1. 其次,在丹宁看来,“公正”是宪法的精神内核。这种精神“它首先植根于人生来就有的追求正义的本能,这种本能引导我们相信什么是正确的,什么是不正确的,这是社会的真正基础。”〔22〕它是由我们长期的经历和传统而形成的一种氛围,感觉得到,却看不见;体会得到,却不能学。例如在威廉·卢夫斯大厅曾进行过对培根的公正判决和对萨默斯的公正赦免,在这座大厅,查理曾平静地面对高等法庭,挽回了自己的声誉……它不是他的智力产品,而是他的精神产品。宗教关心的是人的精神,人凭着这种精神就能认识到什么是公正。〔23〕不难判断,丹宁强调“公正”是法律的核心品质,是立法、司法的指导思想。正如罗尔斯的正义首先适用于制度正义一样,公平正义是制度尤其应该具有的美德。

1. Secondly, in Denning's view, "justice" is the core spirit of the constitution. This spirit "firstly originates from the innate pursuit of justice that humans are born with, which guides us to believe what is right and what is wrong, which is the true foundation of society." [22] It is an atmosphere formed by our long-term experiences and traditions, which can be felt but not seen; experienced but not learned. For example, in the William Rufus Hall, there was a fair judgment of Bacon and a fair pardon of Somers, in this hall, Charles calmly faced the High Court and restored his reputation... It is not his intellectual product, but his spiritual product. Religion cares about the human spirit, and it is through this spirit that people can recognize what is just. [23] It is not difficult to judge that Denning emphasizes that "justice" is the core quality of the law, the guiding principle of legislation and judicial practice. Just as Rawls's justice first applies to institutional justice, fair justice is an virtue that institutions should especially possess.

2. 没什么比无辜的当事人更让我心惊肉跳。

2. There is nothing that makes my heart race as much as an innocent party.

3. 你在路上混（当流氓）肯定很不错。

3. It must be pretty cool for you to hang around on the streets as a hooligan.

4. 在英国,律师与法官作为法律职业共同体的主体,依靠各自的知识,既各自忠实地履行着法律赋予的不同职责,又共同追求着司法公平与正义目标的实现,保证着司法的公正和社会的秩序,在司法系统中扮演着重要的角色。因此在英国,律师是一个“精英的职业阶层,有较高的社会地位,丰厚的薪酬待遇,并且在适用法律上处于核心地位。”〔35〕可以说,英国律师是司法公正的追随者。在丹宁的心目中,追求和实现公正是律师的天职。无疑,律师公正是实现司法公正的重要力量。

4. In the United Kingdom, lawyers and judges are the main bodies of the legal profession community, relying on their respective knowledge, they each faithfully fulfill the different responsibilities entrusted to them by the law, and they also jointly pursue the realization of the goals of judicial fairness and justice, ensuring the fairness of the judiciary and the order of society, and play an important role in the judicial system. Therefore, in the UK, lawyers are considered an "elite professional class with a high social status, generous remuneration, and a core position in the application of the law." [35] It can be said that British lawyers are followers of judicial fairness. In Denning's eyes, the pursuit and realization of justice are the natural duty of lawyers. There is no doubt that lawyer's justice is an important force in achieving judicial fairness.

5. 我正在离去，因为，你从未开口要求我留下。

5. I am leaving because, you never asked me to stay.

6. 无所谓能到哪里，但是要在一起。

6. It doesn't matter where we go, but we should be together.

7. 很想感谢我，很想夸夸我对吧！

7. You must want to thank me and praise me, right?

8. 总之,在漫长的职业生涯中,丹宁勋爵为英国法律的公正作出了杰出的贡献。司法是一种适用法律的过程,其公正与否,首先取决于所适用之法是否公正。如果法律本身就不具有公正的性质,司法适用法律的方式再准确、再科学、再高明,也只能得出一个不公正的结果。〔34〕因此,作为法律职业只有在追求法律公正的前提下,才能实现职业自身的公正性,无论律师或是法官在追求和实现公正的道路上,应该坚持从法律公正做起。

8. In summary, throughout his long career, Lord Denning made an outstanding contribution to the fairness of British law. Justice is a process of applying the law, and whether it is fair or not primarily depends on whether the law applied is fair. If the law itself does not possess the nature of fairness, then no matter how accurate, scientific, or brilliant the method of applying the law is by the judiciary, only an unfair result can be achieved. [34] Therefore, as a legal profession, only by pursuing legal fairness can the fairness of the profession itself be realized. Whether lawyers or judges, they should adhere to the pursuit and realization of fairness by starting with legal fairness.

9. 保释前关于案子的事情什么都别说。

9. Do not say anything about the case before being released on bail.

10. 丹宁的父母都是非常正派的人,“父亲善良,有思想,受到大家的热爱。妈妈坚强,做事有决心,从不讲废话。”〔3〕这些品格对幼小的丹宁思想品格的形成起到了潜移默化的作用。特别是他的父亲担任陪审员的经历对丹宁的影响更大。丹宁的父亲主要职业是经营绸布店,但是曾被政府应召在巡回法庭当陪审员,几乎每天都去法院。陪审制度是英国维护司法公正的重要措施之一,它原本为法国的制度, 1066年随着诺曼入侵被带入英国,给英国的法律打上了深深的印记。丹宁的父亲在担任陪审员期间,工作认真,为人公正,据说当时的红衣法官约翰·劳伦斯对他印象很好。丹宁也深感受父亲思想熏陶较多,他说:“早在我参加陪审团时,我就知道有关陪审团的一些事情。他是户主,而且完全有资格担任陪审员。陪审是这样一种工作,它为一般人上了有关公民权的最有用的一课。它是一门在以前八百年间代代相传的课程。被任命为陪审员的英国人在主持正义方面确实起到了决定性的作用。”〔4〕因为当时的陪审员必须具备这样的品质:他们必须能将自己一般的判断力用在需要作出判断的工作上;必须具有关于世界和人的知识;具有个人从属于社会这种概念,做到公平合理这种愿望是他们行动的动力;尤为重要的是,他们都愿意努力争取对他们要解决的争端作出公平的决断。〔5〕因此,英国民众将陪审团参与法庭审判作为实现司法公正和社会公正的重要手段。那么,生活于这种社会环境和家庭氛围当中的丹宁,其思想自然也受到这种公正价值观念的影响,以致年仅10岁的丹宁就萌生了长大当一名公正的使者———律师的念头。“有一次———当时我大概10岁———我抬着头对妈妈说:‘我想,我应该当律师’。”〔6〕尽管当时他还不明白律师是干什么的,但是他已知道律师与陪审员一样是正直的人,是维护社会公正的人。

