Reading The Paradox of Law

I spent nine hours reading this book - longer than I've ever taken before. The content wasn't difficult or lengthy, the reason it took so long was that I was experimenting with different note-taking methods. Eventually, I found one that works for me. I'll explain it in my next essay.

Why I read this book

I found this book through the 蜜獾吃书 podcast in its 100th episode. I love this podcast; the two hosts are knowledgeable and super creative.

I was eager to study law, and knowing that Professor Luo-Xiang is a philosopher makes me curious about how he blends paradoxes, law, and philosophy together.

The insights that inspired me

1. I know one thing: that I know nothing

苏格拉底有一句名言： “我只知道一件事，那就是我什么都不知道。”

This sentence emphasizes the importance of humility and self-reflection on knowledge

2. The assertion of rights has a deeper significance

主张权利不仅仅是为了捍卫自己的物质利益，更重要的是为了维护自己的道德存在和人格。

I don’t pay much attention to and assert my rights

3. The criminal law restrains the state, not the criminals

从本质上来说，刑法遏制的不是犯罪人，而是国家。

I hadn’t thought of that. Criminal law needs to limit the power of the state and protect everyone from harm.

4. Harsh punishment for minor offenses

如果干了一件很容易的事情就可以避免严重的惩罚，古人认为这是容易做到的，所以实施这种刑法

• 古人认为轻罪重罚，比如乱扔垃圾就剁手。那么就没人再敢这种事了

In ancient times, there would be such a punishment method, they believed that harsh punishment would scare people into never committing those actions again.

5. The consequences of such punishments are too severe

刑罚连带后果过重基本已经成为学界共识

It’s true. A boy experienced domestic violence from his father, and now that he’s grown up and looking for a job, his father’s criminal record is making it harder for him to find work.

6. Social impact theory

人们实施犯罪，很大程度上是受到周边环境的影响，法律要通过惩罚犯罪，创造一个良好的守法环境，而这种环境会进一步强化人们的守法意识（社会影响理论，Social impact theory）

The ancients said. Those who are around vermilion become red, and those who are around ink become black.

The story of Mencius’s mother moving three times illustrates the same principle

7. The majority is correct

从苏格拉底之死开始，人们就开始对“多数即正确”的观点提出了质疑

The idea that the minority should follow the majority isn’t always fair, since the truth is often found with the minority.

8. Living in the moment

我们没有能力假设因果关系，我们无法回到过去，也无法预测未来，只能把当下作为礼物（present），做好此时此刻的事情，每个人点滴的善意都会让世界更美好

Master Oogway teaching Kong Fu Panda: You are too concerned with what was and what will be. There’s a saying: Yesterday is history, tomorrow is a mystery, but, today is a gift. That is why we called it a gift.

9. It's well-known that we can't conclude things we don't know.

这其实是对英国哲学家休谟因果关系理论的借鉴，按照休谟的立场，任何已知都不能推测出未知。

This sentence makes me think of my wife. She often gets anxious about things that may never happen in the future.

10. A good person doesn’t always get good rewards

在恶劣和不义的人群中生活，要懂得认命。最坚固的良善必须建立在全然的漠视上面，并且认为这世上的一切都是虚幻无常的。

It’s tough to be a good person. Ultimately, It’s up to you to decide whether to ignore or tolerate external negativity around you. Who knows, maybe you’ll end up being a kind person.

11. Crackdown on the sellers, but let the buyers slide

《拐卖决定》是为了应对当时拐卖妇女、儿童犯罪突增的现象。因此，法律的重心是打击卖方，而对买方则网开一面。

Nowadays trafficking is still a serious social issue. People often say that the buyers should also be severely punished. However, the law does give the buyer some leeway, the reason is to increase the probability of recovery.

12. Freedom isn't absolute

自由不允许人以彻底放弃自由为代价

For example, giving up your life isn’t real freedom

13. Self-discipline is the true freedom

康德说，“自律才是真正的自由，假如我们像动物一样，听从欲望、逃避痛苦，我们并不是真的自由，因为我们成了欲望和冲动的奴隶。我们不是在选择，而是在服从。唯有自律，自律使我们与众不同，自律让我们拥有真正的自由。”

Maybe true freedom comes from gaining control over our desires and impulsiveness and being the master of ourselves.

Conclusion

This book gives us a basic understanding of the law through real-life cases. I think the key lies in the paradox itself, the author uses paradoxes to encourage us to think rationally and remind us that everything has two sides. Recognize your limitations and stay humble.