Look Beyond the Letter of the Law |
Learn more about this philosophy here..... This video is from the "Empty Pages of a Dead Book" episode, from the 1970's TV series "Kung Fu". Here we see Master Kan (Philip Ahn) questioning Young Caine (Radames Pera) and Yet-Sen (Raymond Chao) over the fruit taken during a period of fasting. Earlier Master Kan had told the young students that they must not pick the ripe plums in the garden, since to do this would be breaking the law. Young Caine later witnesses Yet-Sen picking the plums, but is left unsure whether he should report the matter to Master Kan. Later Caine finds out that Yet-Sen was feeding the plums to an injured dove. On hearing what had transpired Master Kan realises that he had done the two students a great disservice. His law has led Caine to unfairly doubt his friend's integrity and had forced Yet-Sen to conceal a good deed. Although Master Kan had made his law with every good intention, the virtue that had been intended had been lost. Therefore the master honours the two students for reminding him of the error of attending only to the letter of the law and not its purpose. The ancient Taoists did not trust words and often warned of the dangers that resulted from rigidness. The sages advised the Chinese nobility against putting the laws into print, citing this would only cause confusion. You may find these ideas strange, but think of how often the laws are poorly applied. We have all heard of the occasions where victims are treated like criminals; and the criminals able to escaped justice on a small technicality. These are both examples of where the initial intent of law has been lost. Of course our law makers are endlessly trying to address these inequalities, but this is a never ending process of amendments that only serves to drown the original intent further in complex legal syntax. Since the dawn of time mankind has desired an infallible code that would bring about an utopian existence. Naturally this desire gave birth to the religious scriptures in which many of our modern laws are derived. Believing them to be the word of God gave these laws authority, making them beyond the questioning of mere mortals. Unfortunately the authors of the scriptures were mortals and they wrote the laws with only specific instances in mind, disregarding the countless variables of Nature. The result of this is we now live in a world where religious fanatics are using the scriptures to justify committing the very evils that these holy doctrines were intended to prevent. Nevertheless, even in our highly secular culture we still attempt to solve all our social problems by the creation of laws of ever increasing complexity. This is often in the misguided belief that these laws will protect us from the predatory behaviour of others. Yet sociopaths never see the law as a barrier. They usually believe themselves above the law and are confident they can escape prosecution using their charm and intelligence. Sociopaths are more likely to see rules and laws as something to oppress and manipulate the rest of us. The system of justice the ancient Taoists favoured is the flexibility and innate order of Nature. Called "Li" by the ancients, this is the pattern of intelligence that is beyond the description of words. We can see this indescribable pattern as the markings in jade, the fibre in muscle and the grain in wood. These organic configurations have a very sophisticated order that can't be described or aptly defined. "Li" is usually translated into English as "organic order". The Taoists believed justice should be dispensed on a case by case basis by people who possess Li. Together with compassion, moderation, humility; these people would have an innate sense of justice beyond what could be defined by our current legal system. Needless to say our modern judicial system is in some aspects an attempt to emulate "Li". But unfortunately we too often see our courts hamstrung by complex bureaucracy; restricted by inflexible and archaic laws; and their decisions too often criticised by a public who haven't been privy to all the evidence presented. |
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