small number of people who violate laws and regulations.

The true intention of the legal system is to protect the legitimate rights and interests of all the people and to ensure that all the people are equal before the law.

The German philosopher Hegel said: "The people must realize that the constitution is their own right and can be put into practice." Otherwise, the constitution will be a mere façade and will have no meaning or value. "In the face of this sole power, nothing can sustain an independent existence. "The law is a true reflection of reality, everyone has their own rights, and everyone should be guaranteed by the legal system. At the same time, everyone should abide by the law, because no one can exist independently before the law, beyond the scope of the legal system.

The French thinker Montesquieu believed that law exists in two forms: natural law and human law, natural law comes from the natural nature of human beings, natural law such as some restrictive measures in the civil procedure law on the settlement of civil disputes, and citizen guardianship and so on. The law of the people is derived from the civil conventions, government definitions, etc., such as company law, land law, etc.

Montesquieu also believed that the relationship between law and freedom is an antagonistic relationship, which is the greatest obstacle to freedom. The law is a restriction on civil liberties, and once a citizen crosses the legal red line, then the freedom ceases to exist.

Strictly speaking, the law is the cornerstone of ensuring the fairness and justice of citizens and the equality of all people, and effective restrictive measures are only applied to a small number of citizens who cross the red line of the law. Since the law guarantees the rights of the whole people, everything that involves the law must be mature and serious, without the slightest ambiguity.

Therefore, all the professional behaviors involving criminal police, prosecutors, and judges must have rich legal knowledge and life experience, and at the same time, they must also have strong philosophical and logical thinking skills.

Therefore, there must first be a mandatory age limit for the selection of criminal police, prosecutors, and judges. If you let a person with no life experience be a criminal policeman, a prosecutor, or a judge, this person must be a bookist, or a dogmatist. The wisdom gained from books, experience can only be a madman who learns and excels.

From this point of view, it makes sense to understand that Western countries set a mandatory lower age limit for professional criminal police, prosecutors, and judges. Criminal police and prosecutors are similar to civil servants because of the nature of their official duties, and they have a retirement period, while the upper age limit for judges is very relaxed, and judges can work for life. Because the older a person is, the more mature his life experience, knowledge structure, and consciousness will be, and the more objective and serious his judgment of things will be.

(2) Why Hegel is mentioned repeatedly in this book is because Hegel's thought represents the ideological meaning of modern Western philosophy to the greatest extent, and Hegel's thought influences the superstructure and political ideological line of modern Western countries.

It can be seen that Hegel's thought is indeed worthy of Chinese differential diagnosis and understanding and learning. For some of his ideological propositions, it is really necessary for the Chinese to implement them in their hearts.

Some of Hegel's ideas are very down-to-earth and practical. In the face of reality, when a person encounters a real problem, it is very important to look at the problem with what kind of mentality, and what kind of attitude you use to accept the problem directly affects how you deal with the problem. If you accept problems with the mindset of accepting the reality of existence, you will think that there must be a legitimate reason why things have developed to this moment. Then we will use a legitimate and reasonable attitude to deal with the problems existing in reality, solve the defects in reality, and do things well with a calm mind to resolve contradictions.

Chinese lack this mentality, and Chinese often look at problems with a complaining mentality, and for things that cannot achieve their satisfaction, they either reciprocate and hate, or passively accept them with the idea of rebelliousness. But deep down I don't have an balance and I don't accept it. Once one day encounters suitable external conditions, the small universe in the heart of Chinese can explode in an instant, and once this repressive mentality is stimulated, it often brings disaster to society, sometimes mass incidents.

Hegel's idea of the legal system is also very down-to-earth, and he believes that citizens should and need to understand the constitution of the state, because the constitution is the responsibility and obligation of the state to protect their rights. The Constitution is a real and individual right for the people to be put into practice. The constitution is the guarantee of citizens' rights, and only when the rights and interests of everyone are protected can the constitution have value and practical significance.

However, before the law, everyone is an individual, and there is no group. The law protects the dignity of every human being, and in the same way everyone is a law-abiding individual, and no one can exist independently outside the law and the state.

