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吴伟民教授 只有神才能制衡人类
发布时间: 2009-07-10 15:38:38 点击次数: 0

吴伟民教授 只有神才能制衡人类

Rule by Law, a Tolerant Society Should Be Constructed

作者:吴伟民 发布时间:2006-05-03 12:48:54

Author: Wu Weimin


The intolerant law is not true law.


The intolerant rule by law is not genuine rule by law.


Rule by man is the least tolerant, and even it is not tolerant at all. It is sometimes the emperor or the king or other despotic governor who rule the people at their own will.


Rule by man can also achieve great success sometimes, but this is short-lived; absolute rule by man is absolutely short-lived.


The law should respect every individual and rule by law should take every individual’s benefit into consideration. The majority and the minority alike should benefit from sunshine and rain of the law.


The holy function of law is to regulate people on the same earth, in the same country, in the same nationality region, of the same religious belief to possess resources, right and happiness fairly.


If the law acquiesces some few people to possession of excessive right, abundant resources and happy life with more common people struggling on the poverty line, such law is not very tolerant, or it can be called deformed law.


Opening the History of World Legal System, we may find: the essential reason of high crime rate, even riot, revolution and war that take place at one place is the low degree of tolerance, either one side does not tolerate the other, or both sides do not tolerate each other.


The law is neither the shadow of the state nor the instrument of the ruler, but the product of the culture. The cultural community produces the law. The law forcibly deviated from the culture is deformed.


The law, like the ripple which appears after a stone falls into water, has its boundary, with the family the minimal and the universe the maximal. The trivial law helps the development of the more significant whereas the more significant law tolerates the trivial.


If the law sits by and watches one nation’s praising himself and reprimanding others, the law, together with this nation, will be mocked by other nations in the same way.


If the law cheers at one nation’s invasion upon another, at one religion’s attack upon another, such law loses its soul, even with bugs climbing all over its body!


Rule by law is not the perfect happy route of human society, but that human beings have no alternative. The uncompromising conflict between the decreasing material resources and the increasing human desire forces people to choose rule by law, for rule by law first pursues procedure (fictitious) justice, neglecting the actual justice of the individual case. Rule by law is actually compelling the other half justice to fall through!


Rule by law compels the common people to forsake the objective reality but pay attention to law facts, and compels the common people to give up emotions but attach importance to reason. The former is deviated from human heart whereas the latter from human nature.


The culture of rule by law is born from moral culture born from religious culture. They are kin to one another like the relationship between daughter, mother and maternal grandmother. Hence, rule by law should respect morality and uphold religion. Rule by law has no reason to betray morality and to ignore religion.


A society is not sound by depending on tolerant law and rule by law only. Human beings are in more need of morality and of religion.


Everything on earth needs both compelling force and resistance. Otherwise, things will develop in the opposite direction when they become extreme. Human beings are the most powerful in the ecosystem. The only force that can control human power is religion, or the God.


God says to man: if man does evil things, he will be punished in this life or future life, or he will go to hell. Thus man restrains himself from the evil doings and does good things。


Those people say: God is nonexistent. So they care nothing and become audacious in the extreme, saying “ another hero in 20 years” …


The value of rule by law is inclined to tolerate the weak.


Law holds: the rich should tolerate the poor, the strong should tolerate the weak, the big country should tolerate the small, humankind should tolerate everything on earth.


However, the status quo of rule by law in the whole world runs counter to this --- many rich people accumulate wealth by forcibly occupying the resources, many powerful men seize power by compulsory means, many big countries become powerful by strengthening force, and many common people, at their will, cut trees, bomb mountains, catch fish and hunt, regarding themselves number one among all things on earth.


If the tiger, the lion, the kangaroo and the swan are also capable of making law and practicing rule by law, they will probably wipe out the whole lot of mankind without any mercy in the same way.


At the very beginning of the first day of the year 2000, every bush and tree on earth stand in silent tribute for three minutes, and then send out deafening sound of cry: oh, mankind, do not cut us down any more! The whole earth is vibrating, but the law keeps quiet and rule by law remains silent, because the law is running short of the blood of morality and rule by law is lacking in the spirit of religion.


Human tolerance of the environment is to lower the privilege status of “mankind- centredness”


The first item of The Law of the Earth should write: men are equal to all the animate things and inanimate things in the environment. Men are not entitled to destroy the ecosystem and kill the living creature willfully.


The rich tolerate the poor by taxpaying and contribution, i.e. bestowing on the poor their own resources and wealth.


The powerful tolerate the weak by allowing the weak to have the freedom of speech and thought and by making law and administering justice of their free will. Freedom of speech is freedom of thought --- it should be the foremost freedom of human beings.


If a political community or a cultural community sets up opposition faction and hears their opinion, this is tolerance in a real sense. How much tolerance will remain if the exercise of law forbids the involvement of the opposition faction or prohibits their freedom of speech?


Politics is relatively conservative, taking into account the status quo, since politics aims to maintain the social stability; academic learning and research is absolutely radical, having the future in mind, since academic learning and research is oriented to leading social progress.


It is impossible for the statesman to become ideologist and it is also impossible for the ideologist to become the statesman, because the space- time distance between them is at least half to one century.


The ideology that caters to politics is not academic thinking, for the essence of academic thinking is academic ideal. The further the ideologist walks ahead of the statesman, the higher the academic value of his ideology!


The ideologist should tolerate the statesman, for there will not be stable social order without the relatively conservative statesman; but the statesman should tolerate the ideologist all the more, for there will not be social development and progress without the radical ideologist.


But, the conservatives can not take measures without attention to the changes in circumstances and the reformists can not spoil things by excessive enthusiasm.


Provided that rule by law actualizes the mutual tolerance between the statesman and the ideologist, that is the ideal world that rule by law seeks!


Written on the Fragrant (Xiangshan) Mountain of Beijing