Text丨Fat Boy Entertainment said
Editor丨Fat Boy Entertainment said
In today's society governed by the rule of law, the profession of lawyer has become a sweet spot.
Lawyers are not only highly educated, eloquent, and earn more! If you can have a lawyer friend, it will also add a lot of convenience, so lawyers are still quite respected at the moment.
In ancient times, there were lawyers, eloquent and learned, but they were always looked down upon!
The Lawyer's "Grandfather"
Although the profession of lawyer is very common nowadays, the threshold for being able to do this profession is relatively high, and it is often necessary to study hard in school. After that, I have to experience in society and improve myself in lawsuits again and again.
But we know very little about ancient lawyers.
remembers that Stephen Chow's movie "Jiupin Sesame Official" has such a person who specializes in helping people fight lawsuits. This person's name is Fang Tangjing, and in the play, he is clever and eloquent, and he stubbornly says that unreasonable is reasonable, and black is white.
almost caused an unjust, false and wrongful case, but everyone was relieved to see him beaten. So when did a profession like Fang Tangjing come into existence in China?
At the end of the Spring and Autumn Period, there was such a person, named Deng Xi, Dr. Zheng Guo, who was a collection of various names. This person summarized and combined the laws of the past dynasties in an all-round way, and finally wrote the law book "Bamboo Punishment".
Not only did he know the law himself, but he also had a deep understanding of the essence of debate, and he was particularly adept at logical reasoning.
Deng Xi also established a private school to teach others his understanding of the law and logical reasoning ability. Let the common people also know the law and understand the law, and he even advocated that the common people can also discuss politics.
The most important thing is that Deng Yi taught the people to defend the lawsuit with practical actions, and was willing to help the ordinary people "fight lawsuits", from the complaint to the debate.
He was thorough and reasonable, and he was paid for his success, and he did the same thing as a lawyer today.
But in the end, because of the deep excavation and exposure of the sins of the nobles, he was hurt by the slander of the nobles, and the ruler killed him. However, fortunately, the law book "Bamboo Punishment" written by him during his lifetime was adopted and continued to be used, and now everyone regards it as the "ancestral tip" of lawyers.
Development of Advocate
Influenced by Deng Yi's thoughts, the activities of the lawyers were not just as simple as helping the people fight lawsuits, they could easily lead the people to participate in some political activities, so they were also regarded as the "thorn in the side" of the rulers.
Until Daqin, this profession faced great challenges and almost lost its space to survive.
For some time after that, the lawyer was in a difficult position. Even if the law was further improved after the Han Dynasty, it could only squeeze a little gap for them.
It was not until the Tang Dynasty that the lawyer was able to take a breather, and his participation in the lawsuit was greatly improved.
They are no longer just beating side drums and praying for blessings, as they used to be. Instead, they can use their knowledge of the law to serve those who don't understand the law but need to go to court.
You can also use your clever tongue to fight for the victory of the "principal".
During the Song Dynasty, their service can be described as more comprehensive, almost achieving a "one-stop" service. From drafting the pleadings to collecting evidence and investigating, and then to the final court defense, it is simply a single effort.
Even some major cases can be involved, which was difficult to see before.
During the Song Dynasty, there was also a special department that would manage the duties and powers of the lawyer, and also play a certain role in supervision, trying to avoid the situation of "opening the yamen to the south".
This was also the beginning of regulating and supervising the responsibilities and powers of lawyers, indicating that the profession began to be formalized.
With the importance of the profession of lawyer, there are more and more "oil and water", and the parties are often willing to invest more money in order to win the lawsuit, hoping to do more in the relationship.
But not everyone has the ability to maneuver in the middle, and the only person who undertakes the relationship between the upper and lower layers is the lawyer.
Many litigators are blinded by money and become a tool for bending the law for personal gain, taking advantage of loopholes to distort the facts. Favoritism for the sake of wealthy employers hindered the fairness of many lawsuits at the time.
This profession is not only incapable of upholding justice, but even reduced to a tool.