The questions involved in Hegel's thought are universal, intuitive, and not empty. At the same time, it also objectively expresses that everyone should correctly understand the relationship between realization and existence, existence and rationality, and rationality and human ethics.

It is necessary for his thinking to be carried out in the hearts of every Chinese, because as far as a person is concerned, you must fully realize all the rights granted to you by the Constitution, and you are also an individual, a member of the state power and the Constitution, and you cannot exist independently of reality. With this understanding, you will inevitably know your responsibilities and obligations, and you will know what kind of responsibilities you should bear under the rights and obligations conferred by the Constitution.

Responsibility is a reciprocal act, and obligation is a voluntary act. In the face of responsibility, the state and the individual must maintain the norm of reciprocity and mutual benefit, and in the face of obligations, the state and the individual must consciously abide by the duty to fulfill their respective obligations. That is to say, under the premise that the state protects the rights of individual citizens, individuals must fulfill their responsibilities and obligations as a citizen.

Since God has arranged for me to come to this world, my parents have given me the vitality of life, the state has guaranteed my right to be a human being, the Constitution has given me the right to mutual benefit with others, and my family has given me affection and love, then it is reasonable and legitimate for me to come to this world, and I must take my due responsibility.

In the same way, the existence of reality that existed before I came to this world is more reasonable and legitimate. I can't complain about the reality that already exists if I disagree with it. My parents gave me life, and if my parents are flawed and cannot meet my reality, which is also the legitimate rationality of reality, why should I complain that my parents brought me into this world?

I don't believe in God's blessing, but the guarantee given to me by the constitution is real, and if God, my parents, and the country do not do what I want, it is also justified and reasonable.

If I feel that the world is unfair to me, I must first realize that reality existed before I came, and since existence has its legitimacy and rationality. If I am not satisfied, I should first accept the reality of existence, and then transform it, change the current existence, and make the reality more legitimate, more reasonable, and more in line with my own wishes. Instead of complaining, not opposing, not even resisting, resisting the reality of existence.

Chinese generally do not recognize this, in the traditional understanding of the Chinese only water can carry the boat and overturn the boat, in the Chinese heart the Son of Heaven can take turns to sit in the village, in the traditional Chinese culture there is no reality is just and reasonable thinking, only you have me, I have your thoughts. The Chinese do not think that what exists in reality is reasonable and justified, and there is always a thought in the hearts of the Chinese who do not obey and realize existence.

This kind of thinking comes from the idea of "change, change" in traditional Chinese culture, and Chinese people always have the idea of not being satisfied with reality, believing that the gap between reality and their own ideals is too big, and always wanting to change reality instead of accepting reality. Start by accepting reality, find out what exists in reality, and then change it.

Influenced by the idea of "changeable, changeable", the Chinese do not face reality, but as soon as they see the problem, they associate it with the internal appearance or existence of problems in reality, and things are broken internally, and there are only two consequences of such thinking, either abandon or smash.

Therefore, you will see that the political propositions of ancient China are all changing, the last realm reforms one realm, the next realm continues to change, the reform that can never be changed, the way of thinking that cannot be changed, changed to the point that everyone does not understand, and everyone does not know what to do, or does not give up, and another circle of reformers comes up and continues to change. Therefore, there is no family business more than 100 years old in China, and a business that can be passed on for three generations is even if you accumulate virtue for eight lifetimes, and there is green smoke on the ancestral grave. The Chinese have an old saying that "one dynasty is a gentleman and one courtier, this dynasty does not need that dynasty", which is a true portrayal of the ancient Chinese regime.

The root problem of this is because in the principle of "change, change" in traditional Chinese philosophy, the root is that the "I Ching" is the principle of thought that matter is the first nature and consciousness is the second nature.

Chinese look at the problem first consider the regularity of the development of things, that is, the ancients said "Tianli", do not look at the surface phenomenon of material existence, directly associate with the internal development of things, and look for the regularity of the development of things, that is, where the "Tianli" is. Then use the regularity and nature of the development of things to speculate on the direction and certainty of the development of things. This is the ideological source of the ancient Chinese's "Mandate of Heaven Theory", and this is also the psychological source of the ancients' divination every time.

