To Four Thousand Years Later
Vol 4 Chapter 161: Abolitionists
Abolitionists? Even Leonardo was stunned when he heard this.
You Frank are quite avant-garde, aren't you? It's only the fifteenth century, and it's possible to make such a noise, "Tell me, Arthur."
Leonardo nodded: "I'm very interested in this.
"This matter has actually been brewing for a long time. Arthur sorted out his thoughts and said: "Although we defeated the king and achieved national independence, there have been many differences regarding the new laws of the Frankish Republic.
"Some legal authorities in the Kingdom period said, "Many ancient traditions in Frank are the embodiment of the country's history and rationality, so the laws of the Parliament cannot violate traditions', and even "they gave such reasons: Tradition is a living flexible, humane, and written law with neither humor nor benevolence."
When Arthur said this, he paused and asked Leonardo, "Your Majesty, what do you think?"
"It's just that people in the legal profession are trying to increase their power. Leonardo simply replied. Compared with statutory law, this kind of common law born from tradition, precedents and customs has the advantage of being flexible enough, and the disadvantage is that it is too inclined to Empiricism, while power escapes to places.
The Frankish Republic enforced the common law, as Leonardo had foreseen. Originally, when the control of the Frankish king began to decline, the local lords of the Frankish kingdom began to have their external manifestations, that is, in the execution of similar cases, the local law took precedence over the kingdom law—for example, the Frankish king’s punishment for theft was hard labor. Two years later, the local statute promulgated by the lord of a certain place stipulated that the punishment for theft was to cut off the ears or chop off the hands. Then the local thieves naturally have to implement the local laws, even the nobles of the royal family, it is impossible to do everything according to the king's orders. That would not only make the king gain an inch, but also make other lords and nobles look down on them, and thus lose their dignity. Unlike the Teutonic Kingdom, the Frankish Kingdom did not impose excessive restrictions on internal refugees. This means that if people are not satisfied with the laws of a certain place, they will flee to other places and the territory of other lords. And these people will pay taxes to the lord.
So this is equivalent to sending out a piggy who can make money. It is naturally a loss for the lord. But if the law is too loose. Honest citizens will be uneasy again, and the degree of chaos will increase accordingly. Therefore, during the 30 years when the power of the Frankish king was in shambles, the lords in various places basically reached a certain degree of consensus.
And this consensus. That is what Arthur called "tradition". Arthur also nodded: "They hope to build such a system: the people, not the parliament, decides the progress of the case. That is to let some local elders, authoritative legal personnel, and domestic and international celebrities, use what they know" Tradition' to decide the case. rather than in accordance with the written code.
"To be honest, I quite support this kind of change. Because of this, it is convenient for those of us who do business. We can not make money in the rules and regulations, and we can act more flexibly, and the cost of trade disputes will be lower. Arthur shrugged: "The west and south sides of our Frankland are seas, while the north and east sides are Teutonic. If you want to expand outward, you can only start from the sea. You can't beat a group of Teutonic people by the way, right?
"So, our Frankish mother still has to rely on the parliament supported by our group of wanderers who are doing business abroad? It doesn't count if they say it. The money still depends on us businessmen. In addition to providing some extremely limited political support, they can also do what?"
At this point, Arthur smiled slightly: "It's better to say that because no one can make a decision, it's better for us to rely on our own abilities.
"Then, what's the situation with those abolitionists?"
Leonardo asked.
"Doctrine? Arthur couldn't help but sneered: "I think that although they talk about ism, they hide business in their hearts.
"When we were discussing whether to establish a new legal code belonging to the Frankish Republic, they suddenly came out. What are they talking about? Since the promotion of traditional law is to promote a kind of "humane" and "benevolent" law, why? Wouldn't the law be more merciful? "
Speaking of this, the corner of Arthur's mouth rose ironically: "What are they saying, the people are bloodthirsty and blind, and their concept of revenge should be downplayed; what are they saying, criminals should also have human rights, they also have parents, wives and children , why can't they let them live? Even if they are imprisoned forever or exiled, it is better than killing a life directly—not to mention that they are of the same kind, and the executioner is also a human being, which is also unfair to the executioner." Human rights, do victims have no human rights?
Or, just forget what happened, and just make up for it?
Arthur shook his head, looked at Leonardo, and shrugged helplessly: "But some people like to eat this kind of thing. Those especially like to promote this political opinion in noble schools, mainly for those who are well-off, family Good young people "For example, my son is one of them today. Or rather, the children of many of us have more or less accepted a similar view. But in this case. We couldn't get some help from the legal profession but Leonardo got his point across.
A fact that goes against common sense is that the more severely punished a country, city or individual territory is, the lesser the legal status will be. Because simple, crude, and primitive judgments are always much easier than direct codes or cited cases, and weighing the severity of punishment. If the death penalty is abolished on the grounds of interfering with human rights, then this means that it cannot be replaced by similar or higher punishments, because this also interferes with human rights. In other words, this means a reduction in punishment.
Generally speaking, with the development of civilization, penalties are always gradually reduced. But it doesn't happen overnight. To put it crudely, people with larger **** have larger cups; but you have changed to a larger cup. It doesn't make the **** bigger. If the **** want to get bigger, they have to target themselves. Just changing the cup is a fart.
But if the cup is big, the person who makes the cup always likes it. Especially since the cup itself is bigger than the breasts, manual operation is required to fill in the gap in the middle. If an individual acts according to the rules, he can get more room for manipulation, which means that his power in this field has actually been improved. So in their position, they will not resist this trend of thought. Because this will not bring them any benefits, and they will also be criticized by their peers.
So face this trend of thought. Whether it supports statutory or customary law. None of them can get support from people in the industry for actions against this trend of thought. The other party can attack any party at will and integrate into the position of the opposite party. This brought the great debate on legal issues in the Frankish Republic to an impasse.
"I probably understand the problem you are facing." Leonardo sighed.
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