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汝凭什么任教授?!

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发表于 11/25/2010 01:49:17 | 显示全部楼层 |阅读模式
汝凭什么任教授?!
郭国汀
   
   郭国汀:吾当律师实出于历史的误会!我若当个学者,相信更能发挥已之才能;我如果当一名法官,相信会相当公正称职决不在丹宁大法官之下;余若当个法学翻译家,定能在10至30年内将当代英美最权威的实用法学专著译成中文;如果我成为大学教授,肯定能受到学子们的欢迎;然而不幸真是不幸,我竟当了律师!而且一当就是18年!事实上吾曾先后三次请求调大学院校当教书匠,而且自信将会是一名优秀称职的教授。然而中国之大,法律院系数百,却迄今为止没有哪所大学聘任我!原因只有一个:汝仅有学士学位!事实上我曾三次通过国际海商法研究生考试,1987年和1990年分别因福建省司法厅和上海海运学院在我的“政审”上背地里做了大手脚,将我拒之门外,1999年第三次则是我在收到录取通知书后,骄傲地拒绝入学,因为此时我的实际水准早已超出研究生。我还有过三次考法学博士的经历。1997年因申请成为厦门大学兼职教授,被以汝没有博士文凭拒绝。陈安教授因此邀请我考他的法学博士研究生,因认为凭我的学术成果已足够免试入学故未复习备考,结果因专业课成绩不佳被陈安教授婉拒;1999年厦门大学法学院廖益新教授(时任院长)邀请本律师考他的博士研究生,我提出免试入学可以考虑!2000年原拟读王羲教授的国际环境法博士研究生,但我的条件是免试入学,否则宁可自学!这当然是东郭式的狂妄。
   
       吾以为律师首先应当是个社会活动家,外交家。至少在目前应属真理。因为没有客户就没有律师生存的余地!不善于社交者肯定不会有太多的案源。是故想当律师者首先得分析自已是否善于与人打交道。其次,律师应当具有广博的知识。精深的专业知识自会为你带来客户与案源,若缺乏前者的才干,你只得当个业务型的专业律师。再次律师得有商人的头脑与思维。惟其如此你才能生存才能赚钱!商人型律师没有什么不对,律师也是人也有家也得食人间烟火。律师得有正义感,责任感。不义之财不可取,合法报酬理当要。此外律师还得有同情心,爱心,人之所以为人在于爱乃宇宙之本质。

   
       律师并非什么人人皆可为的职业,个中艰辛惟吾辈自知,君不见有多少律师英年早逝,身心累的!君不见有多少律师穷困聊倒,不会搞关系的必然结果!律师更非什么神圣的职业,仅是大多数律师谋生的职业,仅此而已!律师的诚信惟有律师自治才能根治。当然,上述的一切仅适用于一般的律师,对伟大的律师不适用。
   
   ( 2003-2-17 21:48:42)原载中国律师网
   
   南郭评论:2003年1月郭国汀律师被武汉大学国际法研究所聘为兼职教授,张湘兰教授告知:“今年法学院拟聘三位兼职教授,你是全体评委一致通过”。着实令南郭激动了好一阵。因为22岁时的教授梦,经23年不懈奋斗总算实现。此前南郭虽然已是上海海运学院和中国对外经贸大学的客座研究员,中国海事仲裁委员会和中国国际经济贸易委员会的双料仲裁员;武汉大学国际法研究所毕竟声誉卓著,南郭先生能任武汉大学兼职教授当然深感荣幸。此后华东政法学院和福州大学分别拟聘南郭先生任兼职教授(不过随后福州大学竟非要我出示教师资格证书不可!)似乎一夜间南郭从滥竽充数之辈变成了十分抢手的学者奇货。因此,南郭也到处演讲,将好为人师的德性发挥得淋漓尽致。先后在华东政法学院、上海外贸学院、北京大学、武汉大学演讲。满以为自已真成了名符其实的教授!
   
   然而,因南郭自2003年1月始突然从海事律师转变成人权律师,而且对每一案件均不顾中共当局一再警告,将案件真相,辩护词,案析评论全部上网,旨在运用互联网使政治案件,法轮功案件,强迁案件置于阳光下,以期获得公正的审判。令中共极权专制独裁当局惊恐万状,最终中共当局痛下决心除东郭而后快,于2005年2月23日悍然冒天下之大不韪,公然不惜以流氓手段骗走郭国汀律师的执业证,强行抢走郭国汀律师的工作电脑迄今,并由上海司法局与上海公安、国安联手在大上海上演了一场“依法”办案闹剧:构陷莫须有的“聚众扰乱社会秩序罪”、对东郭律师非法刑事拘留、非法取保侯审、枉法软禁两个半月!硬生生将郭国汀律师艰难困苦创办耗资巨大的上海市天易律师事务所强抢豪夺。郭国汀律师只得提前要求调北京大学或清华大学任专职教授(南郭先生原拟再干十年人权律师,打下良好的经济基础,再到北大或清华任专职教授),并要求当局不要设障。公安经办负责刘警官忠告:目前决不可能!没有大学敢要你!南郭寻思也是,故忍痛割爱退而求其次,试图到名不见经传的上海交通大学法学院碰运气。因为此前据称上海交大法学院曾主动拟聘郭国汀律师任兼职教授,因上海有关当局干预作罢。
   
   岂料与上海交大法学院郑院长一番长谈,令南郭对大陆所有的大学彻底失望:“你没有博士文凭,不可能在本院当教授,也无法任讲师,目前只能当普通教师。要评教授必须在本院认可的专业杂志上发表三篇以上论文。”郑院长一本正经地说。“每年申请本院教职的海内外法学博士不下50人。”郑院长不无自豪地补述。
   
   “我已出版九部法学专译著,其中四部是世界公认的权威论著;有四部已被多家大学法学院指定为研究生参考教材;发表论文、案析、评论600余篇,数十篇论文获各种奖,其中《论海上火灾免责》获中国海商法论文征文最高奖;正式出版书论总字数已超过700万字;已主办1200余起刑事、民事、行政、涉外经贸、海事海商、海上保险及政治、人权等各类诉讼案;能言善辩,文笔口才皆佳,既有相当的理论研究能力,又有非常丰富的办案实践经验,而且是武汉大学、上海海事大学、中国对外经贸大学的兼职教授和兼职研究员,同时还是中国国际经济贸易仲裁委员会和中国海事仲裁委员会双料仲裁员,我的宗合素质任教授可能是再佳不过,难道这一切一文不值?”郭国汀软中带硬地问道。
   
   “我们一概不承认兼职教授,一概不承认非经本院认可的权威杂志上发表的任何论文,一概不承认译著”!郑院长斩钉截铁地答道。“当然我相信你说的都是真的,你很可能的确有真才实学,也很可能非常胜任教授之职。然而,本院有规定,我无法为你破例,实在爱莫能助。”郑院长真诚地补充说。
   
   天哪,一个博士头衔加上三篇所谓权威杂志上发表的论文,足可敌过吾之700万字的雄文劲论!足可击败我主办过1200余起各类诉讼案的出庭实践经验!足可胜过中国最高级别的中国国际经济贸易仲裁委员会和中国海事仲裁委员会的仲裁员资历!足以抗衡三所全国重点大学正式聘任的教授和研究员资历,尽管是兼职的!足以超越洋洋300万字跨越四个不同专业领域的国际权威法学专著,尽管是翻译的!其实博士文凭与博士并非一回事,南郭虽无博士文凭,然而却敢负责任地宣称:南郭先生是货真价实的法学博士!有疑问者建议一揽博讯网上《百家争鸣》“郭国汀律师专栏”集结的700余篇论文、案析、评论、译著、专论!
   
   可想而知中国大学教授聘任制度的丑陋,可见中国大学官办色采多么浓厚,可闻中共党控教育系统是多么可恶!北洋军阀政府治下的北京大学,可以有兼容并包的蔡元培校长,当然可以聘任梁漱溟,沈从文,周树人等任教授,尽管他们并无文凭!
   