(3) From the Chinese Taiji diagram, you can see a rolling circle, the two poles are opposite and unified to form a whole, rolling development. Chinese look at Tai Chi from one point, from a dot to see the world, from two points to see the world of yin and yang, from two aspects of Tai Chi, that is, Yin and Yang Taiji, Yin and Yang ****, Yin and Yang repel Taiji, Yin in Yang, Yang in Yin, there is no absolute Yin and Yang, Yin and Yang are mutual. Opposites and unified Tai Chi, yin and yang are mutually transformed, the yin produces yang, and the yang produces yin.

Westerners look at Tai Chi from three points to see Tai Chi, in Western philosophy, the principle of triangular vertical cone mathematical conjecture is the constituent element of Western philosophy, Westerners believe that A and B are two opposing individuals, when the two forces exist equally, they can only be two individuals who exist in opposition to each other, exclude each other, form an opposing whole, or contract each other, form a rolling whole, and can not grow their power, and can not disappear, can only exist at the same time, if it is assumed that an equal third party exists, the power between the two can be transformed, and the three individuals who are opposed to each other can be mutually exterminated, and can interact with each other to form a unified individual。 This is the source of the triadic principle of philosophical dialectic, the triumph of Christianity, and the third law of economics. It is also the source of the idea that Westerners start from a third person, and the source of the Western theory of separation of powers.

It is also the existence of the three characteristics of "Yi", "Xi" and "Micro" that Hegel derives from the Taiji diagram, which is the universal existence of abstract nothingness, nothingness and trance in the words of the Chinese.

From this we can understand why Chinese always look at problems from the opposite side, from the inside out. When you look at a problem in dualism, things are two individuals who are opposites of A and B, or an individual who is unified by A and B, when A and B are two opposites, you either look at the front or the tail, and when A and B are united, you have to go in and look inside without looking at the surface. When A and B are dissolved, their respective forces are one and the other, and when A and B are opposed, the forces of the two are equal and unchanged, so that a concept is formed, and this substance can never disappear or change, and the contradiction and development coexist, rolling and developing forward.

This forms a complicated state of affairs, when the contradiction can not be resolved, only with the contradiction at the same time development, in the case of uncertainty people hope to get a psychological expectation, so the "Book of Changes" was born, through the expectation to solve the contradiction in the realization. Expect to be good and use it for yourself. Expectations are bad and unfavorable to oneself, so blindly change reality, and those who can't change use strong means to impact reality. If you feel that you are not strong enough to oppose or impact the reality of existence, on the other hand, you will complain and complain, and if you can't do it, you will have to endure humiliation.

The Chinese's rebellious mentality and submissive thinking are all derived from I Ching thought and Confucian culture.

The rapid change of dynasties in ancient China is related to the cultural thinking of the Chinese. I say this, don't you compare your own thoughts?

Chinese people are all atheists on the surface, but there are countless gods inside. Chinese look like theists on the surface, but when you ask him what he believes, he will tell you that he doesn't believe in anything.

The root of this kind of thinking lies in the dualistic theory of opposition and unity, you have me, and I have you.

Westerners, on the other hand, proceed from the triadic principle of philosophical dialectic, separating the soul from reason, existence and non-existence, object and virtuality, and materialism and idealism, and separately arguing the issues of reason, existence, materialism, soul, non-existence and idealism. Define all existence, reality in the category of materialism, and soul, nothingness, and non-existence in the category of idealism. This way of looking at the problem benefits of Socrates.

All this thinking of Westerners comes from the pragmatism of Western philosophy, from Socrates. Starting from Socrates, Westerners have separated philosophy from natural science, no longer influenced by natural science, and broadly defined philosophy on the basis of human conscious love and self-wisdom, broadly defined philosophy's cognition of human nature, pulled personality back from heaven to earth, defined ideological understanding between reality and existence, and only looked at problems in reality and existence.

On the contrary, the Chinese confuse natural science with philosophy, cannot distinguish what is philosophy and what natural science, and often apply the ideological understanding in natural science to real existence, and the Chinese idea of immortality, the idea of destiny, the emperor taking turns to sit, and the idea of obedience and so on all come from natural science, that is, the doctrine of the I Ching.