10. Danning's parents are both very upright people: "The father is kind, thoughtful, and loved by everyone. The mother is strong, decisive, and never talks nonsense." [3] These traits subtly influenced the formation of Danning's thoughts and character from a young age. Especially, the experience of his father serving as a juror had a significant impact on Danning. Danning's father's main occupation was running a silk and fabric store, but he was once called upon by the government to serve as a juror in the circuit court and went to court almost every day. The jury system is one of the important measures for the British to maintain judicial justice. It was originally a French system, brought to Britain with the Norman invasion in 1066, leaving a deep mark on British law. While serving as a juror, Danning's father worked diligently and was just, and it is said that the then Lord Chief Justice John Lawrence had a good impression of him. Danning also deeply felt the influence of his father's thoughts, saying, "Even before I joined the jury, I knew something about it. He was the head of the household and fully qualified to serve as a juror. The jury is such a job, it is the most useful lesson in civil rights for the general public. It is a course that has been passed down from generation to generation for the past eight centuries. British people appointed as jurors have indeed played a decisive role in upholding justice." [4] Because the jurors at that time had to possess such qualities: they had to be able to apply their general judgment to the work that required judgment; they must have knowledge about the world and people; having the concept of individuals being subordinate to society and the desire for fairness and reasonableness as the driving force for their actions; most importantly, they were willing to strive to make fair decisions on the disputes they had to resolve. [5] Therefore, the British people regarded the involvement of the jury in court trials as an important means to achieve judicial justice and social justice. So, living in such a social environment and family atmosphere, Danning's thoughts were naturally influenced by this value of justice, and at the age of 10, he had the idea of growing up to become a just messenger—lawyer. "Once—I was about 10 years old—I looked up at my mother and said, 'I think I should be a lawyer.'" [6] Although he didn't quite understand what a lawyer did at the time, he knew that lawyers, like jurors, were upright people who maintained social justice.

11. 我不免费工作！如果没钱请律师，不要犯法！?>

11. I do not work for free! If you can't afford a lawyer, don't break the law!?>

12. 值得一提的是,律师还通过法律援助的形式保障司法对弱势群体的公正。丹宁指出,“我常说,自第二次世界大战以来,法律方面最重要的革命就是法律援助。”〔46〕律师法律援助在英国早期是出于一种慈善动机,是对贫穷的当事人提供无偿的法律帮助,属于律师良心和道德上的义务。随着资本主义制度的发展及人权观念的传播,法律援助转化为一种国家的政治责任。“二战”后,资本主义的经济发展和政治变化使社会本位思想成为主流,法律援助成为国家保障当事人之间真正平等的义务,强调法律面前人人平等,全面实现公正司法的理想和目标。丹宁所提倡的法律援助正好与这种潮流相适应,也是律师实现司法公正的途径之一。

12. It is worth mentioning that lawyers also ensure justice for the vulnerable groups through the form of legal aid. Denning pointed out, "I often say that the most important revolution in the legal field since the Second World War has been legal aid." [46] The legal aid provided by lawyers in the early days of the United Kingdom was out of a charitable motive, providing free legal assistance to poor parties, which belonged to the lawyers' moral and ethical obligations. With the development of the capitalist system and the spread of the concept of human rights, legal aid has transformed into a national political responsibility. After the Second World War, the economic development of capitalism and political changes led to the dominance of social-centric thought, and legal aid became the state's obligation to ensure genuine equality between parties, emphasizing equality before the law, and fully realizing the ideal and goal of fair judicial practice. The legal aid advocated by Denning is in line with this trend and is also one of the ways for lawyers to achieve judicial justice.

13. 首先,丹宁主张律师自身在思想观念上应追求公正,不懈努力,“正像科学家寻求真理一样,律师应该寻求公正;正像科学家通过很多实例自己得出一般命题一样,律师也应该通过很多判例自己建立一般的原则;正像科学家发现自己的命题不适于所有实例时就修改,或者发现自己的命题是错误的时候就得完全抛弃一样,律师发现自己的原则不适于所有情况时就应该进行修改,或者发现它们会产生不公正的结论的时候就应该抛弃。”〔39〕在丹宁看来,只有通过这种办法,律师才能为实现司法公正和社会公正作出贡献。观念决定行动,一个人只有在思想观念中树立起公平正义的意识,才能在行动中切实表现出来。为此,丹宁还批评了某些律师片面依赖法规忽视公正的思想,指出,对一些律师来说,法规就是一切,正确与否没有关系。他们经常咬文嚼字而忽视法律条文的实质,他们反复推敲文字,然后在使用上不敢越雷池一步。词义对他们来说是法律上的事而不是平民百姓的事。那些对社会有责任感的律师,应该尽自己的力量去探索,使法律的原则和公正保持一致。如果他做不到这一点,他将失去人民的信任,法律也会名誉扫地,国家的稳定将会因此而动摇。〔40〕他把一些“只关心法律事实上是怎样,而不是它应该怎样”的律师比做“只知砌砖而不对自己所建筑的房子负责的泥瓦匠”。〔41〕这个比喻很恰当地批评那些只知道处理案件本身,而不顾及案件处理公正性的问题,强调律师应该关注所处理案件背后的公正精神。

13. Firstly, Denning argues that lawyers themselves should strive for justice in their own ideological beliefs and work tirelessly, "Just as scientists seek truth, lawyers should seek justice; just as scientists establish general propositions through many instances, lawyers should also establish general principles through many precedents; just as scientists modify their propositions when they find them unsuitable for all instances, or discard them completely when they find them to be wrong, lawyers should modify their principles when they find them unsuitable for all situations, or discard them when they find they will lead to unfair conclusions." [39] In Denning's view, only through this method can lawyers contribute to the realization of judicial justice and social justice. Ideology determines action, and only a person who establishes the consciousness of fairness and justice in their own ideological beliefs can truly demonstrate it in their actions. For this reason, Denning also criticized the idea of some lawyers who rely solely on regulations and ignore justice, pointing out that for some lawyers, regulations are everything, and whether they are correct or not does not matter. They often nitpick the text and ignore the essence of the legal provisions, meticulously examining the words and then hesitating to take a step beyond the bounds when using them. To them, the meaning of words is a legal matter, not a matter for ordinary people. Lawyers who are responsible to society should exert their efforts to explore and ensure that the principles of law and justice remain consistent. If they cannot do this, they will lose the trust of the people, the law will lose its reputation, and the stability of the nation will be shaken as a result. [40] He compares some lawyers who "only care about how the law actually is, not how it should be" to "bricklayers who only know how to lay bricks but do not take responsibility for the house they build." [41] This metaphor appropriately criticizes those who only deal with the case itself and do not consider the issue of the fairness of the case handling, emphasizing that lawyers should pay attention to the spirit of justice behind the cases they handle.

