"The Struggle for Rights" is a short and concise book that can be read in just a few hours, but it takes a million times more experience to truly fight for rights, and even Only then can we truly understand its meaning.
The book *** has six chapters: the origin of law, struggle is the life of law, fighting for rights is an obligation to oneself, advocating rights is an obligation to society, and fighting for the rights of national life The Importance of Modern Roman Law and the Struggle for Rights.
The book first uses two chapters to describe the relationship between law and struggle. The goal of law is peace, and the means to achieve peace is struggle. But looking at life, some people spend their whole lives on a peaceful track according to the Dharma. This is because all Dharmas are like the head of the two-faced god Janus, showing different sides to different subjects, and labor and enjoyment are regarded as the same. Separated, some die in pleasure and peace, while others must labor and struggle for them. History teaches us that peace and enjoyment can only be the product of continuous hard work. Therefore, even if some people can stay on the track of the law without ever fighting for rights and law in their lives, the prerequisite is that there are other people who have fought for rights and finally achieved peace and the existence of rights. situation, so that the stability of the Fa can be maintained. Individuals must fight against the law in order to protect their rights from illegal infringement, and the state must also fight against illegal infringement in order to maintain the order of the law. If everyone's morality enables them to operate according to their own rights, there will be peaceful coexistence for a period of time, but after a long time, they will have to face the dilemma of unequal rights under the premise of limited resources. Therefore, even if they follow the steps and do not take the initiative If you infringe on the rights of others, you will inevitably be passively involved in the conflict between others and yourself. If you don't fight, you will lose your original rights, break the initial distribution situation, and fall into the struggle again. Rights themselves are a dynamic situation, which confirms what is known as the most desperate law of entropy increase in physics. Entropy is a physical quantity that measures the degree of chaos of things. In an isolated system, things always develop in the direction of disorder. In this case, the entropy continues to increase. If no external force intervenes, when the entropy reaches the maximum value, severe chaos will occur and death will occur. In real life, if rights are not restricted and struggled by external forces, human desires will inevitably want more rights and more benefits, and society will be in chaos and move toward a situation of entropy. Laws and many other rules also restrain people's behavior and maintain order. However, if there is no external force, that is, struggle as the basis of this form, then the rules are just a piece of waste paper, and they still cannot stop the desperate law of entropy. Therefore, the life and continuation of law come from struggle, and struggle is the main theme of rights and law.
Although some people think that law and language are the same as natural results, such as Savigny and Pudav's point of view, reality has clearly proved that this point of view is wrong, especially in their view that the primitive era It is easier for law to form naturally because of people's good moral character, but we now know that the primitive era was barbaric and disorderly, and more struggles broke out, making the birth of law more difficult. The birth of the Dharma, like the birth of a human being, is accompanied by severe labor pains.
So theoretically it is clear that struggle is the core of the law, but in actual life, when faced with the infringement of rights, no matter what kind of rights holder, they must face whether they should fight or give up the struggle and give up their rights. decision. When making a decision, the loss of interests must be measured, and different scales of interests will lead to different results. Some people will compare the time and energy invested in the struggle process with the possible benefits to decide whether it is worth the effort and struggle, but sometimes the time, energy and money spent in the struggle process are much greater than the possible benefits. , people will still fight for their rights one after another. At this time, people are not simply obsessed with litigation, but because their purpose is not just the target, but their personality, self-esteem and feelings about the law. At this time, the author introduces a The key word that runs through the following article is "legal feelings". The psychological source of all rights is called the feeling of law. Precisely because legal feelings vary from person to person, people ultimately make different choices. Whether they choose to make peace the victim of struggle or make rights the object of peaceful struggle. Specifically, it depends on the concern for interests and legal feelings. effectiveness.
The author believes that advocating rights is an individual's obligation and an obligation to society. But legal feelings vary from person to person, so why is claiming rights a personal obligation rather than a choice? After all, even if you give up your rights, you will bear the ultimate consequences, so how can there be any obligation? How will it affect society? This comes down to the previous argument that struggle is the life and continuation of the law. Here the author gives an example. When 1,000 people have to fight, if one person runs away, it will not have a big impact, but if a hundred people abandon their armor and drag their troops, they will defend loyally. This increases the difficulty for the people in the position. Submitting to the law not only damages their own interests, but also allows the law to continue to expand, causing more innocent people to suffer the law and increasing the pressure on those who resist the law. In the end, it will The continuation of society and the country's laws and lives will cause indelible harm. Rights holders uphold the law through their own rights and maintain order through the law. Everyone has the obligation to protect the common interests externally. Since individual rights are denied, the law itself is denied, so protecting and advocating individual rights means In Protection and Advocacy Law.