On the other hand, some of Hegel's ideas are very practical and realistic, and his ideas are indeed what the Chinese need to learn and learn from, and Hegel believes that the doctrine of the Greeks is called philosophy, and the doctrine of the Chinese can only be called thought.

Hegger's idea of "rational core" reveals the inevitability of historical development and achieves abstract logic and historical consistency.

Hegel established a breathtaking system of objective idealism, which mainly deals with the three stages of the development of the absolute spiritual self: logic, natural philosophy, and spiritual philosophy. Hegel applied the principle of this dialectic from beginning to end in his discussion of the development of every concept, thing, and whole system. This is one of the most astonishing and daring reflections in the history of human thought.

The pragmatism philosophy of Westerners is very simple and clear in looking at problems and the development of things. Westerners pay great attention to the appearance of the development of things, and do not understand the expectations of the development of things at all. However, if a Chinese is asked to look at the problem, he will inevitably verify the essence of the development of things from the results of the development of things, and he will think that the existence of things is not a problem whether they exist or not, but the problem is that there is development when things exist, and there is a process of change when there is development Chinese. Even before things existed, he began to anticipate non-existent problems.

Of course, in the process of the development of things, there is indeed a yin and yang contract and yin and yang mutually exclusive, you have me, I have you and you relationship, in the development of things will inevitably change. But where did the idea of predicting non-existent expectations come from before they exist?

Therefore, for the Chinese, Zhou Yi is a success, a failure, and a failure. Zhou Yi Thought has indeed brought dialectical thinking methods to the Chinese, and at the same time, it has also brought a complex objective world to the Chinese.

Looking at a problem from the perspective of dialectical thinking is indeed to look at the problem from the opposite side of the development of things, and there should be an expected goal before the development of things, but it is often the people who hold this kind of thinking who do not do things well. In reality, all those who hold this kind of thinking are either hesitant or scheming when doing things. This kind of person puts his own interests above reality, and before the existence of things, he has already thought of the non-existent interests, and has thought about advancing and retreating, how can he be honest with this kind of person?

Therefore, the Chinese are only suitable for fighting alone, one person is a tiger, and together they are a group of bears. The reason why the Chinese lack a sense of community is that the Chinese look at the problem first and look at the non-existent, do not have enough understanding of the existing problems, and the Chinese do not look at the existing problems and are unwilling to accept the existence of reality.

In the depths of the Chinese psyche, there is not enough understanding of the realization of existence, and there is no psychological preparation to accept reality. Therefore, once something fails, there are two ways of expression in the hearts of Chinese, one is to accept the fate and accept the fate, and the good result is also considered to be predestined, and the bad result is also considered to be predestined. One is rebellion, not believing that what exists is justified and reasonable. The answer to the problem is only in the other party, but it does not look at whether there is a problem with the existence of things, and does not look at the problem from the positive side of reality.

The reason is simple, there are only two outcomes of a problem in terms of the consequences of things developing, one is that expectations are set before things develop, so you will only focus on expectations and not developments.

One is to look at the problem in reverse order from the consequences of the development of things to the process of the development of things. Looking at the problem in reverse order cannot be the step forward, but only the result of backwards. It's the process of going from the end to the beginning. Why can't Zhuge Liang conquer the world, is it because when a smart person like Zhuge Liang looks at problems, he often starts from the consequences of the development of things, and before things develop, he has already expected the consequences, so he is taking a road from the end to the origin.

Therefore, if we look at the problem from the inside of the development of things, we will only put ourselves in it, but we will not be able to get out if we go in, which often leads to disasters and even irreversible consequences.

Westerners, on the other hand, proceed from reality and only look at problems from the surface of things, and enter when it is advantageous and leave when it is not profitable. Quite simply, the result of this is a perfect result.

Westerners do business and fight wars. Westerners do business to make money, and if they don't make money, they withdraw. The same is true for wars, and if you win, you will fight, and if you can't win, you will run. Because he stands on the surface of the development of things, he can advance and retreat, and advance and retreat freely. It is not like the Chinese who drill into the internal development of things to look at the problem, and when they find the problem, they can't run away, and they can't get out if they fall into it.

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