14. 但你洗脱了他的罪名，他还在逍遥法外，对吧？你这该死的！

14. But you cleared him of the charges, and yet he's still free and doing his own thing, aren't you? You damned person!

15. 要是我准备好了倒不妨一试。

15. If I'm ready, it wouldn't hurt to give it a try.

16. 司法公正是司法工作的最高理念。通常意义上,“公正”( impartiality)一词含有平、正义、平等之义, 20世纪英国著名的法官和享有世界声誉的法学家———阿尔弗雷德·汤普森·丹宁(Alfred Thompson Denning)(1899-1999年)以自己的亲身实践和著作理对“公正”作了经典的诠释。他从1923年当律师,到1982年在上诉法院院长(Master oRolls)岗位退休,一共从事法律职业60年。令人感动的是,他在80岁以后通过著书说〔1〕继续思考英国的法律事业,阐发自己对法律职业的追求及感悟。在这些著作中,宁勋爵以他亲身经历的案件的辩护和审判的实践为内容,结合法学理论阐发了他对英法律及司法制度的观点和看法。通览这些著作,不难发现,丹宁勋爵是司法公正思想的极倡导者和践行者。在几十年的法律职业生涯中,丹宁勋爵面对时代的挑战,始终以追文明和进步,实现公平和正义为目的,在当代世界司法制度史上留下了难以磨灭的印象,他的司法公正思想值得追思,更值得当下的法律职业者学习和借鉴。

16. Judicial justice is the highest ideal of judicial work. In the usual sense, the word "justice" (impartiality) conveys the meanings of fairness, righteousness, and equality. The famous British judge and world-renowned legal scholar Alfred Thompson Denning (1899-1999) gave a classic interpretation of "justice" through his own practice and writings. From 1923 when he became a lawyer to his retirement from the position of Master of the Rolls in the Court of Appeal in 1982, he engaged in the legal profession for a total of 60 years. It is moving that after he turned 80, he continued to reflect on the legal profession in Britain through his writings [1], expressing his pursuit and insights into the legal profession. In these works, Lord Denning used the defense and trial practices of cases he had personally experienced as the content, and combined them with legal theory to elaborate on his views and opinions on British law and the judicial system. A general review of these works reveals that Lord Denning was a passionate advocate and practitioner of the idea of judicial justice. Throughout his decades-long legal career, Lord Denning faced the challenges of the times, always pursuing civilization and progress, and striving to achieve fairness and justice, leaving an indelible impression in the history of contemporary world judicial systems. His thoughts on judicial justice are worth reflecting upon, and they are even more worthy of being learned and referred to by contemporary legal professionals.

17. 在成长的过程中,丹宁受英国著名法官公正思想的影响也是非常明显的。在《法律的未来》一书中,丹宁专门提到了一些他所崇拜的法官。英国是一个具有公正传统的国家,而对司法公正思想作出有力阐发的是那些不朽的法官们。例如,亨利·布雷克顿提出了“国王不受制于人,但受制于上帝和法律”的要求,以确保法律公正。弗朗西斯·培根对法官的警示:一次不公的判断比多次不平的举动为祸犹烈。这些不平的举动不过弄脏了水流,而不公的判断则把水源败坏了。爱德华·科克“作为首席法官,他是聪明的、公正的。”〔10〕特别是科克大法官在任王座法院首席法官期间,为了司法公正,敢于与国王抗争。在1617年的薪俸代领权案件〔11〕中,国王派人送信给科克,让科克同国王商议之后再审理此案,被科克断然拒绝。科克认为,“如果服从陛下的命令,停止审案,那么就会拖延实施公正。这是违反法律的,也是违反法官的誓词的。”〔12〕科克的这一行动遭到国王的报复,很快被国王免去了法官职务。但是,在英国民众的心目中,科克永远是公正的化身。丹宁所崇拜的另一名法官兼法学家———曼斯菲尔德,也是因为曼斯菲尔德具有把公平和良心的原则输入到我们法律的固定公式之中的品格,“他使法律摆脱了陈规旧套,细枝末节和一些狭隘的想法。他把广泛的公平与合理的原则带进了法律之中。”〔13〕丹宁盛赞曼斯菲尔代写论文德对司法的态度:实现公正,即使天塌下来(Fiat justitia, ruat coelum)。著名法官沃尔西也是丹宁所尊敬的前辈,丹宁曾指出,“《亨利八世》中沃尔西的劝告———‘做人要公正,不要怕’等等符合我的哲学,也是我追求的目标。”〔14〕显见,英国历史上的上述著名法官和法学家关于公正的各种注解,对丹宁司法公正思想的生成起到了关键性作用。

17. In the process of growing up, it was very obvious that Denning was also greatly influenced by the just ideas of the famous British judges. In his book "The Future of Law," Denning specially mentioned some judges he admired. Britain is a country with a tradition of justice, and it is the immortal judges who have made powerful elaborations on the idea of judicial justice. For example, Henry Bracton proposed the requirement of "the king is not subject to anyone, but is subject to God and the law" to ensure the justice of the law. Francis Bacon warned judges: "One unfair judgment is more harmful than many unfair acts." These unfair acts only dirty the water, but unfair judgments corrupt the source of water. Edward Coke, "As Chief Justice, he was wise and just." [10] Especially during the tenure of Coke as Chief Justice of the King's Bench, he dared to resist the king for the sake of judicial justice. In the 1617 case of salary collection rights [11], the king sent a letter to Coke, asking him to discuss the case with the king before hearing it, which was firmly refused by Coke. Coke believed that "if we obey the陛下's command and stop hearing cases, it would delay the implementation of justice. This is against the law and against the judges' oaths." [12] Coke's action was retaliated by the king, and he was quickly removed from his position as a judge. However, in the hearts of the British people, Coke was always the embodiment of justice. Another judge and legal scholar whom Denning admired was Mansfield, also because Mansfield had the character of incorporating the principles of fairness and conscience into our legal formulas, "he freed the law from old conventions, trivial matters, and some narrow ideas. He brought the principles of broad fairness and reason into the law." [13] Denning highly praised Mansfield's attitude towards justice: "Achieve justice, even if the sky falls (Fiat justitia, ruat coelum)." The famous judge Wolsey is also a respected predecessor by Denning, who once pointed out, "Wolsey's advice in 'Henry VIII' — 'Be just and do not be afraid' and so on is consistent with my philosophy and also my pursuit." [14] It is evident that the various annotations on justice by the famous judges and legal scholars in British history played a crucial role in the formation of Denning's judicial justice thought.

