Chapter 246 Beiyuans final statement
Gu Meimen's final statement just now seemed to have overwhelming momentum, and it had convinced everyone. After the end, the entire court seemed to still be immersed in Gu Meimen's speech. At this moment, the citizens in the auditorium even felt that the plaintiff
It is impossible for Fang to put forward a more powerful argument than this. The barrister's argument is really charming and has the effect of manipulating people's hearts.
"Please make the plaintiff's final statement." Judge Eda looked at the plaintiff's seat and said.
This lawsuit has finally reached its final stage.
Finally came to the last stage.
Imanishi, who was sitting in the gallery, watched Gu Meimen's speech just now and suddenly realized that the real key point of this lawsuit is not a battle of legal techniques. What can really determine the outcome of the lawsuit is the battle of ideas behind it.
However, the idea just discussed by Gu Meimen - that is, the exercise of private rights must take into account the overall interests and costs of society in order to be civilized. This idea is almost impeccable. Can that kid win this battle of ideas?
?!
Over at the plaintiff's table, Kitahara straightened his suit and stood up, as if he was not affected by Gu Meimen just now. He walked gracefully in the court, and his chic and elegant manners were not inferior to Gu Meimen's.
Half a minute later, Beiyuan's voice was heard:
"Chief Judge, the issue in this case is whether we want to prevent my client from exercising his private rights that are clearly granted by the law."
"The defendant's attorney has talked a lot just now. But no matter what, it can never change an ironclad fact. That is, the pillars of the General Hotel were built on the land of my plaintiff, Gao Jing. According to the clear provisions of the law, Gao Jing has
The right to claim back the occupied land.”
"Can we deny my client, Gao Jing, from exercising the rights granted by law just because the buildings built on the occupied land are load-bearing columns?"
"This case is a test of whether we truly trust the rule of law and whether we truly trust civilization."
Beihara walked in the courtroom and looked at the citizens in the gallery, "Just now, the defendant's attorney said that the so-called civilization lies in the restraint of the pursuit of self-interest and the taming of human nature to pursue profit."
The corners of the young male lawyer's mouth were slightly raised, as if he was talking about something ridiculous.
"If this is correct, then the most civilized people in the world will be ascetics. Because they practice asceticism, all worldly desires are suppressed. And the most civilized society in the world will be a slave society, because in such a
In society, most people serve their masters wholeheartedly as slaves, leaving only necessary rations for themselves. It can be said that most people truly only pay for others and suppress their own profit-seeking nature."
"However, these are clearly not civilizations."
"The true meaning of civilization is to fight against ignorance!" Beiyuan's words echoed in the courtroom, suddenly tearing a hole in the argument that Gu Meimen had carefully woven just now. It was different from Gu Meimen's eloquent style.
Kitahara's style is direct, crisp and neat. He is like a tailor, dancing with the scissors and cutting out a piece of beautiful and exquisite colored cloth between the opening and closing of the blade.
Civilization does not lie in suppressing the pursuit of profit, but in fighting ignorance. As this argument was thrown out, the citizens in the auditorium suddenly seemed to have gained some new knowledge, their eyes widened a little, and they couldn't help but
They all leaned forward and listened to the lawyer in front of them.
"The first step in fighting ignorance is to admit our ignorance."
"It lies in acknowledging that each of us has an insurmountable weak nature, and acknowledging how dirty, shameless, despicable and selfish the heart of each of us is. Recognizing the ugliness of human beings is the first step to civilization. Precisely because
Each of us is so short-sighted and selfish, which leads to a most important social criterion - that is, no one can be superior to others - that is, everyone is equal."
"No one is a saint. Getting rid of man-made idol worship is the beginning of moving from an ignorant barbarian tribe to a civilized society."
"Yes, yes. Coordinating the balance between personal pursuit of private interests and public interests. What a nice slogan." Kitahara sneered, "The underlying meaning behind this slogan is to draw a line among us humans.
On one side of the line are all living beings, while on the other side are the so-called 'elites' with high intelligence and selfless feelings. The solution of social problems can only rely on the guidance and planning of the latter."
"Please, let us look at ourselves in the mirror. Is there anyone in the world who has such wisdom and can find the balance between pursuing private interests and public interests?"
"The ugliness, selfishness, and short-sightedness of human beings have deduced that no one can be superior to others - that is, the principle that everyone is equal. When we realize that human will is weak and naturally unreliable, then the operation of society will
It is inevitable that we cannot rely on the arbitrary will of some people, but can only rely on the formulation of rules in advance.”
"So, the second step of civilization is to respect the rules."
"As long as the process of formulating the rules itself is not arbitrary or arbitrary and is generated through full consultation, then such rules will have binding force on the entire society. We must act in accordance with the rules. Even if we act in accordance with such rules,
Even if some absurd consequences occur, we must abide by them. The rules make the operation of society fully predictable. Everyone adjusts their behavior based on their understanding of the rules."
"If there is something wrong with the rules themselves, then we will correct them afterwards instead of temporarily breaking the rules. If the rules can be broken, then they will become ineffective. And once the rules become ineffective, then the operation of social affairs will definitely depend on it.
The whims and caprices of human will.”
This chapter is not finished yet, please click on the next page to continue reading the exciting content! "This is the situation we are facing in this case."
"Yes, the load-bearing pillars of the skyscraper occupy the land of Gaojing. Once they are demolished, the entire skyscraper will be demolished. When the Civil Code was first formulated, people could not imagine the existence of such super high-rise buildings.
.It is even more unimaginable that as long as one pillar is removed, a high-rise building that consumes a lot of manpower and material resources will also be demolished."
"But the rules in black and white are right in front of us."
"The moment has come that truly tests our faith in rules, civilization, and the rule of law."
Kitahara's voice is firm and powerful, and his style is bright and concise. The listener is unknowingly immersed in his argument. He only hears the young male lawyer continue:
"Can we deny the rights granted to the parties by the law just because the exercise of rights in this case will lead to seemingly unpredictable consequences?"
"If we refuse to act in accordance with the rules, the result will be that not only will it fail to help us prevent unforeseen consequences, but it will further encourage the unpredictability of people's behavior."
"The so-called civilization lies in respecting the rules beforehand."
The next second, Beiyuan suddenly raised his voice, and the conclusion he had just arrived at through step-by-step reasoning was like a loaded bullet, firing instantly and shooting out:
"It is unacceptable to call the exercise of legitimate rights conferred by the law blackmail! It is unacceptable to build the load-bearing pillars of a building on someone else's land in an attempt to create an irreversible situation and thus occupy someone else's land openly.
This kind of behavior is the real blackmail!"
"Tolerating this kind of behavior without punishing it is tantamount to encouraging everyone in the future to build the load-bearing columns of buildings on other people's land!"
"Tolerating this kind of behavior is tantamount to encouraging everyone to commit infringements regardless of their own safety and cost!"
"Tolerating this kind of behavior is tantamount to telling everyone that as long as the loss of interests of the infringed person is less than the cost of eliminating the obstruction, then everyone can rob others openly."
"This is downright gangster logic!"
"Packaging the desire to plunder other people's land in the guise of public interest is an excuse for plunder and plunder, and it is a situation that a civilized society will never tolerate!"
“To sum up, the plaintiff’s attorney requests the court to grant Takai’s claim to eliminate nuisance!”
Chapter completed!