Chapter 47: The Realm of Sophistry (8)
Yechen said: "The reason why the law appeared is because human beings need a rule to survive better, and now because of the development of productive forces, human beings have accumulated relatively more material resources, so the universally agreed law must protect basic human rights, which is in line with the spirit of the law of this era, but what if the productive forces are not so developed in a society?" The recently excavated Enmu Bingqi Code clearly stipulates that if you kill someone else's slave, you will be compensated for the three sheep, and it is okay to kill your own slave, do you know why? In a slave society, slaves were the private property of their masters and could be disposed of at will. That code was highly regarded by the legal and archaeological community, as it was the first written law that has now been discovered. You must know that even if the slave society is a slave owner, there is no way to spend a stable life, natural disasters and man-made disasters, accidentally become slaves, don't they want to live freely, who wants to be slaves, to get to the bottom of it, because the productive forces at that time can only maintain such a social order, so Enmu Bing's code is in line with the spirit of the law at that time.
"In this case, the prosecution's argument was inappropriate on the basis that the surviving four had violated the laws of the United Kingdom, and that the laws of the United Nations had not been enacted with such extremes in mind, that is, the spirit of the law embodied in our laws was based on 'general' circumstances, and one of the manifestations of this 'general' situation is that all members of society can coexist, and there is no such thing as life and death in the full sense of the word. It can be seen from this that the situation that the adventurers encountered at that time was no longer covered by our law, that is to say, the law of the United Kingdom was in a state of invalidity under the circumstances of the time, and they were in a 'state of nature'. It is absurd for your prosecution to use UK law to demand that it is not covered by its law, and you should not have brought a case in the first place.
"What is wrong with the fact that the laws of the United Kingdom have lapsed under the circumstances and that they have made a contract to regulate their conduct in the light of the circumstances? For that expedition team, when they were in a desperate situation, they were able to use contracts and random lottery methods to keep most of them alive, that was the embodiment of the spirit of the law, and it was the embodiment of civilization. When they survived, they would warn other explorers to think more about making expedition plans, suffer a loss, die once, learn a lesson, and improve some places, which is how human beings slowly developed. Now, a group of people are using truly civilized methods to protect their lives, but you want to destroy the contract that represents civilization, declaring it invalid and sinful, you are blocking the process of human development! β
Li Kai looked at Yechen dumbfounded, this woman can really talk nonsense, what is this, he thought for a while, and said: "Said: "You also said that the emergence of the law is to allow human beings to have a stable and relatively orderly development environment, and you also said that when the social productivity is not enough to protect everyone, the law selectively protects the vast majority." Miss Chen, as far as the expedition team is concerned, their choice cannot be wrong, they did use the power of civilization and wisdom to protect most lives, but this point of view has a premise, that is, these five people are completely isolated. In fact, human beings are social animals, and although they live on an island, they are inextricably linked to civilized society. At this time, we cannot consider these five people to be in a completely 'natural state'.
"This case is going to be tried in public in five days, because of the very special circumstances that have already received a lot of attention, have you considered what trouble it would bring if they were acquitted? This is tantamount to telling all members of society that, under the right conditions, certain people can have the right to lawfully deprive others of their lives. You know the complexity of law enforcement, and in many cases there is no problem with written laws, but in the process of implementation, there will be great obstacles. Because of the peculiarity of this case, it was tried by the Supreme Court, and it was assisted by the top experts in the country, so we can conclude that the explorers really had no choice but to make this choice. However, once a precedent is formed, similar cases in the future will refer to the outcome of this trial, and will every similar situation be reported to the Supreme Court at that time? Will there be hundreds of experts working together in each case? Will there be a lot of indiscriminate killings? Obviously, there are other options, but they still choose to kill their companions, and they will not be punished anyway, with such a precedent. Miss Chen, you have to consider how much turmoil the outcome of this case will cause to the whole society, in the eyes of ordinary citizens, those people who kill their companions and eat his flesh are unacceptable, they are probably not clear about the legal logic contained in this, they just know that a person is killed by his own companions, and the body is also eaten, which will cause great trauma to their sense of security. A society in which everyone is in danger will be in chaos. In order to avoid the whole society falling into some kind of chaos, we should be extremely cautious in our approach to this case, and we must take into account the various possible consequences, some of which we cannot afford after all. β
Yechen said: "You're right, this case has now received a lot of attention, and the outcome of the verdict will have a huge impact, which may have some negative effects. But you're only thinking about the spatial, not the timeline. According to you, it is indeed easy and safe to convict them, but this move is a betrayal of the essence of the humanitarian spirit, a betrayal of the spirit of the law, and a reversal of the wheel. I always believe that the development of human civilization will get better and better, although we will not understand the people's acquittal now, but with the popularization of the spirit of the law and the development of society, they will eventually understand the humanistic care contained in it, and they will be regarded as crazy people if they take a step forward, but this is not a reason for us to stop, without the various reforms promoted by those 'madmen', our society will not progress. β
The two men debated in sophistry for more than three hours before the conversation ended, and the mission scene changed again.
PS: These two are nonsense, if you are really interested, you can go and see the book Cave Strange Case, where there is a more professional and wonderful interpretation.