Application examples of instrumentalism

What is legal instrumentalism? Legal instrumentalism has two basic characteristics: The first characteristic is that in the view of legal instrumentalists, law is a tool for the state and government to manage society. This concept is not without its problems.

In a reasonable legal concept, it should be reversed. The government is the tool of the law. In a society governed by the rule of law, why do we need the government? It's because we want to set up a government where officials enforce the law and protect the law. Therefore, between law and government, government is the tool and law is the supreme ruler.

Of course, having said that, it is right to say that law is a tool in a certain sense. That is, we must first recognize that the government is a tool of the law. The government and the people must stand under the law and accept the jurisdiction of the law equally. Under this premise, in order to manage society, the government must use the law and use the law as a tool to manage society. Therefore, there are conditions for saying that law is a tool of the government. The condition is to first recognize that the government is the tool of the law. In a secondary sense, it can be said that law is also a tool of government in a certain sense. At the same time, we have more reason to say that the law is also a tool for every citizen. We use the law to protect our legitimate interests, exclude the infringement of others, use the law to guide and supervise the government, and allow the government to better perform its statutory duties.

In the past, we threw away the premise and only emphasized that the law is a tool of the government. Because of this concept, a tradition has been formed - the older an official is, the less he is subject to the law, and after breaking the law, society has nothing to do with him.

The second concept of legal instrumentalism is to emphasize that law is just a tool, and law is nothing but a tool. This is dangerous. In a sense, the law is a tool. What kind of tool is it? It is a tool used by society to protect the legitimate rights of everyone. But the problem is that law is not just a tool, law is also a manifestation of justice, and justice is our ideal.

Therefore, in the concept of legalism, the law cannot be betrayed. In the past, due to the popularity of the concept of legal instrumentalism, quite a few people adopted an opportunistic attitude towards the law. If the law is good for me, I will obey it; if the law is not good for me, I will bypass it or even trample on it. In a sound legal concept, the law is not just a tool. The law represents our values, an ideal social state of life, and basic moral and ethical principles. It does not allow abandonment or betrayal. It is not allowed. Trampled, enforced laws are not allowed to bargain. There is only one word for Salinger: pretentious. There are many reasons, including the fact that he lived in seclusion in the mountains and forests, and after writing his famous work "The Catcher in the Rye", he disappeared without a trace, leaving a large group of people following him to search for him; including the fact that he carried a lunch box every morning from his residence. He trekked to another hut with only tables, chairs and benches to write. Anyway, the more than 90 acres of private forest land was enough for him to squander.

As a writer, Salinger’s quirk was nothing. It is said that Milton had to lie in bed to compose; without three-inch wide and five-inch long cards, Nabokov could not write; Keats must wear the best clothes when writing poems; only rotten apples Breath can inspire Pope; Thackeray must be away from home before he can write anything...

For them, writing is a ritual and must have an established procedure or paradigm. , once missing, writing cannot proceed. As a result, what is written becomes less important. The key is to carry out the act of "writing" according to certain standards. "Writing" is just a tool for meticulously completing a unique set of process drills.

If you want to be a writer, you must be familiar with their life paradigm, and "writing" in various ways is one of them. It is easy for us to reduce a certain kind of life to various behavioral norms and then deconstruct the norms one by one. Old-school British gentlemen wore tartan coats and top hats; milk and butter were indispensable for breakfast at landlords' homes; May Fourth youths wore long gowns and scarves; carrying a pen in their breast pockets meant they were intellectuals in the past.

The yearning for a certain kind of life makes us follow a series of behavioral paradigms, and the paradigms are directly instrumentalized. For example, those so-called mountaineering enthusiasts are obsessed with all kinds of professional equipment, from hiking boots, windproof tents, thermal sleeping bags that are used at more than minus 40 degrees Celsius, to professional backpacks that are almost taller than people, and wireless walkie-talkies. One is not their collection. They turned their hope for mountain climbing into their love for equipment. In the process of finding, purchasing, and configuring equipment, they felt the life they longed for.

Similarly, whether it is a Nikon D3X SLR camera, a Yonex Bow 10, or an Apple tablet that has not yet been launched, as far as amateur players are concerned, its functions will not be better than those of stupid Kodak, Double Happiness and Shenzhou netbooks. However, the meaning is completely different. Enthusiasts rely on their professional pursuit of tools to create a flawless aesthetic image. Photography, playing ball or surfing the Internet, these fundamental purposes are not important in the eyes of instrumentalists.

The same is true for love.

We have seen too many promotions of luxury goods, almost all of which are related to love. On the main road of the Third Ring Road in Beijing, a large advertisement for VOLVO was once erected, with only one sentence: Do you love me? It will bring you countless imaginations about sweet love.

Although the recent TV commercials are said to be "only for escorts," beauties, luxury cars, helicopters, and successful people who need special protection all clearly outline the paradigm of a happy life. The quality of a relationship is just like the quality of a car.

Woodworking DIY enthusiasts will tell you eloquently about air drills, tri-point drills, step drills, circular saws, jigsaws, edge trimmers and engraving machines, and they have a complete set of them in their storage rooms. Professional equipment that has not yet been unpacked; instrumentalists of love will also talk endlessly: the wedding ring is Cartier instead of Chow Tai Fook; the diamond is 2 carats instead of 70 cents; the wedding car is a Bentley Continental Flying Spur instead of a Mercedes-Benz S300...< /p>

Big mistake?

In fact, at the beginning and end of love, there are rules and paradigms, and it is difficult to get rid of the shadow of tools. From the very beginning of dating, our criteria for selection and judgment are not simply emotional factors. I do not deny love at first sight, but it is very rare. For most people, there is a frame of reference other than feelings - a candlelight dinner is obviously more romantic than street fast food. We also use various forms (tools) to express our feelings, remember various anniversaries, carefully prepare valuable gifts, and carefully plan unforgettable ceremonies, in the hope that the other party will perceive our deep affection.

In the end, we accomplish a lifelong event. Marriage itself is one of the paradigms of expressing love, or you could say it is a tool that provides security for love - love either dies or turns into marriage. Without the support of marriage, love has nowhere to go. Just like it is not enough to prove your love for mountain climbing without professional equipment, love needs to be concluded and sublimated with the help of marriage.

Of course, there are paradigms to follow for a perfect marriage. Marriage experts provide us with guidance and guidance, and provide us with practical strategies. Just like you don’t know that Herta Miller is not a literary youth, without ChanelCoCo is not a fashion, if you don’t go to a small theater and drama, you are not a petty bourgeoisie, and if you don’t have a 200 square meter house, you are not middle class. If you lack all the elements of a perfect marriage, you don’t understand If its operating code lacks a series of procedures, you will definitely not be happy.

What an interesting statement: "The skill of a painter is to be able to draw very straight lines and very round circles at will, but it does not happen overnight; with the help of rulers and compasses, we can do it too! The lawyer can say casually Writing detailed legal provisions does not happen overnight; with the help of computers, we can do it! Liu Xiang can be the fastest man on the planet, but success does not happen overnight; with the help of motorcycles, we can do it too!"

< p>In this cold season, according to the instrumentalist love paradigm, at this moment, I should be wearing a Speedo swimsuit, apply SPF5 or ??above sunscreen, and lie on the charming beach of Hawaii for vacation.