范文 issue 21

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Constitutional law does not need to be very flexible to take account of different kinds of factors because the constitution will vest ultimate authority in one central administration and legislature, and judiciary.宪法为其他普通法律提供法律原则和权威性，因此最抽象，起到法律纲领的作用。由于宪法需要有极高的权威性，不宜根据现实变化时常调整时常调整，因此宪法具有抽象性，不用考虑各种情况的具体细节。举例：美国宪法。

State law, which is the law of each separate U.S. state, should be flexible to take account of characteristics in different places.州法律是各个州独立制定的法律，可以考虑到当地的具体文化、历史、信仰等情况，在不违背宪法的情况下制定，因此需要考虑当地的具体情况。举例：美国部分州同性恋合法化（个人感觉这个例子不太恰当，，，请问有因为某州独特的历史文化或者地理背景导致的独特法律么？）

其实很多针对某个问题推出的法案都是考虑了具体场景的
http://en.wikipedia.org/wiki/Cal ... or_Higher_Education
这个可以参考一下

Case law should be flexible enough to take account of various circumstances, times, and places.不同判例可以考虑具体情况，较为灵活，能够随时适应新的状况。

判例法的概念需要解释一下 不是判例法应该灵活 而是判例本身成为法律 就决定了其灵活性 或者说判例法制度的目的就是为了法律更灵活

实际写的时候发现宪法这个大坑还是不要跳了




Laws should be flexible enough to take account of various circumstances, times, and places.

Write a response in which you discuss the extent to which you agree or disagree with the statement and explain your reasoning for the position you take. In developing and supporting your position, you should consider ways in which the statement might or might not hold true and explain how these considerations shape your position.  



Before discussing whether laws should be flexible or not, it is important to clarify what the term “laws” means.  Different people may interpret the term differently.  As far as I am concerned, laws may refer to the statutes enacted by legislatures at different levels, the rulings of the courts that also become part of the law in common law jurisdictions as well as the law enforcement activities of the governments.  While the laws enacted through legislation should not be too flexible, the judges and the law enforcement agents should interpret and enforce the laws taking into account different circumstances, times and places.   

There are two reasons why laws enacted by legislatures should not be flexible.  To begin with, the time and efforts of the Congressmen at federal and state levels are limited.  They can only hold meetings for a certain amount of time each year and there are many items in their legislative agendas.  In addition, they often represent different interest groups and it takes them a long time to reach any consensus on any issues.  If they have to take into account specific circumstances or times or places when debating a statute, they will never be able to finish their jobs on time.  The second reason has to do with the function of laws as the general guide for human behaviors.  Laws have to be understood by the general public if they are to be used to regulate people’s behaviors.  Given the limited cognitive abilities of the public, the laws have to be clear and concise.  If the laws change according to different situations, the public would find it difficult to use the laws to make decisions about their behaviors.  

On the other hand, the case laws created by the judges should take into account the details of the cases.  Consider the famous case of Riggs v. Palmer during which a grandson murdered his rich grandfather, but according to the law and the will of his grandfather, was entitled to inherit a large sum of money.  Despite the law and the will, the judge invalidated Palmer’s claim to his grandfather’s estate because, in the case, the defendant should not benefit from his murderous act.  While there was no statutory law authorizing the court to punish the defendant further by depriving his rights to the estate, the specific circumstance of the case warrants such a decision.  

Finally, the enforcement of laws, which is also an important aspect of laws, should be flexible as the law enforcement agents should always take into account the specific circumstances, times and places.  Consider the laws about speeding. Usually when a driver exceeds the speed limit, by the traffic laws, s/he will receive punishment in the form of a speeding ticket.  But one can and should get away from this law if it is under emergency situation.  Maybe the driver was sending a pregnant woman to a hospital for delivering a baby.  In cases like this, with a letter from the hospital, the driver should get his/her speeding tickets cancelled.  As illustrated in this example, the enforcement of law should be flexible by considering the specific situations that may warrant a different treatment.  

In conclusion, I would argue that whether laws should be flexible depends on which aspects of the laws we are talking about.  For the statutes enacted through legislation, flexibility is not usually affordable given the limited amount of time and effort available for the legislatures.  But the interpretation and enforcement of laws should be flexible as the judges and the law enforcement agents should make decisions on a case-by-case basis.


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