   其实郑院长是我多年的老朋友,此时此刻以此种方式婉拒郭国汀教授任职,似有难言之隐?!早在1997年他任吉林大学法学院院长时,我便申请过吉林大学法学院兼职教授,当年他并未提出任何上述“不承认”。何以七年后,我的各方面水准与当年相比皆远不可同日而语,反而有如今如此绝决的前提条件?!南郭先生认识到大陆在中共极权独裁专制下的大学全部被中共恶霸着,决不可能聘任象郭国汀这种虽有真才实学,但无文凭,且敢说真话实话心里话,唯真理是从的教授。当然并非南郭先生不够格,因为南郭任教授的能力与资历,如果不是出类拔萃,至少也是绰绰有余,至少决不亚于中国当今法学院内绝大多数教授。当然南郭先生毕竟滥竽充数之名声名远播,认命吧!
   
   此处不留爷,自有留爷处!吾去也。世界之大,大学无数,教授梦得续做,学者梦还得园,专家梦有得做!难道南郭先生真的只配做木匠或是洗盘子或是吹吹牛或是靠国际互网上痛骂中共邪党混口饭?!有眼不识泰山!南郭先生自我安慰道。中国大学大体如此!所幸的是,美国哥伦比亚大学已邀请南郭先生任法学院访问学者并提供全额奖学金。南郭先生除了真诚感谢哥伦比亚大学的慷慨及知遇之恩,当然得感谢上帝!因为上帝始终与我同在!
   
   郭国汀2005年12月4日于温哥华
 楼主| 发表于 4/26/2014 14:09:49 | 显示全部楼层
流亡海外九年饱尝人情世故的甜酸苦辣似乎证明全世界各国在许多领域正在越来越象中共专制暴政?!
 楼主| 发表于 3/13/2015 16:05:00 | 显示全部楼层
本帖最后由 郭国汀 于 3/14/2015 17:47 编辑

Some Thought on Canadian Indigenous People’s Self-determination Rights


by Thomas Guoting Guo


Land claims, self-government and self-determination rights soursed from sovereignty. If one has sovereignty, all other rights are natural born from it; therefore, the Key issues of aboridgenous people’s land-claim or self-determinaiton has close connection with the sovereignty. The first issue is that should be where is the sovereignty come from?  What is the sovereignty? Sovereignty can be defined as the supreme rights of a political entity to determine any matters of external and internal without other stetes intervation. Then who hold the rights of sovereignty? In human history, Kings hold on sovereignty mainly through violent fighting or war, conque, bought, natural increse, donate, or simply declare sovereignty on the land not belong to anyone.The winner of war always obtain the sovereignty as reward. To justify the sovereignty, ruler create a theory that he hold on the sovereignty because the God choose him to be God’ represent on the earth. Thus the sovereignty come from the divine power. Under such political arrangement, the sovereignty, in essence, belong to the King, that is, within Kindom’s territory, all population and natural source belong to King.


However, the idea of sovereignty appear only after great discover of American. In fact, sovereignty conception is the product of colonism, which was invated by Western political philosopher to justify colony policy; at the same time, International law were created by legal scholars to legalized West European states to claim new territory as their crown land. According to western idea of sovereignty, only states have the rights to hold on sovereignty. If a tribl or a nation’s political institute did not development into the stage of state, or their government or culture or science techonolgy are backward, they have no sovereignty and have to dominated by the advanced powers, this is power politics, base on the social Dalwinism, logic product. Since it alleged that when westerner first come to American, aboridgers society or community were alleged on the "barberious stage", no written language, nor state exist, indigeneous culture, political institutes, legal system were “thousand”years backforwad than western’s; thus, even though there are millons first nation have been living on these huge rich resource territory for more than ten thousand years, they must be treated as “the land of no owner”, and therefore, the Crown declared that new found land belong to her.

My thesis is that the First nations should have the rights of sovereignty of their home land which their ancesters have been living for ten thousand years. In theory they have full right, although in political reality, it is hardly possible to fulfil their sovereignty claim, because to enjoy the sovereignty, nations have to meet some pre-conditions, such as large number of population, strong economic strength, and military power, and capacity to control the territory efficiently. Because nature resource, which are limited, are all wealth fundation, while different nations, races, ethnics people’s desire for wealth are unlimited,  the conflict interests cause struggle amount various political institutes for the limited resource,competition either in peaceful or violence way depend on people how to handle it; when neither agreement nor law can resolve such conflicts, the violence even war might inevitable. Under rober logic, backward people even not belong to “people”, for example, slavers are treated as “the animal can speak”, so do the indigenous people. They are lower race compare with supeior white people, and this theory offer a satisfy execuse to occupy the indigenous people’s land.




Reference


Anderson,Willow J (2012)‘Indian drum in the house’: A critical discourse analysis of an apology for Canadian residential schools and the public’s response, the International Communication Gazette 74(6) 571–585. University of New Mexico
Bennett,Michael j. (2009)Smallpox and Cowpox under the Southern Cross: The Smallpox Epidemic of 1789 and the Advent of Vaccination in Colonial Australia,  Bulletin of the History of Medicine, Vol. 83, No. 1, pp. 37-62
Berman,Helene and  Mulcahy,Gloria A (2009)Uprooted and Displaced: A Critical Narrative Study of Homeless, Aboriginal, and Newcomer Girls in Canada,Mental Health Nursing, 30:418–430
Barta,Tony  (2005) Mr Darwin's shooters: on natural selection and the naturalizing of genocide, Patterns of Prejudice, 39:2, 116-137, DOI: 10.1080/00313220500106170
Campbell,Bradley (2009)Genocide as Social Control, Sociological Theory, Vol. 27, No. 2, pp. 150-172
Dean, Misao(2001)Making Canada's "Literary land claim": Marjorie Pickthall's "The Third Generation",Journal of Canadian Studies 36: 3
Knopf, Kerstin(2007)TERRA - TERROR - TERRORISM?: LAND, COLONIZATION, AND PROTEST IN CANADIAN ABORIGINAL LITERATURE, The Canadian Journal of Native Studies 27:2, 293-329
Kruer,Matthew  (2009)RED ALBION: GENOCIDE AND ENGLISH COLONIALISM, 1622-1646, a Thesis of Master of Art at the University of Oregon Graduated School
Lackenbauer, P. Whitney  & Andrew F. Cooper (2007) The Achilles heel of Canadian international citizenship: Indigenous diplomacies and state responses, Canadian Foreign Policy Journal, 13:3, 99-119, DOI: 10.1080/11926422.2007.9673445
Macdonald, David(2007)First Nations, Residential Schools, and the Americanization of the Holocaust: Rewriting Indigenous History in the United States and Canada,Canadian Journal of Political Science  40:4,995–1015 DOI: 10.10170S0008423907071107
Macdonald, David B (2011)The Genocide Question and Indian Residential Schools in Canada,  Truth and Reconciliation Commission of Canada Forum, March 1.
Montsion, Jean M(2015)Disrupting Canadian sovereignty? The ‘First Nations & China’ strategy revisited, Geoforum 58. 114–121.
Murray,T.R.  (2003),Can Money Undo the past? A Canadian Example,Comparative Education, Vol. 39, No. 3, pp. 331-343
Nicoll,Fiona  (2000) Indigenous Sovereignty and the Violence of Perspective: A White Woman's Coming Out Story, Australian Feminist Studies, 15:33, 369-386, DOI: 10.1080/713611981
Powell,Christopher  (2007) What do genocides kill? A relational conception of genocide, Journal of Genocide Research, 9:4, 527-547, DOI: 10.1080/14623520701643285
Schneiderhan, Erik  (2013)Genocide Reconsidered: A Pragmatist Approach ,Journal for the Theory of Social Behaviour 43:3 DOI: 10.1111/jtsb.12020
Walling,Carrie Booth  (2000) The history and politics of ethnic cleansing, The International Journal of Human Rights, 4:3-4, 47-66, DOI: 10.1080/13642980008406892
Woods,Eric Taylor  (2003)A Cultural Approach to a Canadian Tragedy: The Indian Residential Schools as a Sacred Enterprise,Int J Polit Cult Soc  26:173–187 DOI 10.1007/s10767-013-9132-0
 楼主| 发表于 3/13/2015 16:36:23 | 显示全部楼层
English is a difficult language, which is not easy job to learn and master it. Many said that Chinese is hard language to learn, but in my experience, English is much more difficult than Chinese. I start learning English when I was 13 years old, however, at that time I only know some useless political slogan such as Long live Chairman Mao, Long live the Communist Party of China, Love live the People's Republic of China. Of course,I have no interest in such rabish language at all.