18. 让坐牢的人出庭作证。

18. Let those who are in prison give evidence in court.

19. 由于自小对法律的热爱和向往,〔36〕使丹宁在1920年大学毕业选择职业时,再次将目光转向了法律领域———当一名律师。1921年10月,他再次回到马格德林学院,拿起法律课本,开始学习法律。后来,丹宁又进了林肯律师学院, 1922年10月开始直接在律师事务所实习,开始了自己的法律职业生涯。在这里,丹宁进一步接受专业训练,思想也更加成熟。就在林肯律师学院图书馆的中央,有一尊雕像,那是当时最伟大的辩护律师———托马斯·厄斯金。托马斯·厄斯金从事律师工作期间,始终将公正作为自己追求的目标,他有一名言:“我将永远不遗余力地维护英格兰律师的尊严、独立和正直,没有这些无私的公正———英格兰法最有价值的部分———就不能存在。”〔37〕托马斯·厄斯金的这一名言,丹宁铭记在心,并常常对他的学生们重复这段名言。可见,托马斯·厄斯金作为一名律师的公正思想对丹宁有很深的触动,丹宁在自己20余年的律师职业〔38〕中,也一直坚持公正原则,为实现司法公正而奋斗着。

19. Due to his early love and aspiration for law, [36] Denning turned his attention back to the legal field when he chose a career after graduating from university in 1920 — becoming a lawyer. In October 1921, he returned to Magdalen College, picked up his law textbooks, and began studying law. Later, Denning also attended Lincoln's Inn, and in October 1922, he began his legal career by directly interning at a law firm. Here, Denning further received professional training and his thoughts became more mature. In the center of Lincoln's Inn library, there is a statue of the greatest defense lawyer of that time — Thomas Erskine. During his time as a lawyer, Thomas Erskine always pursued justice as his goal, and he had a famous saying: "I will always spare no effort to uphold the dignity, independence, and integrity of English lawyers; without these selfless principles of justice — the most valuable part of English law — it cannot exist." [37] Thomas Erskine's famous saying was deeply imprinted on Denning's mind, and he often repeated this saying to his students. It is evident that Thomas Erskine's idea of justice as a lawyer deeply touched Denning. Throughout his over 20 years as a lawyer [38], Denning also consistently adhered to the principle of justice and fought for judicial justice.

20. 直到马丁内斯自由，你被定罪谋杀，我都不会放弃，当那致命的针头插进你的胳膊，那是我要的结果！

20. I will not give up until Martinez is free, and when that fatal needle is inserted into your arm, that is the result I want!

21. 除了你自己没有人知道你想要什么。

21. No one but yourself knows what you want.

22. 再次,丹宁所认为的公正法律必须不断更新。丹宁指出:“法律应该得到修正,以保证实现公正,或者尽可能地接近公正。”〔28〕法律应不断更新才符合公正的精神,以满足公正司法的需求。“那些由19世纪的法官们确立的法律原则———尽管适合当时的社会状况———但是不适合20世纪的社会需要和社会见解……”;“必须记住,无论哪一项法律什么时候被提出来考虑,人们都没有能力预见到在实际生活中可能出现的多种多样的情况。”〔29〕当然,这一任务多半由法官来完成。丹宁认为,法官在审案和判案的过程中,应该随着社会的变化和时代的发展创造出与生活的步调相一致的公正判案原则。他常常在上议院发言指出,要实现法律的公正就需要对法律进行创造性的解释。〔30〕社会生活的变迁,法律必须更新,否则难以体现公正。

22. Furthermore, Denning believed that just laws must be constantly updated. Denning pointed out: "The law should be amended to ensure justice, or as close to justice as possible." [28] Laws should be continuously updated to align with the spirit of justice and meet the needs of just administration of justice. "Those legal principles established by judges in the 19th century – although suitable for the social conditions of the time – are not suitable for the social needs and perspectives of the 20th century..."; "It must be remembered that whenever any law is proposed for consideration, people are unable to foresee the various situations that may arise in real life." [29] Of course, this task is mostly carried out by judges. Denning believed that judges should, in the process of adjudicating cases, create principles of just judgment that keep pace with the changes in society and the development of the times. He often spoke in the House of Lords, pointing out that to achieve the justice of the law requires creative interpretation. [30] Social changes necessitate the updating of laws; otherwise, it is difficult to reflect justice.

23. 复次,丹宁主张律师在为当事人服务的过程中应坚持法律公正,不应无原则地维护当事人的利益。在英国的法庭上,律师对于自己所知晓的与其所受理案件相关的判例即使不利于当事人,原则上也应在法庭上陈述。有学者认为,这种做法主要源于这样一种理念:出庭律师除了维护当事人的利益外,更重要的还是应该根据公正原则帮助法院发现案件事实真相,从而实现司法公正。〔45〕从这个意义上,不难推断:律师公正是实现司法公正的重要力量。

23. Furthermore, Denning argues that lawyers should uphold legal justice in the process of serving their clients and should not unprincipally defend their clients' interests. In British courts, lawyers should, in principle, present the case law they are aware of that is related to the case they are handling, even if it is not favorable to the client. Some scholars believe that this practice mainly originates from the idea that, besides defending their clients' interests, it is more important for a barrister to assist the court in discovering the truth of the case based on the principle of justice, thereby achieving judicial justice. [45] From this perspective, it is not difficult to infer that lawyer justice is an important force in achieving judicial justice.

24. 你知道我是有底线的。

24. You know I have my limits.

25. 信任就像橡皮擦，在一次一次的错误中慢慢损耗变小。

25. Trust is like an eraser, slowly wearing down and shrinking in size with each mistake.

26. 我希望尽快处理掉这件事情。

26. I hope to handle this matter as soon as possible.

27. 这样的地板你敢上去那才叫牛B。

27. It's only cool if you dare to step on such a floor.

28. 我曾有个委托人，把他前妻的头砍了下来放在冰箱里。检察官想把另两宗未解决的谋杀案推到他头上，于是编造证据陷害我的委托人。

28. I once had a client who cut off his ex-wife's head and put it in the refrigerator. The prosecutor wanted to pin two unsolved murder cases on him, so he concocted evidence to frame my client.

