The Usefulness of Legal Effortlessness

A law that only builds up itself and exists everywhere in life is dangerous which can neither maintain order nor realize justice. The good law not only “exists” in form, but also exists more in “non-existence”. “Doing to rule” is the extreme of “paternalism” in the field of law. Because of the human nature to pursue liberty, only a small part of life belongs to the proper sphere of law, while the major part belongs to the private sphere of self-decision in which the law does nothing. Emphasizing the law's exertion while ignoring its “inaction” is bound to cause the conflict between law and liberty. Only by putting emphasis on the “active” law while attaching great importance to law's “inaction” can a comprehensive and correct understanding of the law be achieved and the value of law in protecting liberty be realized.