Therefore, after the Song Dynasty, the Yuan Dynasty immediately rectified this, and the "clean litigation" system directly challenged the survival of the litigators.
In some places, lawyers were even forbidden to move around, and the delicate lawyers were numb for a while.
But after all, there are still very few people among the common people who know how to defend and litigate, and most of them can't even read and hyphenate words, let alone write pleadings.
Moreover, the common people and peasant households have limited knowledge, clumsy mouths and clumsy cheeks, and their legs are trembling when they go to court and are directly frightened. Not to mention defending yourself, it's good to be able to speak without stuttering.
Therefore, the service of the lawyer is still indispensable, and in the Ming Dynasty, the lawyer ushered in vitality again.
It's just that their management has become stricter, and the work process and system have also been standardized.
They are divided into three different identities: "followers", "lawyers", and "righteous officials", and they have different division of responsibilities, and their work content is more specific and more convenient for management and supervision.
In the Qing Dynasty, the real spring of the lawyer was ushered in, and the profession was active in various places, and its functions and powers were greatly improved.
In the long course of history, the circumstances of the lawyers of different dynasties were also very different because of their different laws and policies. But they are still active for thousands of years, and lawyers are still active in their lives today.
Talented and rich but "looked down upon"
Whether it is an ancient lawyer or a modern lawyer, they need to have a certain level of education as support, and they must also have very professional legal knowledge.
In the feudal dynasty, there were more illiterate people, so literate people were generally respected by everyone.
But the strange thing is that the ancient "lawyers" were always looked down upon, even spurned. What is the reason for this?
Advocates have a greater or lesser grasp of the winds, and they tend to be between the parties and those in power.
has the right to speak in the hands of the two families, which makes them see the opportunity to make a fortune. They maneuver around to help the parties to move their relationships, draw oil and water from them, and fill their own pockets.
They will also buy certificates for the sake of winning lawsuits, creating a false impression, thus making the law unfair. The black becomes white, the white becomes black, and those who have reason and no money can only lose the lawsuit in the end, resulting in many unjust, false and wrongful cases.
It was originally a profession to uphold the justice of the law, but in the end it became a tool of the rich, and naturally it was spurned by the people.
As the saying goes, "a rat poop spoils a pot of soup", not to mention that there are a lot of rat droppings. Over time, this profession is naturally not treated well by the common people. Not only did the common people not like them, but even the managers didn't like them.
The fundamental reason is that managers don't like people to always go to court, because some ancient laws and regulations are not particularly perfect, and there are always certain blind spots.
In many cases, the judgment is based on the mood of the manager, or the judgment is based on the subjective will of the manager.
It is inevitable that the final result will be unsatisfactory, either light or heavy, and there will always be one party that will not be satisfied. And the evidence was limited back then, not as scientific and sophisticated as it is now.
It is difficult to collect evidence, so managers go to great lengths and thankless efforts when trying cases.
Therefore, they are very disgusted by the lawsuits of the common people, and they naturally don't like these lawsuits very much. Litigators will also add fuel to the fire to confuse the pace of the manager's trial, making the already troublesome case even more difficult.
In ancient times, most people made a living from farming, and lived a daily job facing the loess with their backs to the sky.
I go out early and return late every day, and I sweat every day, and I can only barely support my family when I am tired and tired.
However, these lawyers can rely on their ability to hide from the world and the sea, and rely on their incorruptible tongues to stir up right and wrong to make money, and they also earn much more than the farmers.
In the eyes of the peasants, they were just food and drink, no different from liars, and it was normal for these people to be looked down upon in the social context of the time.
In addition, some lawyers, relying on their own connections and power, do not look down on the villagers, and are arrogant and rude and domineering on weekdays, so naturally many people are not used to them.
But nothing can be killed with a stick, and there are bad things and good ones. If you distinguish between right and wrong, a lawyer who sincerely thinks about the common people will also be loved by everyone. Therefore, whether you are looked down upon depends entirely on whether your character has a clear conscience.