29. 再次,“公正是与制度性因素相关的正义。”〔47〕在丹宁等法学家的倡导下,英国逐步建立了律师的相关制度,使得律师公正有制度做保障,具体说来,英国律师负有以下义务:其一,维护职业独立性的义务,不受其他组织和个人的干涉,并须单独开业;其二,维护职业声誉的义务,不得作广告或招徕业务;其三,忠于委托人不得欺骗委托人;其四,忠于法院,若委托人的具体要求与辩护律师对法院的义务有抵触,“辩护律师必须对此不予理睬,否则将要为此承担责任。”〔48〕这些义务为律师公正执业,实现公正提供了制度上的保障,使得律师“正如广大公民所了解的律师的命名———正直和高尚的楷模”。〔49〕并且,在英国律师的职业意识中,任何对经济利益的追逐,或因追逐利益被当事人所支配,牺牲自己的独立地位或原则,都是对自己神圣职责的玷污。出庭律师声称他们出庭时不代表当事人的任何一方,是履行独立辩护的“高贵职务”。〔50〕可见,律师公正是实现司法公正的重要力量和保障。

29. Again, "Justice is associated with institutional factors." [47] Under the advocacy of judges like Denning, Britain gradually established the relevant system for lawyers, ensuring that the fairness of lawyers is protected by institutions. Specifically, British lawyers have the following obligations: Firstly, the obligation to maintain professional independence, which means they should not be interfered with by other organizations or individuals and must practice alone; secondly, the obligation to maintain professional reputation, which prohibits advertising or soliciting business; thirdly, loyalty to clients, which means they must not deceive their clients; fourthly, loyalty to the court, which requires that if a client's specific demands conflict with the lawyer's obligations to the court, "the lawyer must ignore this, otherwise he will be held responsible." [48] These obligations provide institutional guarantees for lawyers to practice justice fairly and achieve justice, making lawyers "just as the general public understands the name of lawyers — the model of integrity and nobility." [49] Moreover, in the professional consciousness of British lawyers, any pursuit of economic interests, or being dominated by clients due to the pursuit of interests, sacrificing their independent position or principles, is a stain on their sacred duties. Barristers claim that they do not represent either party when they appear in court, but are performing the "noble duty" of independent defense. [50] It is evident that the fairness of lawyers is an important force and guarantee for the realization of judicial justice.

30. 其次,丹宁认为律师应不断学习,只有专业过硬,才能公正执业。律师是依靠自己所掌握的法律知识和技能,服务于社会公众的一种自由职业。在普通法系国家,律师与法官一样,在参与司法审判实践时,要利用自己的经验和技能,解释成文法,寻找与案件最相类似的判例来适用,需要通过自己的知识、诉讼经验以及长期所养成的判断力进行仔细的推敲和认定,才能公正处理案件。丹宁深切地理解这一点,他指出:“毫无疑问,律师的任务———也是法官的任务———(解释成文法)是找出国会的意图(符合公正精神)。当然,在寻找国会的意图时,你必须从成文法所使用的词句开始。”〔42〕对于参与诉讼的律师来说,他必须在诉讼的整体意义上,遵循法官的判例,来把握法律适用的真谛,即通过认真研究法官对判例的适用,努力找出与本案事实、性质最相似的判例,引证对本案最有利的适用,说服法官作出有利于本案当事人、符合公正精神的判决。所以,“我在学习律师时,我在图书馆花了很多很多时间———就像现在的学生一样。我当上律师以后,我仍在那里花很多时间,查找案例。”〔43〕以致丹宁认为律师是所有专业人员当中最勤勉的,只有不断学习,才能具备公正执业的条件。

30. Secondly, Denning believed that lawyers should continuously learn, as only with a solid professional foundation can they practice justice. Lawyers are a type of free profession that serves the public, relying on their own legal knowledge and skills. In common law countries, like judges, lawyers must use their own experience and skills when participating in judicial practice, interpret written law, find the most similar precedent cases to apply, and need to carefully weigh and determine through their knowledge, litigation experience, and the judgment they have cultivated over time in order to handle cases fairly. Denning deeply understood this point and said, "There is no doubt that the task of lawyers — and also judges — (interpreting written law) is to find out the intention of Parliament (in line with the spirit of justice). Of course, when looking for the intention of Parliament, you must start with the words used in the written law." [42] For lawyers involved in litigation, they must, in the overall meaning of the lawsuit, follow the precedents set by judges to grasp the essence of legal application, that is, by carefully studying how judges apply precedents, strive to find the most similar precedent to the facts and nature of the case, cite the most favorable application for the case, and persuade the judge to make a judgment in favor of the parties involved in the case and in line with the spirit of justice. Therefore, "When I was studying to be a lawyer, I spent a lot of time in the library — just like today's students. After I became a lawyer, I still spent a lot of time there, looking up cases." [43] To the extent that Denning believed that lawyers are the most diligent among all professional personnel, and only through continuous learning can they meet the conditions for fair practice.

31. 你们这样的大人物肯定有很好的人选。

31. People of your stature must surely have excellent candidates.

32. 在当律师初期,丹宁一边从事律师工作,一边参与编辑《史密斯判例集》,定期去温切斯特和埃克赛特的巡回法庭,听取并决定“与实现公正有关的诉因”。就这样,丹宁在当了15年的新进律师之后不久,由于出色的表现被授予“王室法律顾问”的称号, 1938年4月7日他穿上了丝袍,开始从事王室法律顾问的工作。此时的丹宁工作更加认真,成绩卓著,赢得了赞誉:“有一位律师,是一位杰出的人,审慎、聪明……由于他的学识和名望,他领受过许多酬金和赠予的衣物,再也没有比他还忙碌的人,而近来他越来越忙了。自从威廉一世以来,每一件法案判例他都记得清楚,每一条法令,他也能逐字背得出。”〔44〕可以说,专业知识和技能的精湛为丹宁律师职业地位的提升、名誉的确立提供了保障,更重要的是为其公正执业、实现司法公正扫清了障碍。

32. In the early years of his legal career, Denning, while engaged in his legal practice, also participated in the editing of the "Smith Reports" and regularly visited the circuit courts in Winchester and Exeter to listen to and decide on "cases related to the achievement of justice." It was not long after Denning had been a practicing lawyer for 15 years that he was awarded the title of "King's Counsel" due to his outstanding performance. On April 7, 1938, he donned the silk robe and began his work as a King's Counsel. At this time, Denning worked even more diligently and achieved remarkable results, earning praise: "There is a lawyer, an outstanding person, cautious, smart... Due to his knowledge and reputation, he has received many fees and gifts, and there is no one busier than him, and he has become even busier recently. Since the reign of William I, he has clearly remembered every act of legislation and every law, which he could recite word for word." [44] It can be said that the expertise and skills he mastered provided a guarantee for the enhancement of Denning's professional status and the establishment of his reputation, and more importantly, they cleared the obstacles for him to practice law fairly and achieve judicial justice.

