Schiff's Bill (HR1076) is Short-Sighted and Reactionary
What Can the Samurai Teach Lawyers? Part Two

What Can the Samurai Teach Lawyers?

One of the two classics of Japanese warrior philosophy is the Hagakure.  Like the samurai, a lawyer is supposed to place the interest of his client above his own.  Although many samurai attained great fame and esteem, their retainers - and not the samurai's fame - always came first. 

Thus, this passage from the first chapter provides good advice for lawyers.

A man is a good retainer to the extent that he earnestly places importance in his master. This is the highest sort of retainer. If one is born into a prominent family that goes back for generations, it is sufficient to deeply consider the matter of obligation to one's ancestors, to lay down one's body and mind, and to earnestly esteem one's master. It is further good fortune if, more than this, one has wisdom and talent and can use them appropriately. But even a person who is good for nothing and exceedingly clumsy will be a reliable retainer if only he has the determination to think earnestly of his master. Having only wisdom and talent is the lowest tier of usefulness.

  According to their nature, there are both people who have quick intelligence, and those who must withdraw and take time to think things over. Looking into this thoroughly, if one thinks selflessly and adheres to the four vows of the Nabeshima samurai, surprising wisdom will occur regardless of the high or low points of one's nature.' 

  People think that they can clear up profound matters if they consider them deeply, but they exercise perverse thoughts and come to no good because they do their reflecting with only self-interest at the center.

It is difficult for a fool's habits to change to selflessness. In confronting a matter, however, if at first you leave it alone, fix the four vows in your heart, exclude self-interest, and make an effort, you will not go far from your mark.

  Because we do most things relying only on our own sagacity we become self-interested, turn our backs on reason, and things do not turn out well. As seen by other people this is sordid, weak, narrow and inefficient. When one is not capable of true intelligence, it is good to consult with someone of good sense. An advisor will fulfill the Way when he makes a decision by selfless and frank intelligence because he is not personally involved. This way of doing things will certainly be seen by others as being strongly rooted. It is, for example, like a large tree with many roots. One man's intelligence is like a tree that has been simply stuck in the ground.

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