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在西方人眼中,法律(审判)是一门需要长期学习和实践的艺术。有这么一则英国17世纪的故事,流传甚广。国王詹姆斯一世在宫中闲坐无聊,一时兴起,想去皇家法院亲审几件案子。不料,著名大法官柯克一番不卑不亢的回答,让国王的愿望碰上软钉子,也成就了法律史上的不朽名言:“上帝的确赋予陛下极其丰富的知识和无与伦比的天赋;但是,陛下对于英格兰王国的法律并不精通。法官要处理的案件动辄涉及臣民的生命、继承、动产或不动产,只有自然理性是不可能处理好的,更需要人工理性。法律(审判)乃一门艺术,一个人只有经过长期的学习和实践,才能获得对它的认知。”
In the eyes of Westerners, law (trial) is an art that requires long-term learning and practice. There is such a story of Britain in the 17th century, which is very popular. King James I sat bored in the palace, a sudden rise, want to go to the Royal Court to review a few cases. Unexpectedly, the courageous replies of the famous Justice Kirk made the wish of the king run into soft nails and made the immortal remark in the history of law: “God indeed gives His Majesty an extremely rich knowledge and unparalleled talent; however, His Majesty’s attitude towards England The law of the kingdom is not well-versed in. The cases to be dealt with by the judges are often involved in the life, inheritance, movable or immovable property of the subjects, and only natural reason can not handle well, but artificial reason is more necessary. Only after long-term study and practice can you gain a sense of it. ”