33. 时间就像一张网，你撒在哪里，收获就在哪里！

33. Time is like a net; where you cast it, there you will reap!

34. 你走的出我的视线，却永远走不出我对你的思念。

34. You can step out of my sight, but you will never escape my longing for you.

35. 丹宁极力主张法律自身的公正性,他认为“法律是涉及公正的,什么是公正”“我要提出的只是,公正不是你们能看到的什么东西。它不是一时的,而是永恒的。一个人怎样才能知道公正是什么呢法律是在我们日常事务中运用公正———尽管还不是完全正确地运用。”〔15〕他还指出,人民服从法律的重要原因在于法律是公正的,“人民尊重那些真正正确和公正的法律规则,并希望他们的邻居也服从它们,当然,他们自己也服从它们;但他们对那些不公正的法律的感觉是不一样的。如果要人们感到对法律有一种义务感,那么法律就必须尽可能地与公正保持一致。”〔16〕也就是说,只有“良法”才能获得普遍的服从,这与亚里士多德的法治理论一脉相承。丹宁所主张的公正法律体现在以下几个方面:首先,符合自然公正的原则。自然公正(natural justice)是西方社会的一条最基本的法则,〔17〕也是英国法院采行的一条最基本的宪法原则,在法律上它适合于一切案件的审理。它包括法官在审案时不得偏袒任何一方,必须给予被告以充分的辩护、申诉的权利等。在丹宁那里,“无疑,倘若一个裁判未遵守自然公正法或者偏袒,其判决是无效的;而且可以以调卷令撤销,或以宣告无效来达到这种效果。”〔18〕例如在《坎达诉马来亚政府案》中,丹宁指出,防止偏袒的法则和申诉的权利经常被称为自然公正的基本特征,它们是支撑自然公正的一对柱石。罗马人曾用Nemo judex in causa sua, andAudi alteram par-tem表示“任何审案法官不得偏袒任何一方”,如今经常用这样两个词表达无偏和公正。丹宁指出,“在每一个案件中,不管你是采用由执政官掌握的罗马衡平法还是采用由大法官掌握的英国衡平法,衡平法都会提出自然公正的原则。衡平法主张这些原则高于当时存在的所有法律,因此,应该求助于这些原则去减轻法律的严厉性,软化法律的僵硬性。”〔19〕在法律思想史上,普通的公平正义观念往往都是和自然法联系在一起的,特别是在人类发展的早期,“自然法往往被理解为一个符合正义要求的、完整的和现成的规则制度,而不管它们在一国的实定法中是否得到了正式表达。”〔20〕并且,“自然正义规则是为了确保法律秩序得到公平的和有规则的维持。”〔21〕当然,英国的衡平法(Equity)最能体现公正的精神,它遵循公平合理的基本原则,对普通法院不予受理的案件进行审理。衡平法与自然公正原则是一致的。

35. Denning strongly advocates for the inherent justice of the law itself, arguing that "Law is concerned with justice; what is justice?" He states, "What I propose is that justice is not something you can see. It is not transient but eternal. How can one know what justice is? The law applies justice in our everyday affairs — though not yet correctly." [15] He also points out that the main reason people服从 the law is because it is just. "People respect those truly correct and just legal rules and hope that their neighbors will also comply with them, of course, they themselves comply with them; but they have a different feeling towards unjust laws. If people are to feel a sense of duty towards the law, then the law must be as consistent with justice as possible." [16] That is to say, only "good laws" can gain universal obedience, which is consistent with Aristotle's theory of rule of law. Denning's proposed just law is reflected in the following aspects: Firstly, it conforms to the principles of natural justice. Natural justice is a fundamental principle in Western society [17] and also a fundamental constitutional principle adopted by British courts, which is applicable to the trial of all cases. It includes that judges must not show bias in the trial and must give the defendant sufficient rights to defense and appeal. In Denning's view, "Certainly, if a judgment does not comply with the principles of natural justice or is biased, the judgment is invalid; and this can be achieved by means of a mandamus or by declaring it invalid." [18] For example, in the case of "Kanda v. Government of Malaya," Denning pointed out that the principles of preventing bias and the right to appeal are often called the basic features of natural justice, and they are the two pillars supporting natural justice. The Romans used "Nemo judex in causa sua" and "Audi alteram partem" to express that "No judge may show bias in any case," and these two words are often used to express impartiality and justice. Denning noted, "In every case, whether you adopt the Roman law of equity under the control of the consul or the British law of equity under the control of the Lord Chief Justice, the law of equity will propose the principle of natural justice. Equity argues that these principles are higher than all existing laws, and therefore, it should resort to these principles to mitigate the severity of the law and soften its rigidity." [19] In the history of legal thought, the ordinary concept of fairness and justice is often associated with natural law, especially in the early stages of human development. "Natural law was often understood as a complete and ready-made system of rules that meets the requirements of justice, regardless of whether they were formally expressed in the positive law of a country." [20] Moreover, "the rules of natural justice are designed to ensure that the legal order is maintained fairly and orderly." [21] Of course, British equity (Equity) best embodies the spirit of justice, which follows the basic principles of fairness and reasonableness and adjudicates cases that the common law courts do not accept. Equity is consistent with the principle of natural justice.

36. 没有人会说自己不是无辜的。

36. No one would claim to be innocent.

37. 你不是第一个用家人威胁我的疯子，可是你害怕吗，以你现在的处境非常危险。

37. You are not the first crazy person to threaten me with family, but are you afraid? Your current situation is very dangerous.

38. 最后,法律条文在适用过程中必须结合公正理念,按照英国历史上的著名法官托马斯·沃尔西的观点:在某些案件中有必要离开法律文字去追求理智和公正所要求的内容,追求公正本来的意图。也就是说,去减轻和软化法律的残酷性。沃尔西在大法官法院主持了14年,出庭审判总是守规守时,在实现司法公正方面成就卓著,他的判决被认为是公平合理的,他的司法工作声誉很高。丹宁认为这些主要归功于沃尔西坚持法律公正的原则,丹宁在自己的司法生涯中也以沃尔西为榜样,坚持法律公正,为实现司法公正不懈努力。在长期的法律工作中,丹宁勋爵亲身见证了英国法律的发展历程, 1984年他在《法律的界碑》一书里提到:“可以说,在我任职的时间内法院已经重新发现了新的衡平法。它是公平的、合理的、也是灵活的,但‘不像大法官的脚’,是变化无常的,这是一个伟大的成就。”〔31〕事实上,在任何一个法律制度中,社会公众对司法过程中那个扮演着“主持正义角色”的裁判者都有一种最基本的预期,这就是当他借助于公共权力来平衡那些相互冲突的利益时,应当使争议的各方所得到的利益或不利既不比他们“应得的一份”多,也不比他们“应得的一份”少,否则就会被认为背离了司法公正的要求。〔32〕有如学者所言,“司法公正是一种法律之内的正义,这意味着它是以合法性的形态存在着的正义,同时,也意味着它是具有法律性质的制度伦理意义上的正义。”〔33〕

