洞悉法门:理解法律的复杂性
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INTRODUCTION

A place for everything and everything in its place.

——Benjamin Franklin

The law is like an ocean,deep as it is wide.Parts of its waters are clear and calm;other parts are murky;still others are tumultuous.

Each of us,in his or her journey in life,encounters the law in personal and in professional or business capacities.As we do so,we may find the law to be unwieldy and incomprehensible.Sometimes,we feel the law is unfair.Law perplexes and exasperates us.

The objective of this book is to help the layperson,the professional and the novice law student better understand the law,complex as it is.The aim is to bridge the gulf between law and the comprehension of the law.For sure,the goal is an ambitious one.

Law is about what you can and cannot do,in relation to others.The law sets boundaries in a society,conferring rights and imposing obligations.It comprises diverse and detailed sets of principles and rules.

The reason for law? Law is needed to provide order,harmony and justice in society.

The layman expects the law to be clear,concise,coherent,comprehensive and fair.He also expects it to be effective and practical.

Much of the law does satisfy the above wish list.Regrettably,some of it falls short of the ideal.

The reality is that,quite often,the law on a particular subject is complex or controversial.Sometimes,the law is even wrong or unfair.

Why is this so,you may protest.There are three main reasons.

First,the world is a complicated place.Many scenarios the law has to address are complex,involving diverse interests,perspectives and challenges.If the scenario is complex,it should not surprise that the law is complex as well.

Secondly,fairness,like beauty,is in the eye of the beholder.In a dispute,each party has his or her own interest and perspective and it is rare to find a party who can be objective about what fairness in the dispute requires.It seems fair when you win a dispute,but not when you lose.Further,there is the interest of society to consider.It is hard for the law to appear fair from all these perspectives.

Finally,the law is only as good as the lawmaker.The lawmaker,whether legislator or judge,is a person — finite and imperfect.It may surprise the reader to know how often the lawmaker,in his reasoning process,falls prey to biases,fallacies and misconceptions.Hence,the resulting error or unfairness.

The key to making sense of law,especially complex,controversial or unfair law,is to understand what is involved in the crafting of law and how it is done.There is also a need to appreciate the limitations of lawmaking and recognise when and why law goes awry.

Whether we like them or not,and whether we are aware of them or not,myriad laws apply to and affect us.We have no choice but to seek to understand the law,to comply with it and to leverage upon it to protect ourselves,minimise our liabilities and optimise our rights.

This book aims to explain law in a clear,concise and interesting manner in five parts.

Part Ⅰ introduces the world of law,explains where law is found and gives an overview of the areas of law.

Part Ⅱ deals with the dynamics of crafting law,such as contextual objectives,policies,morality and notions of justice.

Part Ⅲ delves deeper into the exercise of crafting law and considers,with illustrations from case law,legislation and regulatory law,how a principle of law is assembled.

Part Ⅳ,a substantial portion of the book,grapples with complexities and controversies.Here,we deal with an array of circumstances and reasons for complications and intrigue in the law.

Part Ⅴ explains why there are errors in the law and why there is often unfairness.

The book ends with some concluding thoughts.

Law is necessary for an orderly society.Yet,it can be daunting and impenetrable.May this book help you to have a clear view of the law.