In 1977, When restore the exam for entry universtiy, I start to learn English by myself, through self-taught English nine hundred and English for second language. I successful passed the entry exams of Jilin university Law School in september 1980. During four years studied at Changchun, I did read extensively, especially those public international law, international private law, and novals. But I pay no attention to grammar which make my English become broken English.


After graduate from Jilin University, I never stop read various kind of English works, and since 1988, I started to translate my first trans work which title of The of Judgement by James Prond, a law professor at the United States. My second trans is Modern Bills of lading, which publich by Dalian Maritime University publishing press. Again since 1996, I spent about five years to trans four leading British Maritime Law works. they are FOB and CIF contract, Charterparty, and Marian Insurance Law, and Institute Clauses.


Published ten law books make me believed that I am good at English but acctually not. Becasue I did not build up a sound basis of English language during my youth. My listning ability, and writing capacity are poor, especailly my academic writing skill is poor.


When I was forced exile into Canada in May 2005, at very beginning I stay at Clive's sea shore house for a year and everyday online to read majority Chinese essays and news. In May 2006, I went to comoson college to study English, unfortunately for I did not pay attention to study instead I spend a lots of time to write critique essays on Chinese problems, as the result I failed my English study in essence.


In Sept 2007, I went to the University of Victoria to read my LLM program, again I made mistake to pay not enough time and energy to study and met my second failed on study for I did not finished my papers, and during 2007 to 2008 I fly to European for three time to attend international conference as a speaker! Even if I spent all my time on study, it is hardly for me to complete my papers, not to say only use 70 % of energy on reading, thus I failed again my LLM program,which bring a bad result for my career in Canada.


During 2005 and 2011, I spent three years to finish my program of anti-communism study and trans ten history and political works. only after failed to find any jobs in 2011, I decide to back uvic to read my second degree of political science, with the purpose to improve my English capacity while learning besic theory of political science. after four years hard working, I realize that it is almost impossible for me to improve my English as good as native speacker, and writing papers always make me scare.


what the hell of English?!
 楼主| 发表于 3/14/2015 18:12:36 | 显示全部楼层
本帖最后由 郭国汀 于 3/15/2015 19:23 编辑

Do Canadain Indigeneous people has the right of self-determination?

By Guoting Guo

Introduction


Land claims, self-government and self-determination rights soursed from sovereignty. If a political entity has sovereignty, all other rights are natural born from it; therefore, the Key issues of aboridgenous people’s right of self-determinaiton has close connection with the sovereignty. The first issue is that what is sovereignty? and where the sovereignty come from?  Sovereignty can be defined as the supreme power and authority and rights of a political entity to determine any matters of external and internal without other stetes intervation. Then who hold the rights of sovereignty? In human history, Kings hold on sovereignty mainly through violent fighting or war, conque, sometime through bought, natural increse, donate, or simply declare sovereignty on the lands not belong to anyone.The winner of war always obtain the sovereignty as reward. To justify the sovereignty, ruler create a theory that king or queen hold on the sovereignty because the God choose him or her to be God’ representative on the earth. for example, In ancient China when Zhou dynasty, King Wen was described as :the favouring appointment was from Heaven, giving the throne to our King Wen.(Chinese Classic The Book Poetry P.435).Thus the sovereignty come from the divine power. Under such political arrangement, the sovereignty, in essence, belong to the King or Queen, that is, within Kindom’s territory, all population and natural source belong to King.

However, the idea of sovereignty seems appear only after great discovering of American. In Chinese Book of Poetry which said that "
under the wide heaven, all is the king’s land. within the sea boundaries of the land, all are the king’s servants". (James Legge, The Chinese Classics The Book of Poetry Vol five, Hong Kong University press 1960 p.360) which proved that over three thousand years ago, Chinese political idea are same as the idea of sovereignty appear only after 16 century in European. In fact, sovereignty conception is the product of colonism, which was invented by Western political philosopher to justify colony policy; at the same time, International law were created by legal scholars to legalized West European states to claim new territory as their crown land. According to western idea of sovereignty, only states have the rights to hold on sovereignty. If a tribe or a nation’s political institute did not development into the stage of state, or their government or culture or science techonolgy are backward, they have no sovereignty and have to dominated by the advanced powers. This is power politics, social Dalwinism justified, logic product which in fact practice in reality politics today. Since it alleged that when westerner first come to American, aboridgers society or community were alleged on the "barberious stage", they do not have written language, nor union state, indigeneous culture, political institutes, and legal system were “thousand”years backforwad than western’s; thus, even though there are millons first nation have been living on these huge rich resource territory for more than ten thousand years, their land must be treated as “the land of no owner”, and therefore, the Franch and British Kindom declared that new found land belong to her.

In this paper I argue that the First nations should have the rights of sovereignty of their home land which their ancesters have been living for ten thousand years. In theory they have full right, although in political reality, it is hardly possible to fulfil their sovereignty claim, because to enjoy the sovereignty, nations have to meet some pre-conditions, such as large number of population, economic strength, and strong military power, with the capacity to control the territory effectively. Because nature resource, which always limited, are all wealth fundation, while different states, nations, races, ethnics people’s desire for wealth are unlimited,  the conflict states interests cause struggle amount various political institutes for the limited resource and living space, competition through peaceful or violence way depend on people how to handle it; when neither agreement nor law can resolve such conflicts, the violence even war might inevitable. Under power-political, in another word robber logic, backward people even not belong to “human being”, for example, slavers are treated as “the animal can speak”, so do the indigenous people. They were alleged to be lower race compare with supeior white people, and this theory offer a satisfy execuse to occupy the indigenous people’s land.


II What is sovereignty?



Indigeneous people should have sovereignty of their land in theory, but in practice, it is hardly possible to fulfil such claim as self-determination. Because the right of self-determination come form sovereignty, which is the source of all rights including self-determination, self-government, land cliam etc.

Sovereignty is the superor right of a state or political entity to handle her external and internal affairs without any third party's intervantion. Since There are three fundational elements of the Sovereignty including government, territory, and population, in this sense, any political entity should have sovereignty within their jurisdiction. Before born of state, tribes, nations, and other political institutes must be have the sovereignty within their effectively control territory. Modern society appear nation-States, according to their composition, can be divide into three kind of state:  family-state, nation-state, party-state. Therefore, sovereignty can be divided according to various elements, such as absolute sovereignty and reletive sovereignty; complete sovereignty and limited sovereignty; political, economical, and cultural sovereignty; state sovereignty and tribe sovereignty; (tribe is a social group made up of people of the same race, beliefs, customs, language, etc,m living in a particular area ofof ten under the leadership of a chief).

Indigeneous people's sovereignty seems belong to reletive, incomplete, limited, part of political, more economic, and full cultural sovereignty, and tribal sovereignty.thus Canadian first nation should have the right of sovereignty of their territory, because they never reach state stage but remain on tribe form, their sovereignty is tribe sovereignty.

Where is the sovereignty come from: God, King or emperor, people

In antient time, the sovereignty come from the God, or divine power in Western society,while In China it come form the Heaven or Dao, also divine power. Since discovered the New Mainland of American,

Does First nation have the sovereignty over the territory of Canada?

Is there any indigeneous state existed in Canada before  European Westerners first come to Canada during the end of 15 century?


Politics

Politics in essence is about rule and governance power and authority which mainly decide who own and hole on the power of law making and policy making as well as how to goverance a state, or political entity and how to divide nature resourse and social wealth, usually rely on army, police and prison to force its citizens or subjects to obey the law and punish any rebelious and commit criminal. Army defense the state or tribe against external enemy attack while police maintain social order internal. Politics can divide reality politics and theory politics, formal including power politics, later including moral politics, while legalization politics in the middle. Civilization politics and babarous politics. Kindom politics and democratic politics. antient politics and modern politics.

According to reality politics, or power politics, in reality, the power and authority of a state or tribe usually come from war and violence in the human history, until the libearl democratic politics established. Although in theory the moral political and legalization politics also play an important role sometimes.

Indigeneous sovereignty is not state sovereignty but tribe soverieignty when European first arriave the American, because at that time there is no union Canadian indigeneou state existed. Such sovereignty is not absolute, but reletive, neither is reality but only in theory and moral. Since European state were much more advance in military and industrial power than Indigeneous people, from power politics point of view, whoever have more power, always win in the dispute and struggle for control the land and territory, despite in historial or legalization or cultural, economic perspective, Indigeneous people hold their imcomplete sovereignty in the effective control area, such as reserved land.