38. Finally, in the process of applying legal provisions, the concept of justice must be combined. As the famous English judge Thomas Wolsey once said in history: In some cases, it is necessary to depart from the literal wording of the law to pursue the content required by reason and justice, and to pursue the original intention of justice. That is to say, to mitigate and soften the harshness of the law. Wolsey presided over the Court of Chancery for 14 years, always appeared in court on time, and achieved remarkable results in achieving judicial justice. His judgments were considered fair and reasonable, and his judicial work enjoyed a high reputation. Denning believed that this was mainly due to Wolsey's坚持 the principle of legal justice, and Denning himself also took Wolsey as a role model in his judicial career, adhering to legal justice, and tirelessly striving for judicial justice. In his long career in law, Lord Denning personally witnessed the development of British law. In his book "The Pillars of the Law" in 1984, he mentioned: "It can be said that during my tenure, the courts have rediscovered new equity. It is fair, reasonable, and flexible, but 'not like the feet of the Lord Chancellor,' changeable, which is a great achievement." [31] In fact, in any legal system, the general public has a basic expectation of the judiciary, that is, when they use public power to balance conflicting interests, they should ensure that the benefits or disadvantages received by the parties in dispute are neither more nor less than their "fair share," otherwise it would be considered to deviate from the requirements of judicial justice. [32] As scholars have said, "Judicial justice is a form of justice within the law, which means it exists in the form of legality, and at the same time, it also means it is a form of justice in the ethical sense of the legal system." [33]

39. 而求学期间是丹宁公正思想形成的重要阶段。自上小学起,丹宁就非常喜欢读书,他说,“我读了很多书,而且读得很快。”〔7〕一战爆发后,老师前去打仗,丹宁就自学,他自学了微积分、动力学、统计学等课程,读了很多英国文学经典。这些课程及经典对丹宁后来理解社会及法律问题起到了很重要的作用,尤其是英国文学经典中所塑造的正面人物形象对丹宁的思想产生了的极大的震撼。据丹宁回忆:“从青年时起我就熟悉英国诗人丁尼生的诗,后来一直鞭策着我:骑士的圆桌多么公正/光荣的团体,男人的精英/它是那非凡世界的象征/谣言,我们不讲;诽谤,我们不听/走遍天涯海角,去把人间的邪恶踏平。”〔8〕

39. The period of studying was a crucial stage in the formation of Lord Denning's judicial philosophy. Since primary school, Denning had a great passion for reading, as he said, "I have read a lot of books and read them very quickly."〔7〕After the outbreak of World War I, teachers went to fight in the war, and Denning studied on his own. He self-studied courses such as calculus, dynamics, and statistics, and read many classics of British literature. These courses and classics played a very important role in Denning's later understanding of social and legal issues, especially the positive characters shaped in the British literary classics, which had a tremendous impact on Denning's thoughts. According to Denning's recollection: "From my youth, I was familiar with the poems of the British poet Tennyson, which have been constantly urging me: How just is the round table of knights / Honorable group, the elite of men / It is the symbol of the extraordinary world / Rumors, we do not spread; slander, we do not listen / Travel to all parts of the world, to trample the evil of the world."〔8〕

40. 世上最可怕的事是替无罪者辩护，因为你甚至无法分辨他有罪无罪。

40. The most terrifying thing in the world is to defend an innocent person, because you even cannot tell whether he is guilty or not.

41. 公正(Justice)是人类社会的永恒话题,它是法律的根本出发点。早在古希腊时期,一些思想家就洞察出:在所有实现公正的手段中,法律是最有希望的。人们通常将公正视为法律制度应当具备的优良品质,法律只有在公平正义中才凸显其良善性,理想的法律往往成为公平正义的化身。而公正是法的首要价值,通常认为,“良法”是司法公正的基本前提。作为良法必须内蕴公正的精神,它要反映客观规律,符合时代潮流,代表人民意志等,称其为法律公正或者公正的法律。也就是说,法律公正是司法公正的基础,司法公正实为法律公正的现实化。鉴于此,丹宁勋爵在自己的著作中多处阐述了法律公正问题。

41. Justice is an eternal topic in human society, and it is the fundamental starting point of law. As early as the ancient Greek period, some thinkers realized that among all the means to achieve justice, law is the most hopeful. People usually consider justice to be an excellent quality that the legal system should possess; only in fairness and justice does law reveal its goodness. Ideal laws often embody fairness and justice. And justice is the primary value of law. It is generally believed that "good laws" are the basic premise of judicial justice. As good laws, they must embody the spirit of justice, reflect objective laws, conform to the trend of the times, represent the will of the people, and are called legal justice or just law. That is to say, legal justice is the foundation of judicial justice, and judicial justice is the realization of legal justice. In view of this, Lord Denning has elaborated on the issue of legal justice in many places in his works.

42. 一个人的某种思想的形成通常与他的成长经历有着密切的关系,丹宁勋爵的公正想之所以形成,正是由他的家庭背景和成长经历所决定的。1899年丹宁出生于维多利时期受人尊敬的富裕之家,他的祖先是丹麦人,而丹麦人与法律有着天然的关联,据考证,“法律”(law)这个词本身就是丹麦语中的一个词。平时,丹麦人喜爱争论,他们喜欢聚在一起进行法律辩论。这种传统对丹宁产生了较大影响,他在自传《家庭故事》里曾写到:“也许这就是我现在在判决之前为什么喜欢听法律辩论,而不愿意将它们都写下来的原因吧。”〔2〕丹宁出生后,父母给他取教名为阿尔弗雷德,也与法律有关系。因为1899年正好是英国盎格鲁-撒克逊时期著名的统治者阿尔弗雷德去世后一千年。阿尔弗雷德在位期间非常重视法律,关注法律的良善和公正,当时的百姓都很尊敬他。正好一千年以后,丹宁出生,因此,他的父母取“阿尔弗雷德”为他作教名,希望丹宁长大以后也能像那位国王一样关注法律,富有公正思想。

42. The formation of a person's certain thoughts is usually closely related to their growth experiences. Lord Denning's sense of justice was formed precisely by his family background and growth experiences. In 1899, Lord Denning was born into a respected and wealthy family during the Victorian period. His ancestors were Danish, and Danes have a natural connection with law, as evidenced by the fact that the word "law" itself is a word in the Danish language. In daily life, Danes love to argue and enjoy gathering together for legal debates. This tradition had a significant influence on Denning, as he wrote in his autobiography "Family Stories": "Perhaps this is why I enjoy listening to legal debates before making judgments rather than writing them all down." [2] After Denning was born, his parents gave him the name Alfred, which also has a connection with law. Because 1899 was exactly one thousand years after the death of Alfred, a famous ruler during the Anglo-Saxon period in England. Alfred was very attentive to law during his reign, focusing on the goodness and justice of the law, and the people of that time all respected him. One thousand years later, Denning was born, so his parents chose "Alfred" as his religious name, hoping that Denning would grow up to also pay attention to law and have a sense of justice like that king.