Everyone's sound legal feelings are the most abundant source of national strength.
At this point, the author has come up with a slogan-like title of the article through careful argumentation - "Struggle for Rights".
After reading the whole book, the most controversial and closely related to society, what impressed me most was what reasons do people struggle with when fighting for rights?
Take recent events as an example. There are "discussions" on Zhihu and other networks about the closed management of BGI, and the previous notice that students can return to school from the 21st to the 23rd, but on the 20th Students who returned to school on the 21st were suddenly informed that they had to wait until early in the morning to enter the school. Some students began to resist and question fiercely. This method was also a struggle for rights, and they resorted to the staff to fight for their reasonable rights, thus forcing them to The problem is solved, but in fact, when encountering such a similar situation, people will find an interesting phenomenon, that is, some people will stand up and fight, while others will swallow their anger but go with the flow, unlike most "obedient" people. People accept it together, and even comfort themselves that "I am not the only one who is unlucky anyway." Others are willing to let others slaughter them and laugh at those who fight for rights as "showing off" and "shooting the first bird." I am also a person who swallows my anger. I am used to not letting others suffer when I suffer losses. On the one hand, I do not want to "stand out" and have a deep-rooted mentality of "shooting the first bird". After all, there are still some online articles on marketing accounts saying "talking about" The more you make the more mistakes you make, the more you say, the more you are wrong, the less you say, the less you make, and the less you say, the more you make mistakes." This is regarded as a guideline in the workplace and a motto. I am easily brainwashed when I am not strong-willed and have no opinions. On the other hand, I am easily brainwashed. Considering the time and energy, the loopholes in the system often mean that the students' opinions are not resolved at all. The leadership is ineffective and shirks the responsibility and kicks the ball. If you want to report the problem, you have to report it to each level and debate it. It makes people physically and mentally exhausted, and they eventually give up the fight and just go with the flow. Of course, there is also the most critical point of the weak emotional level. In life, it is obvious that people who study law and are proficient in the law pay more attention to fighting for rights and have a stronger awareness of rights protection. Farmers and some people who have little contact with the law often suffer from dumbness and do their duty honestly. You also have to suffer the consequences of being dumb. After all, you will often see those who resist under the management of corrupt governments die the most miserably, and become the talking points of others after dinner. The feudal idea of ??duty makes people accustomed to obedience. However, whether people fight for their rights will also consider the rights of those who commit unlawful infringements. Just imagine, if the same illegal behavior was caused by people who are the same as themselves, would it be easier for people to fight for their rights? However, illegal violations are caused by capital and the government, and some people who are obviously much more powerful or powerful than themselves. . It is easier for people to give up fighting for rights.
So in general, the most fundamental reason why people give up fighting for rights in life is the weakness of legal feelings. Specifically, it is manifested in the measurement and comparison of the power of the offender and the loss of their own time, energy and interests. Consider the following reasons for the deep-rooted feudal idea of ??duty.
Although fighting for rights is something that everyone knows and is constantly called for, it is not necessary to fight for rights at all times. Whether we should fight for rights is an obvious question, and there is no When discussing values, what we need to focus on is how to fight for rights and what kind of rights we should fight for. For me personally, I have been taught since I was a child that it is better to do less than to do more than to do less. Suffering a loss is a blessing. This kind of persuasion is nothing more than taking precautions to predict dangers and blocking the dangers that may develop further from the source. On the surface, it is a loss. You gain short-term rights, but you can prevent losing more rights and stop losses in time. Such a decision is understandable. After all, no struggle is smooth sailing. It requires time and energy and may not lead to good results. From a rational perspective, this choice is a wise choice to protect the future. For example, it is common that if you face a robbery gangster and insist on not giving him money, you will inevitably lose the more important right to life on top of the financial disaster. Therefore, everyone is taught to protect life as the first priority when facing emergencies. Lord, don’t risk your life for money. A more common example is when a woman is assaulted by a gangster, and her violent resistance will inevitably make the extremist emotionally violent. In the end, she will not only be assaulted, but even lose her life. Therefore, it is not necessary to fight for rights all the time. Many times we need to make a choice. As far as the previous example is concerned, temporarily giving up rights when facing gangsters does not mean not fighting for rights, but after ensuring safety. Choose to call the police or take legal action to fight, and adopt a more reasonable and rational way to fight for your rights. Similarly, when women face violations, they give up one right to fight for another, more precious right.
All in all, the struggle for rights is a lifelong undertaking for everyone, especially legal scholars. The road is long and difficult, but the goal is not far away, and there is no way to reach it. However, I hope you and I can move forward firmly on the road of fighting for rights.