Under such condition, the self-determination rights of indigeneous people, is not absolute right, becasue they do not hold on absolute or reality sovereignty which justify their right of independance. Since first nation only own the moral sovereignty and some legalization sovereignty under international treaty and international law, which is not strict law for there is no super authority above States, and which is not enforceable if state not accept or recognize such law. International court can not hear the case between states who are not willing to subject their issue to the jurisdiction of the Court. Thus, in this sense, international law has more moral strength rather than the law authority and power. Since first nations in Canada is not state in the sense of international law, and not recognized by international society, they are not subject of international law, the Court has no right to hear the dispute between aboridgeneou nation and Canada.

The Idea of self-determination was created by the president Wilson of the USA during the first world war, which reflected liberalism political philosophy, with strong moral strength and later become ligalization rights under international law. while Lenin also declared that every nation has the rights of self-determination, with the purpose against colonism and imperialism.


Conclusion:

1. From historical perspective, Canadian Indigeneous people should have the rights of self-determination which base on the sovereignty. Because first nations ancient ancster have been living in this land more than ten thousand years. But when tribe sovereignty met European states since 16 century, who rely on power-politics to competite the state sovereignty, the moral politics can not defeated the power politics at colonism time and stap by stap the first nation lost their best opertunity to have state sovereignty for their do not united together become an intependent state.

2. According to moral and modern internaional law, Canadian Indigeneous people's sovereignty do exist in theory and in moral sense. Moral politics have to rely on voluntary but force to fulfil and sometimes moral standrad is different between different nation and culture, which lacking certainty and no authority from state power or Court. State interests make almost every states consider state interests first rather than their moral responsibility. International law is not law but legalization moral, for there is no power above states which can executive its law, although international court can hear some cases, which is accepted by both states involving dispute to its jurisdiction. International usually only accept the cases of dispute between members states or between states and international organizations. Since first nations are neither the state in international society nor international orgnization, they are not the subject of publich international law, and international court do not have force jurisdiction to hear the disputes between Canada and Canadian indigeneous people.

3. Since Canadian Indigeneous people have only moral and sub-legal rights of sovereignty, which is tribal sovereignty rather than state sovereignty, and which are reletive, limited, although in economic and cultural area rather than political sovereignty.

4. Indigeneou people did not united together as a first nation state, nor have enough strength to have military power, nor enough population, thus lacking the capacity to effective control territory, even if first nations do hold on moral and legalization sovereignty, which is not state sovereignty but tribe one, and which is not complete and absolute, but rather reletive and limited. Under such condition, aboridge people should choose land claim, or self-government within Canada rather than self-determination.

















 楼主| 发表于 3/15/2015 19:24:07 | 显示全部楼层
本帖最后由 郭国汀 于 3/16/2015 00:40 编辑

战战兢兢, 如临深渊,如履薄冰。(诗经: 小宛)
we should be apprehensive and careful, as if we were on the brink of a deep gulf, as if we were treading on thin ice.(trans by James Legge in 1865)


To be apprehensive and careful, as if on the brink of a deep gulf, as if treading on thin ice. ( trans by Thomas)


巧言如簧, 颜之厚矣。(诗经:巧言)
their artful words, like organ tongus, show how unblushing are their faces. (trans by James Legge)


In Chinese language we do not add subject to show who speak and how it express, but we all understand what the writer said. ancient Chinese are very economic indeed.


溥天之下, 莫非王土。 率土之滨,莫非王臣。(诗经:北山 book VI )
under the wide heaven, all is the king’s land. within the sea boundaries of the land, all are the king’s servants. (trans by James Legge, The Chinese Classics The Book of Poetry Vol five, Hong Kong University press 1960 p.360)


尽瘁事国
(some are )worn out in the service of the State;


涕澪如雨
my tears flow down like rain.


万寿无疆(诗经:楚茨)
with myriads of years, life without end.


受天之祐(诗经:信南山)
receive the blessing of Heaven


稻粱
the millets, the paddy, and the maize, rice, grain.


高山仰止,景行行止(诗经:


the high hill is looked up to: the great road is easy to be travelled on.


上帝甚蹈(诗经:菀柳)
But this God is very changeable


文王在上, 于昭于天。周虽旧邦,其命维新。有周不显,帝命不时。文王降,在帝左右。(诗经:文王)
King Wen is on high; Ok!bright is he in heaven. although Chou was an old country, the favouring appointment lighted on it recently. illustrious was the Hourse of Chow, and the appointment of God came at the proper season. King Wen ascends anddescends, one the left and the right of God(P.428).


假哉天命,有商孙子。商之孙子,其麗不億。上帝既命,侯于周服。(诗经:文王)
great is the appointment of Heaven!there were the descendants of the sovereigns of Shang; the descendants of the sovereigns of Shang, were in number more than hundreds of thousands; but when God gave the command, they became subject to Chou. (P.430)
天命靡常
the appointment of Heaven is not constant.
永言配命,自求多福;
alwasy striving to accord with the will of Heaven. so shall you be seeking for much happiness. 命之不易
the appointment is not easily preserved.
上天之载,无声无臭。
the doing of High Heaven, have neither sound nor smell.


维此文王, 小心翼翼, 昭事上帝。津怀多福,德不回,以受方国。(诗经:大明)
King Wen, watchfully and reverently, with entire intelligence served God, and so secured the great blessing. his virtue was without deflection; and in consequence he received the allegiance of the States from all quarters.(P.433)


有命自天, 命此文王
the favouring appointment was from Heaven, giving the throne to our King Wen.(Chinese Classic The Book Poetry P.435)
司空, 司徒 (诗经:緜)
superintendent of works; and minister of insturction


皇矣上帝(诗经:皇矣)
Great is God (P.448)
天立阙配, 受命既固
Heaven raised up a helpmeet for him, and the appointment he had received was made sure.(P.450)
其德克明
his virtue was highly intelligent(451)
帝谓文王
God said to King Wen(452)
帝谓文王,予怀明德。不大声以色。 不长厦以革, 不识不知,顺帝之则。(诗经:皇矣        )
God said to King Wen, ‘I am pleased with your intelligent virtue, not loudly proclaimed nor pourtrayed, without extravagance or changeableness, without consciousness of effort on your part, in accordance with the pattern of God’(454).
世有哲王(诗经:下武)
for generations there had been wise kings (458)
文王受命,有此武功。(诗经:文王有声)
King Wen received the appointment of Heaven, and achieved his martial success.(461)


既醉以酒, 既饱以德。君子万年,介尔景福。(诗经:既醉)
you have made us drink to the full of your spirits; you have satiated us with your kindness, May you enjoy, Oh our lor, myriads of years! May your bright happiness ever be increased!(475)


受禄于天,保右命之,自天申之。(诗经:假乐)
receives his dignity from heaven, which protects and helps him, and confirms his appointment, by repeated acts of renewal from heaven.(481)




惠此中国,以绥四方.( 诗经:民劳)
let us cherish this centre of the Kingdom,to secure the repose of the four quarters of it.(495)
惠此中国,以为民求
let us cherish this centre of the Kingdom, and make it a gathering place for the people. (496)
惠此中国,俾民忧泄
let us cherish this centre of the Kingdom, that the sorrow of the people may be dispelled.
惠此中国,国无有残
let us cherish this centre of the Kingdom, that it may not everywhere suffer such wounds.


敬天之怒,无敢戏豫。敬天之渝,无敢驰驅。(诗经:板)
Revere the anger of Heaven, and presume not to make sport or be idle. Revere the changing moods of Heaven,and presume not to drive about at your pleasure. (503)


蕩蕩上帝, 下民之辟。疾威上帝,其命多辟。天生烝民(诗经:蕩)
how vast is God, the ruler of men below! how arrayed in terrors is God, with may things irregular in his ordinations! Heaven gave birth to the multitudes of the people(505)
于中国(诗经:蕩)
in the middle kingdom
殷鉴不远(诗经:蕩)
the beacon of Yin is not far distant.(510)


靡哲不愚。 哲人之愚,亦维斯戾。(诗经:抑)
there is no wise man who is not stupid. the stupidity of the wise man, is from his doing violence to this natural character.(511)


质尔人民 (诗经:抑)
perfect what concerns your officers and people(513).


