Quotes from Professor Luo Xiang of Station B (1)

1. The law can never go beyond the limitations of social common sense. Never bring the arrogance of a legal person. In my opinion, this kind of arrogance In fact, it is just a manifestation of ignorance.

2. If a behavior is permitted by social life, then it should not be a crime.

3. Legal interests serve as the basis for criminalization, while ethics serve as the basis for criminalization.

4. In modern society, criminal law has two functions, one is the protection function and the other is the protection function. Criminal law is no longer like a knife handle. The knife handle has only one blade and only cuts the criminal. Now it is a double-edged sword, one cutting at criminals and the other cutting at the judiciary. Crime is terrible, but what is more terrible than crime is unfettered penal power. Power leads to corruption, and absolute power leads to absolute corruption.

5. Radbruch said: "Since the existence of criminal law and the state retaliating on behalf of the victim, the state has to bear double responsibilities. Criminal law must not only face the criminal to protect the state, but also The state protects criminals, not only against criminals, but also against prosecutors, and becomes a Magna Carta for citizens to oppose judicial arbitrariness and errors. ”

6. A crime only pollutes the water flow. And an unfair justice pollutes the water source.

7. There are exceptions to everything. Exceptions are not the negation of principles, but the enrichment of principles.

8. People are ends and cannot be purely means, so we prohibit cruel and inhuman punishment.

9. Maine: "Any law has lagged behind as soon as it is enacted."

10. US Justice Hobbes: "The life of law is experience rather than logic." Because Logical inference may lead to very absurd conclusions. When you reach the conclusion of the first logical proposition, you feel that it is impeccable, but maybe there is a small flaw in the first proposition that you did not see, so you come to the conclusion of the second proposition. You don’t see the flaws in the two propositions, and there are more and more flaws in the derivation, but you think they are rational, so we need to carry out logic training, but we must go beyond logic.

11. No interpretation method is perfect, it must have exceptions, so the life of the law is experience, not logic.

12. There is a syntax proverb: The law is stuck to the bones. Because you are Chinese, we can take care of you no matter where you go.

13. It is not a crime if the law does not expressly stipulate it, and there is no punishment if the law does not expressly stipulate it. No matter how bad a behavior is, if there is no provision in the criminal law, it is not a crime.

14. Why does the law stipulate that sexual relations with girls under 14 years old must be punished as a crime? Some people say that this restricts the freedom of young girls, of course. This is actually a typical legal paternalism, because the law must protect minors like parents. Because you don’t know what freedom means to you, so we have to restrict you, which is reasonable.

15. Have you been controlled by your parents since you were a child? Do you think it is reasonable for your parents to control you? If your parents don't control you, will you have the opportunity to sit for the judicial examination today? All human endeavors rely on discipline and training. All talented people must also need hard training.

16. If freedom is not restricted, it will definitely lead to the exploitation of the weak by the strong!

17. Because there is no buying, there is no selling. It is because the penalties in the buyer's market are too light that there are so many sellers' markets.

18. Isaiah Berlin has a very vivid metaphor. He said that there are two kinds of human thinkers, one is the hedgehog, either this or that, black or white; The fox, while adhering to his own point of view, also recognizes the relative legitimacy of the opposing view. One is monism and the other is dualism. I think dualism is at least what I appreciate, because the thinkers who have brought countless catastrophes to mankind in human history are all hedgehog-style, either/or.

(It is not easy to sort out the code words. I hope you can give me a thumbs up and encourage me. If you want to see the next issue, you can also pay attention. Next time, in addition to quotations, I will also sort out the books recommended by Teacher Luo)

In addition: Teacher Luo has so many golden quotes. Do you want to read the golden quotes directly or attach examples? One is concise and the other is lengthy but does not appear to be taken out of context. It is difficult to choose. I hope someone can comment.

Finally, I hope everyone knows the law and becomes the light of the rule of law! ! !