Tokyo Barrister: Start the law firm bankruptcy

Chapter 352
Another round of heavy shells landed on the plaintiff's box.This time, the famous law professor chose to attack from the perspective of the author's intention.Utsunomiya looked at Kitahara in front of him, and the smile on his face couldn't help but bloom even brighter.The excitement of ravaging the opponent is too strong.

How arrogant you were once, how ugly you are now.

Utsunomiya was complacently intoxicated by this feeling of winning, and was about to return to his seat, when he turned his head to look, his brows twitched involuntarily.

That young man named Bei Yuan was still standing in front of the plaintiff's seat.

The figures above the court are still standing there tenaciously.

Even after experiencing round after round of crushing attacks from great legal authorities, he still stood there.

Like a quaint big tree being constantly blown by a strong wind.Even in the face of violent wind and rain, the tree trunk is still there.As long as spring comes again, all the flowers will bloom again on the branches.

As long as there is still tinder.

As long as there is a spark.

As long as there is still a tiny bit of air seeping in, it can start a prairie fire again.

Intellectual property law experts in the auditorium, as well as university management, looked at the figure in the court, and they had already stayed where they were.They didn't understand why the young man in front of him still stood in front of the plaintiff's seat and why he didn't give up.

This is already a hopeless battle.Doesn't he know it?
Why not surrender? !

Why do you continue to carry on like this? !

What kind of belief or motivation is still supporting the plaintiff's lawyer to continue to stand? !
Bei Yuan only thought for a while, and then smiled again, like a child playing a prank.He could only hear him continue to speak:

"Chief referee. The statement about the author's intention by the defendant's attorney just now seems to be very convincing, but in fact, it cannot withstand careful scrutiny."

The light words came out, causing everyone, especially the eyes of the referees to fall on him.

For some reason, Miyagawa suddenly wanted to laugh when he heard this sentence.Yes, among the people I know, I am afraid that only Bei Yuan in front of me can say the words of a great authority on Oriental law in such a childlike manner in public, which cannot withstand careful scrutiny.

Bei Yuan walked around the courtroom, smiling, and said, "Please think carefully about it. Just now what is the so-called 'original meaning of ancient books' by the defendant's attorney? The so-called original meaning of ancient books refers to the original text of ancient books that have not been sorted out." , or is it the original intention of the author hidden behind the words?"

"In fact, the original meaning of the so-called ancient books is not an objective existence at all. The reason is very simple, because we simply lack the means to verify the original meaning of the so-called ancient books."

"We can't go back to the history that has happened in the past. We can't go into the heart of Guan Gu, the envoy of Tang Dynasty, more than 1000 years ago, to know what he really thinks in his heart."

"Zi is not a fish, and I know the happiness of fish. I am not a fish, so how can I know whether a fish is happy or not?"

"That is to say, a very simple and direct fact is that we have no means of knowing what the original intention of the author is."

"If this is the case, how can we be sure that the so-called 'original meaning of ancient books' we restore is the 'original meaning of ancient books'. How can we restore something that we will never know?"

The young man in front of him murmured a rhetorical question.

One sentence after another from his mouth seems to have a magical power, which can smash the "common sense" that people are familiar with.

"So, just now, the defendant's agent simplified the collation of ancient books into the so-called restoration of the original meaning of ancient books. It seems that the collationist is sitting in front of the table. On one side is a so-called mold with the words 'original meaning of ancient books', and on the other On one side are ancient books. The proofreader only needs to restore them mechanically according to this mold.”

"But now we have understood that the original meaning of ancient books is something we can't know at all. We have no way of having this 'mold' to compare the sorted ancient books to determine whether the ancient books after sorting are really restored to the original meaning."

"Since that's the case, what could be the original meaning of the so-called ancient books?" Bei Yuan asked again.

"The original meaning of the so-called ancient books can only be a rational assumption. In other words, we have made inferences and assumptions based on the existing knowledge and data, thinking what the original meaning of the ancient books might be. Then, Let’s make the proofreading of ancient books move forward in the direction of the original intention we inferred and assumed.”

"Therefore, just now, the defendant's attorney just ignored this extremely important point. That is, the so-called original meaning of ancient books is still the result of the subjective understanding of scholars of literature and history, not an objective product. The original meaning of ancient books in the true objective sense, we have no No way of knowing."

"Once we realize that the so-called 'original meaning of ancient books' itself is the subjective product of scholars using their knowledge and making judgments. Then, even the act of restoring ancient books itself will inevitably be creative."

"This is why I said that the words of the defendant's attorney cannot withstand careful scrutiny. Because the original meaning of ancient books in the objective sense is something we will never know or understand. Once we realize this, All the arguments made by the defendant’s attorney just now will collapse.”

"That is to say, the so-called process of restoring ancient books is not that there is a ready-made mold here, and we restore it according to it. It is that scholars of literature and history need to use their intelligence and professional knowledge to infer the original meaning of an ancient book before they can follow it." This 'deduced' reason is 'restored'."

"Therefore, just now, the defendant's attorney improperly simplified and even misunderstood the process of collation of ancient books. Although collation of ancient books is indeed a process of 'restoration', this so-called 'restoration' is impossible due to the original intention of the author of the ancient books. Intellectuality, but cannot be equated with "restoration" in the ordinary context. The defendant's agent, based on the so-called "intent of the corrector", denies the originality of the corrected works in the sense of copyright law, which lacks sufficient grounds. The original intention of ancient books itself , remains the creative product of a scholar's professional understanding."

"The defendant's lawyer's so-called author's intention argument is not tenable!"

Bei Yuan's words came to an end.

Almost all the legal experts present have opened their mouths slightly.Their inner emotions have been shocked and complicated to an incomparable level.The scene that took place in the courtroom was like a position after being bombarded by artillery fire, and it suddenly became crowded again in an instant.They seem to have witnessed a miracle of the resurrection of the dead and the resurrection of bones and flesh, happening in front of them.

The court argument of the young man in front of him is not only a pure legal defense, but also has a philosophical beauty in it.Especially the deconstruction and analysis of the "original meaning of ancient books".

It has simply reached an unimaginable level.

Many intellectual property experts present all had an idea in unison.Who is this young man in front of him?

(End of this chapter)