莫扪朕舌,言不可逝矣。无言不讐,无德不报,惠于朋友,庶民小子,子孙绳绳,万民靡不承。(诗经:抑)
no one can hold my tongue for me; words are not to be cast away. every word finds its answer; every good deed has its recompense. if your are gracious among your friends, and to the people, as if they were your children, you descendants will continus in unbroken line(514).


投我以桃,报之以李(诗经:抑)
when one throws to me a peach, I return to him a plum.


天降丧乱,灭我立王。中国(诗经:桑柔)
Heaven is sending down death and disorder, and has put an end of our king.(523)


进退维谷(诗经:桑柔)
to go forwards or backwards is alike impracticable.


何辜今之人。天降丧乱,饥馑蔫臻(诗经:云汉)
what crime is chargeable on us now, that Heaven thus sends down death and disorder? famine comes again and again.(528)
上帝不临(诗经:云汉)
God does not come to us.
兢兢业业,如霆如雷(诗经:云汉)
I am full of terror and feel the peril, like the clap of thunder or the roll.
昊天上帝,则不我遗(诗经:云汉)
Nor will God from His great heaven, exempt even me.


王之喉舌 (诗经:民)
be the king’s throat and tongue.
既明且哲,以保其身 (诗经:民)
intelligent is he and wise, protecting his own person.
爱莫助之(爱莫能助)(诗经:民)
I love him, but can do nothing to help him.


天子万寿,明明天子 (诗经:江汉)
May the Son of Heaven live for ever! very intelligent is the Son of Heaven.


降此大厉
these great calamities are sent down upon us.


哲夫成城,哲妇倾城。懿阙哲妇。为枭为鹜,妇有长舌,维厉之阶。(诗经:瞻仰)
a wise man builds up th wall of a city, but a wise woman overthrows it. admirable may be the wise woman, but she is no better than a owl. a woman with a long tongue, is a stepping stone to disorder(561).

 楼主| 发表于 3/16/2015 00:40:48 | 显示全部楼层
窈窕淑女,君子好逑(诗经:關睢)
the modest, retiring, virtuous, young lady, for our prince a good mate she.
悠哉悠哉,展转反侧(诗经:关睢)
long he thought, Oh! long and anxiously; on his side, on his back, he turned , and back again.
忧心忡忡,忧心惙惙(诗经:草蟲)
my sorrowful heart is agitated. my sorrwful heart is very sad.
有妳怀春,吉士诱之(诗经:野有死鹿)
there is a young lady with thoughts natural to the spring, and a fine gentleman would lead her astray.
如有隐忧(诗经:泊舟)
as if suffering from a painful wound
执子之手,与子偕老(诗经:击鼓)
we held their hands; we were to grow old together with them.( I will hold your hand and grow old together with you by Thomas)
携手同行(诗经:比风)
let us join hand and go together.
如切如磋,如琢如磨(诗经:淇奥)
as from the knife and the file, as from the chisel and the polisher!
手如柔荑,膚如凝脂,领如蝤蛴,齿如瓜犀,秦首娥眉,巧笑倩兮,美目盼兮(诗经:碩人)
her fingers like the blades of the young white-grass;
her skin like congealed ointment;
her neck like the tree-grub;
her teeth like melon seeds; her forehead cicda-like; her eyebrows like the silkworm moth;
what dimples, as she artfully smiled!
how lovely her eyes, with the black and white so well dinined!
知我者,谓我心忧,不知我者,谓我何求。悠悠苍天,此何人哉。(诗经:黍離)
those who know me, said I was sad at heart; thos who did not know me, said I was seeking for simething. Oh distant and azure Heaven! by what man was this brought about?
一日不见,如三秋兮(诗经:采葛)
a day without seeing him, is like three seasons!
孔武有力(诗经:羔裘)
looks grandly martial and strong.
风雨如晦(诗经:风雨)
through the wind and rain all looks dark.
青青子衿,悠悠我心;青青子佩,悠悠我思(诗经:子衿)
with the blue collar,prolonged is the anxiety of my heart; with the blue girdle gems, long do I think of you.
有美一人,清杨婉兮。邂逅相遇,适我愿兮。(诗经:野有蔓草)
there was a beautiful man, lovely, with clear eyes and fine forehead. we met together accidentally, and so my desire was satisfied.
河水清且漣渏(诗经:伐檀)
river waters flow clear and rppling.
喜乐(诗经:山有枢)
joy
硕大无朋(诗经:椒聊)
large and peerless
绸繆
round and round
独行郁郁(诗经:杜)
alone I walk unbefriended
父母何辜(诗经:鸨羽)
what will our parents have to rely on?
所谓伊人,在水一方(诗经:蒹霞)
the man of whom I think, is somewhere about the water.
宛在水中央
as if he is right in the midst of the water
劳心悄兮,劳心慅兮,劳心惨兮(诗经:月出)
how anxious is my toiled heart! how agitated is my toiled heart! how miserable is my toiled heart!
有美一人,伤如之何;寤寐无为,涕泗滂沱。(诗经:泽陂)
there is the beautiful lady, I am tortured for her, but what avails it? waking or sleeping, I do nothing; from my eyes and nose the water streams.
岂不尔思,劳民忉忉;岂不尔思,我心忧伤(诗经:羔裘)
how should I not thinking anxiously about you? my toiled heart is full of grief. how should I not thinking anxiously about you?my heart is wounded with sorrow.
衣裳楚楚(诗经:蜉蝣)
robes are bright and splendid.
未雨绸缪(诗经:)
before the sky was dark with rain, bound round and round my window and door.
风雨所漂摇(诗经:)
it is tossed about in the wind and rain
德音不瑕(诗经:狼跋)
there is no flaw in his virtuous fame.
德音孔昭(诗经:鹿鸣)
whose virtuous fame is grandly brilliant.
兄弟睨于墙,外御其务(诗经:常隶)
brothers may quarrel inside the walls, but they will oppose insult from without,
妻子合好合,如鼓瑟琴。(诗经:)
loving union with wife and children, is like the music of lutes;
幽谷(诗经:伐木)
dark valley
民之质矣,日用饮食。群黎百姓,徧为尔德(诗经:伐木)
the people are simple and honest, daily enjoying their meat and drink. all the black haired race, in all their surnames, universally practice your virtue.
天子命我,城彼朔方(诗经:出车)
the son of Heaven had charged us, to build a wall in that northern region.
未见君子,忧心忡忡,既见君子,我心则降(诗经:出车)
while not see my husband, my hearts must be full of grief. when I see him, my heart will be at rest.
哀此鳏寡(鸿雁)
wifeless and widows
夜未央,夜如何其,夜未艾.(诗经:庭燎)
the night is not yet midnight;how goes the night?  the night is not yet through.
他山之石,可以攻玉(诗经:鹤鸣)
the stones of those hills, may be used to polish gems.
逍遥(诗经:白驹)
spend time at ease
有皇上帝,伊谁云憎(诗经:正月)
there is the great God, does He hate any one?
不敢暴虎,不敢冯河(诗经:渂天)
they dare not without weapons attack a tiger; they dare not without a boat cross the rive.
战战兢兢, 如临深渊,如履薄冰。(诗经: 渂天)
we should be apprehensive and careful, as if we were on the brink of a deep gulf, as if we were treading on thin ice.(trans by James Legge in 1865) To be apprehensive and careful, as if on the brink of a deep gulf, as if treading on thin ice. ( trans by Thomas)
巧言如簧, 颜之厚矣。(诗经:巧言)
their artful words, like organ tongus, show how unblushing are their faces. (trans by James Legge)
In Chinese language we do not add subject to show who speak and how it express, but we all understand what the writer said. ancient Chinese are very economic indeed.
溥天之下, 莫非王土。 率土之滨,莫非王臣。(诗经:北山 book VI )
under the wide heaven, all is the king’s land. within the sea boundaries of the land, all are the king’s servants. (trans by James Legge, The Chinese Classics The Book of Poetry Vol five, Hong Kong University press 1960 p.360)
尽瘁事国
(some are )worn out in the service of the State;
涕澪如雨
my tears flow down like rain.
万寿无疆(诗经:楚茨)
with myriads of years, life without end.
受天之祐(诗经:信南山)
receive the blessing of Heaven
稻粱
the millets, the paddy, and the maize, rice, grain.
高山仰止,景行行止(诗经:
the high hill is looked up to: the great road is easy to be travelled on.
上帝甚蹈(诗经:菀柳)
But this God is very changeable