43. 整个事情就是一个圈套。

43. The whole thing is a trap.

44. 生活从未变得容易，只不过是我们变得更加坚强。

44. Life has never become easier; it's just that we have become stronger.

45. 该死的是检察官，帮助他的**。这就是我们的司法体系！

45. The curse is on the prosecutor and those who assist him. This is our judicial system!

46. 复次,丹宁认为,英国的普通法律应该内蕴公正的精神,体现公正的理念。早年,科克大法官曾说过:“如果国会的法令与正义和公理是相矛盾的,或者是不协调的,或者是不可能执行的,那么普通法就要加以控制并裁决该法令无效。”〔24〕也即是说,如果法律违背了正义和公理的精神就得加以废除。一方面,“英国的普通法被描绘成‘理智的男人’,他关心他人的安全就跟关心自己的安全一样,这种优秀的但也是讨厌的人物像一座丰碑树立在我们的公正的法庭上,他徒劳地要求他的同胞照着他的榜样去规定自己的生活……”〔25〕英国“普通法有很多表明公正和美好感觉的原则,这些原则有利于全世界各民族和各种肤色的人民。”〔26〕诚如英国学者理查德·克莱顿和休·汤姆森所言,在普通法中,“nemo judex in causa sua (nobody can be a judge in his own cause)———任何人都不能成为自己案件的法官”和“audi alteram partem(hear the other side)———应当听取另一方当事人的陈述和意见。”〔27〕长期以来,这两者被视为公正审判的最低限度原则。

46. Furthermore, Denning believed that the common law of England should embody the spirit of justice and reflect the concept of fairness. In his early years, Judge Coke once said: "If the laws of Parliament are contradictory to justice and equity, or inconsistent, or impossible to execute, then the common law must control and declare such laws invalid." [24] That is to say, if the law contradicts the spirit of justice and equity, it should be abolished. On one hand, the common law of England is depicted as a "reasonable man," who cares about the safety of others as much as his own, this excellent but also annoying figure stands as a monument in our just courts, vainly asking his fellow citizens to live their lives according to his example... [25] The common law of England has many principles that demonstrate fairness and a sense of beauty, which are beneficial to people of all nations and races." [26] As British scholars Richard Clayton and Hugh Thomson have said, in the common law, "nemo judex in causa sua (nobody can be a judge in his own cause) -- no one can be a judge in his own case" and "audi alteram partem (hear the other side) -- one should listen to the statements and opinions of the other party." [27] For a long time, these two principles have been regarded as the minimum principles of fair trial.

47. 就这样,丹宁通过自己的勤奋自学于1916年10月考上了牛津大学的马格德林学院,学习数学专业。也就在牛津大学学习数学的同时,丹宁开始大量阅读法律经典,包括拉丁文的《查士丁尼皇帝法典》(Institutes of the Emperor Justinian )以及《圣经》的经文。他将所读到的著作中有关“公正”的格言都一一摘录背诵下来,这些法律经典对丹宁公正思想的形成产生了巨大影响。《查士丁尼皇帝法典》的开头几句是:“公正是公平待人的永恒目的。”/“法律是关于神和人的学问———是关于公正和不公正的科学。”/“法律的格言是:为人正直,勿伤邻居,公平待人。”这几句已经广泛流传了数百年,对丹宁影响深远,他认为这几句表达了所有时代的法律的道德和哲学基础。当时的牛津大学马格德林学院每个人都会说: Ius suum cuique(公平待人)。〔9〕可见,《查士丁尼皇帝法典》对人们公正思想的形成影响之深远。而《圣经》上的几句格言:“世人那!神已经指示你们他喜悦的事,那就是要你们行公义,施怜悯,存谦卑的心与神同行。”也对求学期间的丹宁影响很大,使他在后来的法律实践中“行公义”。直到80多岁后,丹宁仍清晰地记住《圣经》上的这几句格言。

47. Thus, through his diligent self-study, Denning was admitted to Magdalen College, University of Oxford, to study Mathematics in October 1916. While studying mathematics at Oxford, Denning began to read extensively from legal classics, including the Latin text of the "Institutes of the Emperor Justinian" and the scriptures of the Bible. He meticulously copied and memorized proverbs about "justice" from the works he read, and these legal classics had a profound impact on the formation of Denning's concept of justice. The opening sentences of the "Institutes of the Emperor Justinian" read: "Justice is the eternal purpose of fair treatment to all." / "Law is the science of God and man —- the science of justice and injustice." / "The maxim of law is: Be upright, do not harm your neighbor, and treat all fairly." These sentences have been widely circulated for centuries and had a profound influence on Denning, who believed they expressed the moral and philosophical foundation of law in all ages. Everyone at Magdalen College, University of Oxford, at the time would say: "Ius suum cuique" (treat all fairly). [9] It is evident that the "Institutes of the Emperor Justinian" had a profound impact on the formation of people's concept of justice. The couplet from the Bible: "O man, the Lord has shown you what is good and what He requires of you: to do justice, to love kindness, and to walk humbly with your God," also had a significant influence on Denning during his studies, leading him to "do justice" in his later legal practice. Even into his eighties, Denning still clearly remembered these couplets from the Bible.

48. 总之,丹宁勋爵的司法公正思想是在英国的社会环境、家庭及教育影响之下形成的,对他后来在律师和法官职业生涯中,坚持公正司法、忠于职守奠定了牢固的思想基础。丹宁在他的一生中,始终不渝并卓有成效地贯彻司法公正的原则,为实现司法公正作出了不懈的努力。1981年,丹宁在《家庭故事》一书中将自己的人生哲学概括为三条,其中第一条就是“实现公正”。的确,他为实现司法公正奋斗了一辈子,实在可敬可佩。

48. In summary, Lord Denning's idea of judicial fairness was formed under the influence of the social environment, family, and education in the UK, which laid a solid ideological foundation for his commitment to fair judicial practices and loyalty to his duties in his careers as a lawyer and a judge. Throughout his life, Lord Denning unwaveringly and effectively implemented the principle of judicial fairness, making relentless efforts to achieve justice. In 1981, in his book "Family Stories," Lord Denning summarized his philosophy of life in three points, with the first being "to achieve justice." Indeed, he has fought for the cause of judicial justice all his life, which is truly commendable and admirable.

49. 受不了罪就别犯罪，当然，付不起费更是一样。

49. If you can't bear the punishment, don't commit a crime. Of course, it's the same if you can't afford to pay the fine.