"A wise man is one who knows his own ignorance" - Paradoxes in Law

Socrates once famously said:

“I know that I know nothing.”

This may seem like a paradox, yet it is precisely this paradox that rendered him wise.

We live in a world brimming with contradictions. In fact, the progress of human wisdom depends on our reflections about these paradoxes. Even in the realm of law—which touches our daily lives—numerous paradoxes abound. Each thoughtful exploration not only broadens our intellectual horizons but may even alter the course of our lives.

Is Crime Equivalent to Evil?

Let’s begin with a case from the book: A college student, struggling with depression, was arrested for purchasing psychiatric medication from overseas and later charged with drug smuggling. Although she ultimately received probation, the label of “criminal” irrevocably changed the trajectory of her life.

Later, the girl asked Teacher Luo Xiang a question that left him silent for a long while:

“Isn’t criminal law supposed to represent the minimum moral standard? So, have I done something morally wrong? Is my behavior evil?”

Consider this question: Is crime inherently evil simply because the law defines it as such, or is it that the act itself is evil, and therefore becomes a crime?

Why should we ponder this?

Imagine if crime were not intrinsically linked to evil, but only deemed evil because legislators label it so. In that case, crime would not be something discovered but rather something invented. Even absent any moral transgression, lawmakers could arbitrarily brand any behavior as criminal.

In the first chapter, Teacher Luo Xiang, while analyzing the ancient debate between Confucianism and Legalism, remarked:

“The Legalists saw only the inherent wickedness of the masses, neglecting the fact that law enforcers are mere mortals with their own shadows.”

This is why the law must, on one hand, maintain social order and, on the other, restrain the very forces that enforce it.

It is through such reflective debate that law and morality intertwine and work in concert. If we focused solely on law, the world might become unbearably cold; if only on morality, our world could descend into chaos due to conflicting personal values.

On this matter, Teacher Luo Xiang candidly stated:

“In the judiciary, compassionate morality is needed to soften the rigidity of cold, inflexible statutes.”

It is precisely through these continual deliberations that the law is repeatedly refined and improved, allowing us to truly feel its warmth.

On June 26, 2023, the Supreme People’s Court finally ruled that carrying or mailing psychiatric drugs across borders—in personal, reasonable quantities for medical treatment—does not constitute a crime.

The law is never perfect, as Teacher Luo Xiang observed:

“Countless individual cases have propelled the advancement of the rule of law, yet each person driving that momentum must bear the full weight of its pain.”

What Did Luo Xiang Say?

This book, a popular work exploring legal thought, not only cites a wealth of cases from around the world and throughout history—including many hilariously familiar “Zhang San moments”—but what resonates most is Teacher Luo Xiang’s consistent philosophical insight and compassion.

• To those who feel life is meaningless and slip into nihilism, he said:

  “Life cannot be without meaning; when you believe it has none, there is always a corresponding meaning.”

• Confronted with humanity’s powerlessness in the face of fate, he remarked:

  “There are very few things in life we can truly decide—perhaps only 5%—yet that 5% might just be enough to leverage 95%, much like Archimedes moved the Earth with his fulcrum.”

• On the impact of a deceased person’s rights on their family, he observed:

  “The family of the departed can never completely detach from the narrative of their loved one’s life; even when that book is closed, the living will occasionally revisit its pages.”

• Regarding respect for individual freedom, he noted:

  “A rational adult has the right to choose a life that others might deem unproductive; he may forgo all benefits—even if most consider it unreasonable—and we should not hastily label his choice as irrational.”

• On the significance of ideals, he explained:

  “Although every ideal must compromise with reality, without a lofty ideal to strive for, settling for mediocrity becomes our only option.”

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The book contains many more reflections on the paradoxes within the law:

• For instance, if a person is indifferent to their reputation, can their right to reputation still be infringed upon?
• Is criminal behavior self-determined, or is it imposed by external forces?
• Why must freedom be restricted in order to secure it?

And 14 other paradoxical phenomena in law.

The endless debates over high-profile cases and the widespread indignation toward certain judgments all stem from these legal paradoxes.

Teacher Luo Xiang stated:

“Regarding these paradoxes, I cannot provide definitive answers; I can only present the process of contemplation.”

It is my hope that through engaging with these legal paradoxes and the reflective process they inspire, everyone can cultivate a more diverse mode of thinking—acknowledging the limits of reason and moving beyond dogmatic thought.

Just as Teacher Luo Xiang inscribed on the title page of the book:

“A wise man is one who knows his own ignorance.”

Finally, here is a passage from the book to conclude today’s reading:

All paradoxes remind us not to fall prey to the arrogance of reason, and not to dismiss the good in pursuit of the best; sometimes, merely avoiding the worst is, in fact, the better choice.

— Paradoxes in Law

Paradoxes in Law

• Author: Luo Xiang
• Publication Year: 2023.11
• Category: Society and Culture

— From @不略