文王在上, 于昭于天。周虽旧邦,其命维新。有周不显,帝命不时。文王降,在帝左右。(诗经:文王)
King Wen is on high; Ok!bright is he in heaven. although Chou was an old country, the favouring appointment lighted on it recently. illustrious was the Hourse of Chow, and the appointment of God came at the proper season. King Wen ascends anddescends, one the left and the right of God(P.428).
假哉天命,有商孙子。商之孙子,其麗不億。上帝既命,侯于周服。(诗经:文王)
great is the appointment of Heaven!there were the descendants of the sovereigns of Shang; the descendants of the sovereigns of Shang, were in number more than hundreds of thousands; but when God gave the command, they became subject to Chou. (P.430)
天命靡常
the appointment of Heaven is not constant.
永言配命,自求多福;
alwasy striving to accord with the will of Heaven. so shall you be seeking for much happiness. 命之不易
the appointment is not easily preserved.
上天之载,无声无臭。
the doing of High Heaven, have neither sound nor smell.
维此文王, 小心翼翼, 昭事上帝。津怀多福,德不回,以受方国。(诗经:大明)
King Wen, watchfully and reverently, with entire intelligence served God, and so secured the great blessing. his virtue was without deflection; and in consequence he received the allegiance of the States from all quarters.(P.433)
有命自天, 命此文王
the favouring appointment was from Heaven, giving the throne to our King Wen.(Chinese Classic The Book Poetry P.435)
司空, 司徒 (诗经:緜)
superintendent of works; and minister of insturction
皇矣上帝(诗经:皇矣)
Great is God (P.448)
天立阙配, 受命既固
Heaven raised up a helpmeet for him, and the appointment he had received was made sure.(P.450)
其德克明
his virtue was highly intelligent(451)
帝谓文王
God said to King Wen(452)
帝谓文王,予怀明德。不大声以色。不长厦以革, 不识不知,顺帝之则。(诗经:皇矣        )
God said to King Wen, ‘I am pleased with your intelligent virtue, not loudly proclaimed nor pourtrayed, without extravagance or changeableness, without consciousness of effort on your part, in accordance with the pattern of God’(454).
世有哲王(诗经:下武)
for generations there had been wise kings (458)
文王受命,有此武功。(诗经:文王有声)
King Wen received the appointment of Heaven, and achieved his martial success.(461)
既醉以酒, 既饱以德。君子万年,介尔景福。(诗经:既醉)
you have made us drink to the full of your spirits; you have satiated us with your kindness, May you enjoy, Oh our lor, myriads of years! May your bright happiness ever be increased!(475)
受禄于天,保右命之,自天申之。(诗经:假乐)
receives his dignity from heaven, which protects and helps him, and confirms his appointment, by repeated acts of renewal from heaven.(481)
惠此中国,以绥四方.( 诗经:民劳)
let us cherish this centre of the Kingdom,to secure the repose of the four quarters of it.(495)
惠此中国,以为民求
let us cherish this centre of the Kingdom, and make it a gathering place for the people. (496)
惠此中国,俾民忧泄
let us cherish this centre of the Kingdom, that the sorrow of the people may be dispelled.
惠此中国,国无有残
let us cherish this centre of the Kingdom, that it may not everywhere suffer such wounds.
敬天之怒,无敢戏豫。敬天之渝,无敢驰驅。(诗经:板)
Revere the anger of Heaven, and presume not to make sport or be idle. Revere the changing moods of Heaven,and presume not to drive about at your pleasure. (503)
蕩蕩上帝, 下民之辟。疾威上帝,其命多辟。天生烝民(诗经:蕩)
how vast is God, the ruler of men below! how arrayed in terrors is God, with may things irregular in his ordinations! Heaven gave birth to the multitudes of the people(505)
于中国(诗经:蕩)
in the middle kingdom
殷鉴不远(诗经:蕩)
the beacon of Yin is not far distant.(510)
靡哲不愚。 哲人之愚,亦维斯戾。(诗经:抑)
there is no wise man who is not stupid. the stupidity of the wise man, is from his doing violence to this natural character.(511)
质尔人民 (诗经:抑)
perfect what concerns your officers and people(513).
莫扪朕舌,言不可逝矣。无言不讐,无德不报,惠于朋友,庶民小子,子孙绳绳,万民靡不承。(诗经:抑)
no one can hold my tongue for me; words are not to be cast away. every word finds its answer; every good deed has its recompense. if your are gracious among your friends, and to the people, as if they were your children, you descendants will continus in unbroken line(514).
投我以桃,报之以李(诗经:抑)
when one throws to me a peach, I return to him a plum.
天降丧乱,灭我立王。中国(诗经:桑柔)
Heaven is sending down death and disorder, and has put an end of our king.(523)
进退维谷(诗经:桑柔)
to go forwards or backwards is alike impracticable.
何辜今之人。天降丧乱,饥馑蔫臻(诗经:云汉)
what crime is chargeable on us now, that Heaven thus sends down death and disorder? famine comes again and again.(528)
上帝不临(诗经:云汉)
God does not come to us.
兢兢业业,如霆如雷(诗经:云汉)
I am full of terror and feel the peril, like the clap of thunder or the roll.
昊天上帝,则不我遗(诗经:云汉)
Nor will God from His great heaven, exempt even me.
王之喉舌 (诗经:民)
be the king’s throat and tongue.
既明且哲,以保其身 (诗经:民)
intelligent is he and wise, protecting his own person.
爱莫助之(爱莫能助)(诗经:民)
I love him, but can do nothing to help him.
天子万寿,明明天子 (诗经:江汉)
May the Son of Heaven live for ever! very intelligent is the Son of Heaven.
降此大厉
these great calamities are sent down upon us.
哲夫成城,哲妇倾城。懿阙哲妇。为枭为鹜,妇有长舌,维厉之阶。(诗经:瞻仰)
a wise man builds up th wall of a city, but a wise woman overthrows it. admirable may be the wise woman, but she is no better than a owl. a woman with a long tongue, is a stepping stone to disorder(561).
昊天疾威,天笃降丧,瘨我饥馑,民卒流亡(诗经:召渂)
compassinate Heaven is arrayed in angry terrors; Heaven is indeed sending down ruin, afflicting us with famine, so that the people are all wandering fugitives.
上帝是皇(诗经: 执競)
Kinged by God (578)
天子穆穆(诗经:雝)
the son of Heaven looks profound
高高在上(诗经:敬之)
it is high aloft above me
予其懲而毖后患(惩前毖后)(诗经:小毖)
I condemn myself for the past, and will be on my guard against future calamity.
天命玄鸟,降而生商。(诗经:玄鸟)
Heaven commissioned the swallow, to descend and give birth to the father of our Shang.
古帝命汤武(诗经:玄鸟)
long ago God appointed the martial Tang.
大国是疆,幅陨既长。(诗经:长发)
the exterior great States their boundaries, with their borders extending all over the kingdom.
受小国是达,受大国是达(诗经:长发)
charged with a small State, he commanded success; charged with a large State, he commanded success.

 楼主| 发表于 3/16/2015 01:49:10 | 显示全部楼层
本帖最后由 郭国汀 于 3/16/2015 04:35 编辑

殷既错天命(尚书:序)
Yin having cast away the sovereignty conferred on it by Heaven.
百姓如丧考妣(尚书:虞书:舜典)
people mourned for him as if for a parent for three years.p.40
司空superintendent of Works.司徒minister of Instruction.
命汝典乐,教胄子,直而温,寬而栗,刚而无虐,简而无傲,诗言志,歌咏言。声依永律和声,八音克谐,无相夺伦,神人以和。(尚书:虞书:舜典)
24. the emperor said: I appoint you to be Director of Music, and to teach our sons, so that the straightforward may yet be mild, the gentle may yet be dignified, the strong not tyrannical, and the impetuous not arrogant. Poetry is the expression of earnest thought; sining is the prolonged utterance of that expression. The notes accompany that utterance, and they are harmonized themselves by the ptch pipes. In this way the eight different kinds of instruments can all be adjusted so that one shall not take from or interfere with another, and spirits and men will thereby be brought into harmony.” p. 48.
命汝作纳言,夙夜出纳朕命。
I appoint you to be the minister of Communication. early and late give forth my orders and report to me, seeing that every thing is true.p.49
野无遗贤,万邦咸宁,舍己从人,不虐无告,不废困穷(尚书:大禹谟)
no men of virtue and talents will be neglected away from court; and the myriad States will all enjoy repose. To give up ones own opinion and follow that of others; to refrain from oppressing the helpless; and not to neglect the straitened and poor. P. 53.
罔失法度, 罔游于逸,罔淫于乐,任贤无二,去邪勿疑,疑谋勿成,百志惟煦,罔违道以干百姓之誉。罔咈百姓以从己之欲,无忌无荒,四夷来王。(尚书:大禹谟)
Do not fail in due atttention to the laws and ordinances. Do not find your enjoyment in indulgent ease. Do not go to excess in pleasure. In your employment o fmen of worth, let none come between you and them. Put away evil without hesitation。Do not try to carry out doubtful plans. Study that all your purposes may be with the light of reason. Do not go against what is right to get the praise of the people. Do not oppose the people to follow your own desires. attend to these things without idleness or omission, and from the four quarters the barbarous tribes will come and acknowledge your sovereignty.p.55.
德惟善政,政在养民水火金木土殼,惟修正德利用厚生,惟和(尚书:大禹谟)
virtue is seen in the goodness of the government, and the government is tested by its nourishing of the people. there are water, fire, metal, wood,earth,and grain,these must be duly regulated; there are the rectification of the people’s virtue, the conveniences of life, and the securing abundant means of sustentation, these must be harmoniously attended to. p.56.
皋陶曰:帝德罔:临下以简,御众以宽,罚弗及嗣,賞延于世,倄过无大, 刑故无小,罪疑惟轻,功疑惟重, 其杀不辜,宁失不轻,好生之德,洽于民心兹用不犯于有司。(尚书:大禹谟)
12. Gaotao said, “your virtue emperor, is faultless. You condescend to your ministers with a liberal ease; you preside over the multitude with a generous forbearance. Punishments do not extend to the criminal’s heirs; while rewards reach to after generations. Your pardon inadvertuent faults, however great; and punish purposed crimes, however small. In cases of doubtful crimes, you deal with them lightly; incases of doubtful merit, you prefer the high estimation. Rather than put to death an innocent person, you will run the rish of irregularity and error. This life loving virtue has penetratedd the minds of the people, and this is why they do not render themselves liable to be punished by your officers.”P.59. James Legge.
帝说,惟汝贤,克勤于邦,克儉于家,不自满假。汝惟不矜,天下莫与汝争能;汝惟不伐,天下莫与汝争功。(尚书:大禹谟)
14.The emperor said, full of toilsome earnestness in the service of the State, and sparing in your expenditure on your family; and this without being full of yourself or elated; you agains show your superiority to other men. Without any prideful presumption, there is no one in the empire to contest with you the palm of ability; without any boasting , there is no one in the empire to contest with you the claim of merit. p.60 James
人心惟危,道心惟微,惟精惟一,允执阙中。无稽之言勿听,弗询之谋勿庸(尚书:大禹谟)
15-16.the mind of man is restless; its affinity for the right way is small. Be discriminating, be undivided, that you may sincerely holdfast the Mean. Do not llisten to unsubstantiated words; do not follow undeliberated plans. p.62 James
蠢兹有苗, 昏迷不恭,侮慢自贤,反道败德,君子在野,小人在位,民弃不保,天降之咎。(尚书:大禹谟)
20.stupid is this prince of Youmiao, ignorant, erring, and disrespectful. Despiteful and insolent to others, he thinks that all ability and virtue are with himself. A rebel to the right, he destroys all the obligtions of virtue. Superior men are kept by him in obscurity, and mean men fill all the offices. the people reject and will not protect him. Heaven is sending calamities down upon him. p. 64
禹曰:惟德动天,无远弗届,满招损,谦受益,时乃天道(尚书:大禹谟)
Yu saying, “it is virtue which moves Heaven; there is no distance to which it does not reach. Pride brings loss, and humility receives increase: this is the way of Heaven. p.65.

 楼主| 发表于 3/16/2015 12:53:25 | 显示全部楼层
惟皇上帝,降衷于下民,若有恒性,。。。夏王灭德作威,以敷虐于尔万方百姓,尔等羅其凶害,弗忍荼毒,泣告无辜于上下神氏,天道福善祸淫降灾于夏,以彰阙罪。肆台小子,将天命明威,不敢赦,敢用玄牡,敢昭告于上天神后,请罪有夏,求元圣,与之戮力,以与尔有众请命。上天孚佑下民,罪人黜伏,天命弗儹。。。慄慄危惧若将陨于深渊。8。尔有善,朕弗敢蔽,惟简在上帝之心,其尔万方有罪,在予一人,予一人有罪,无以尔万方。(尚书:汤诰)
the great God has conferred even on the inferior people a moral sense,compliance with which would show their nature invariably right...the King Xia extinguished his virtue and played the tyrant, extending his oppression over you, the people of the myriad regions. suffering from his cruel injuries, and unable to endure the wormwood and poison, you protested with one accord your innocence to the spirits of heaven and earth. the way of Heaven is to bless the good and to punish the bad. it sent down calamities on Xia’s family, to make manifest its crimes. therefore, I charged with the decree of Heaven and its bright terrors, did not dare to forgive the criminal. I presumed to use a dark coloured victim, and making clear announcement to the spiritual Sovereign of the high heavens, requested leave to deal with the ruler of Xia as a criminal. Then, I sought for the great sage, with whom I might unite my strngth, to request the favour of Heaven on behalf of you, my multitudes. High Heaven truly showed its favour to the inferior people, and the criminal has been degraded and subjected. Heaven’s appointment is without error; brilliantly now like the blossoming of flowers and trees, the millions of the people show a true reviving. ...I am fearful and trembling, as if I should fall into a deep abyss….the good of you, I will not dare to conceal; and for the evil in me, I will not dare to forgive myself; I will examine these things in harmony with the mind of God. when guilt is found anywhere in you who occupy the myriad regions, it must rest on me. when guilt is found in me, the one man, it will not attach to you who occupy the myriad regions.p.184-89


有夏多罪,天命殛之。(尚书:商书:汤誓)
many crimes of the sovereign of Xia, Heaven has given the charge to destroy him. p.173.
予畏上帝,不敢不正。
as I fear God, I dare not but punish him.
朕不食言,尔不从誓言,予则孥戮汝罔有攸赦。(尚书:商书:汤誓)
I will not eat my words. if you do not obey the words which I have spoken to you, I will put your children with you to death, you will find no forgiveness.p. 175.


惟天生民有欲,无主乃乱,惟天生聪明时,有夏昏德,民坠涂炭 ... 奉若天命。(尚书:仲馗之诰)
Heaven gives birth to the people with such desires, that without a ruler they must fall into all disorders; and Heaven again gives birth to the man of intelligence whose business it is to regulate them. ...honouring and obeying the appointment of Heaven. p. 179
惟王不迩声色,不殖货利,德懋懋官,功懋懋赏,用人惟己,改过不吝,克宽克仁,彰信兆民。有夏多罪,天命殛之。惟天生民有欲,无主乃乱,惟天生聪明时,有夏昏德,民坠涂炭 ... 奉若天命。(尚书:仲馗之诰)


Heaven gives birth to the people with such desires, that without a ruler they must fall into all disorders; and Heaven again gives birth to the man of intelligence whose business it is to regulate them. ...honouring and obeying the appointment of Heaven. p. 179
惟王不迩声色,不殖货利,德懋懋官,功懋懋赏,用人惟己,改过不吝,克宽克仁,彰信兆民。(尚书:仲馗之诰)
our king did not approach to dissolute music and women; he did not seek to accumulate property and money. to great virtue he gave great offices ; to great merit he gave great rewards. he employed others as if their abilities were his own; he ws not slow to change his errors. rightly indulgent and rightly benevolent, from the display of such virtue comfidence was reposed in him by the millions of the people. p.180
佑贤辅德,显忠遂良,兼弱攻昧,取乱侮亡,推亡固存,邦乃其昌...德日新,万邦惟怀,志自满,九族乃离,王懋昭大德,建中于民,以义制事,以礼制心。吾闻能自得师者王,谓人莫己若者亡。好问则裕,自用则小。慎阙终,惟其始,殖有礼,覆昏暴,钦崇天道。(尚书:仲馗之诰)
7. IV. show favour to the able and right principled among the princes , and  aid the virtuous; distinguish the loyal, and let the good have free course. absor the weak, and punish the wilfully blind; take their States from the disorderly, and deal summarily with those going to ruin. thus overthrowing the perishing and strengthening what is being preserved, how will the States all flourish!...8. when a sovereign’s virtue is daily being renewed, he is cherished throughout the myriad States; when he is full of his own will, he is abandoned by the nine classes of his kindred. Oh King to make your great virtue illustrious, and set up the pattern of the Mean before the people. order your affairs by righteousness; order your heart by propriety: so shall you transmit a grand example to posterity. I have heard the saying: He who finds instructors for himself, comes to the supreme dominion; he who says that others are not equal to himself, comes to ruin. he who likes to ask becomes enlarged; he who uses only himself becomes small. 9. He who would take care for his end must be attentive to his beginning. there is establishment for the observers of propriety, and overthrow for the blinded and wantonly indifferent. to revere and honour the way of Heavan is the way ever to preserve the favouing regard of Heaven.p.181-83。


皇祖有训:民可近,不可下, 民惟邦本,本固邦宁。...予临兆民,懔乎若朽索之驭六马。(尚书:五子之歌)
4.5 II. the lesson of our great ancestor: the people should be cherished; they should not be down trodden: the people are the root of a country; the root firm, the country is tranquil. ...in my relation to the millions of the people, I should feel as much anxiety as if I were driving six horses with rotten reins.p.158.
杀无赦(尚书:五子之歌)
put to death without merch.
玉石俱焚(尚书:五子之歌)
gems and stones are burned together;


知人则哲,能官人,安民则惠,黎民怀之,能哲而惠,何忧乎,何迁乎有苗,何谓乎巧言令色。(尚书:臯陶谟)
knows men is wise, and can put men into their proper offices. when he givesrepose to the people, he is kind, and the black haired people cherish him in their hearts. when a sovereign can be thus wise and kind, what occasion will he have for anxiety about a Guang-dou?what to be removing a prince of You-Miao? waht to fear any one of fair words, insinuating appearance, and great artfulness?p.70.
臯陶云:宽而栗,柔而立,愿而恭,乱而敬,扰而毅,直而温,简而廉,刚而塞,疆而毅,彰阙有常,吉哉。(尚书:臯陶谟)
affability combined with dignity; mildness combined with firmness; bluntness combined with respectfulness; aptness for government combined with reverence; docility combined with boldness; straightforwardness combined with gentleness; esasiness combined with discrimination; vigour combined with sincerity; and valour combined with righteousness. when these qualities are displayed, and that permanently, have we not the good officer?p. 71.
帝云:臣作朕股肱耳目,予欲左右有民,汝冀予欲宣力四方。(尚书:臯陶谟)
emperor said:my ministers constitute my legs and arms, my ears and eyes. I wish to help and support my people; you give effect to my wishes. p.80


殷既错天命(尚书:序)
Yin having cast away the sovereignty conferred on it by Heaven.


百姓如丧考妣(尚书:虞书:舜典)
people mourned for him as if for a parent for three years.p.40
司空superintendent of Works.司徒minister of Instruction.
命汝典乐,教胄子,直而温,寬而栗,刚而无虐,简而无傲,诗言志,歌咏言。声依永律和声,八音克谐,无相夺伦,神人以和。(尚书:虞书:舜典)
24. the emperor said: I appoint you to be Director of Music, and to teach our sons, so that the straightforward may yet be mild, the gentle may yet be dignified, the strong not tyrannical, and the impetuous not arrogant. Poetry is the expression of earnest thought; sining is the prolonged utterance of that expression. The notes accompany that utterance, and they are harmonized themselves by the ptch pipes. In this way the eight different kinds of instruments can all be adjusted so that one shall not take from or interfere with another, and spirits and men will thereby be brought into harmony.” p. 48.


命汝作纳言,夙夜出纳朕命。
I appoint you to be the minister of Communication. early and late give forth my orders and report to me, seeing that every thing is true.p.49
野无遗贤,万邦咸宁,舍己从人,不虐无告,不废困穷(尚书:大禹谟)
no men of virtue and talents will be neglected away from court; and the myriad States will all enjoy repose. To give up ones own opinion and follow that of others; to refrain from oppressing the helpless; and not to neglect the straitened and poor. P. 53.
罔失法度, 罔游于逸,罔淫于乐,任贤无二,去邪勿疑,疑谋勿成,百志惟煦,罔违道以干百姓之誉。罔咈百姓以从己之欲,无忌无荒,四夷来王。(尚书:大禹谟)
Do not fail in due atttention to the laws and ordinances. Do not find your enjoyment in indulgent ease. Do not go to excess in pleasure. In your employment o fmen of worth, let none come between you and them. Put away evil without hesitation。Do not try to carry out doubtful plans. Study that all your purposes may be with the light of reason. Do not go against what is right to get the praise of the people. Do not oppose the people to follow your own desires. attend to these things without idleness or omission, and from the four quarters the barbarous tribes will come and acknowledge your sovereignty.p.55.
德惟善政,政在养民水火金木土殼,惟修正德利用厚生,惟和(尚书:大禹谟)
virtue is seen in the goodness of the government, and the government is tested by its nourishing of the people. there are water, fire, metal, wood,earth,and grain,these must be duly regulated; there are the rectification of the people’s virtue, the conveniences of life, and the securing abundant means of sustentation, these must be harmoniously attended to. p.56.
皋陶曰:帝德罔:临下以简,御众以宽,罚弗及嗣,賞延于世,倄过无大, 刑故无小,罪疑惟轻,功疑惟重, 其杀不辜,宁失不轻,好生之德,洽于民心兹用不犯于有司。(尚书:大禹谟)
12. Gaotao said, “your virtue emperor, is faultless. You condescend to your ministers with a liberal ease; you preside over the multitude with a generous forbearance. Punishments do not extend to the criminal’s heirs; while rewards reach to after generations. Your pardon inadvertuent faults, however great; and punish purposed crimes, however small. In cases of doubtful crimes, you deal with them lightly; incases of doubtful merit, you prefer the high estimation. Rather than put to death an innocent person, you will run the rish of irregularity and error. This life loving virtue has penetratedd the minds of the people, and this is why they do not render themselves liable to be punished by your officers.”P.59. James Legge.
帝说,惟汝贤,克勤于邦,克儉于家,不自满假。汝惟不矜,天下莫与汝争能;汝惟不伐,天下莫与汝争功。(尚书:大禹谟)
14.The emperor said, full of toilsome earnestness in the service of the State, and sparing in your expenditure on your family; and this without being full of yourself or elated; you agains show your superiority to other men. Without any prideful presumption, there is no one in the empire to contest with you the palm of ability; without any boasting , there is no one in the empire to contest with you the claim of merit. p.60 James
人心惟危,道心惟微,惟精惟一,允执阙中。无稽之言勿听,弗询之谋勿庸(尚书:大禹谟)
15-16.the mind of man is restless; its affinity for the right way is small. Be discriminating, be undivided, that you may sincerely holdfast the Mean. Do not llisten to unsubstantiated words; do not follow undeliberated plans. p.62 James
蠢兹有苗, 昏迷不恭,侮慢自贤,反道败德,君子在野,小人在位,民弃不保,天降之咎。(尚书:大禹谟)
20.stupid is this prince of Youmiao, ignorant, erring, and disrespectful. Despiteful and insolent to others, he thinks that all ability and virtue are with himself. A rebel to the right, he destroys all the obligtions of virtue. Superior men are kept by him in obscurity, and mean men fill all the offices. the people reject and will not protect him. Heaven is sending calamities down upon him. p. 64
禹曰:惟德动天,无远弗届,满招损,谦受益,时乃天道(尚书:大禹谟)
Yu saying, “it is virtue which moves Heaven; there is no distance to which it does not reach. Pride brings loss, and humility receives increase: this is the way of Heaven. p.65.

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