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本帖最后由 doraliu 于 2010-7-16 21:49 编辑
There are two types of laws: just and unjust. Every individual in a society has a responsibility to obey just laws and, even more important, to disobey and resist unjust laws.
Born in a democracy society, we have been rather familiar with laws; laws regulate our daily life, put things in order so that our life are not in chaos; laws are usually derived into categories as contract law,property law, administrative law and so on, but never have I ever seen laws to be divided into just and unjust; if we have to divided it in to just and unjust, then we have to have the definition of what is justice and injustice, which is such a philosophy issue that even Aristotle cannot give us a simple answer; even if we have a clear, simple way of determining justice and injustice, it is ridiculous that the manifest injustice still exist in our democracy society without being eliminated. Even if injustice exist because of the whole blindness of entire society, it is very dangerous to assert that we should disobey and resist “unjust” laws.
First and foremost, it is rather difficult to identify just and unjust, if not impossible. Justice is a rather complex philosophical conception concerns itself with moral, ethics, religion, politics; the different opinions concerning about Tibet can illustrate my opinion. It is believed by westerns that Tibet is an independent country and china has been invading its sovereignty, that china has been suppressing Tibet militarily, economically and culturally; infrastructure construction, subsides, priority in education and so on are the government’s conspiracy of strengthen its grip in the region; apparently china holds a completely different opinion, in its opinion, Tibet is part of its territory since Tang dynasty; it is just trying to liberate its minority people from poverty through development and necessary suppression;what happened between majority Han and minority Tibet is a inner country issue which should not be interfered by outsiders. So who is right? Is there any right answers?
when we form our opinions, decide what is just and unjust ,the education we received, the experiences that made us who we are, the political position, religious attitude all are related, and they are so different when different persons are concerned; and I guess I am rather safe to say that there is no definitely just and unjust exist.
Secondly, on the contrary to the ambiguous conception about just and unjust, at least as I am concerned, there is no negotiation about obeying or disobeying the law. Laws are created to be obeyed so that the society would not surrender to a totally chaos; imagine what would happen if people are entitled to disobey laws because they think they are unfair. For example, the poor workers might assume that it is unfair that they are working hard and it is the rich—the owner of the factory who reap their fruits and become richer, and if they are entitled to resist this unfair, they could rob, steal wealth form the rich, instead of working hard to climb up the ladder to become rich; there are still more poorer people, they just do the same and rob the poor; and rich become poor because they are robbed, so they also rob the people who have robbed them; the whole society is robbing; Seem to be ridiculous? Of course I am exaggerating. But it happened, in china, in the middle of 19th century, though not exactly the same, but similar and horrible. During that period, the illiterate believed the educated people were evil in stealing the triumph of revolution; that they were trying to subversion communism; that was a period of brutal suppression of educated by illiterate, of upper class by boors; famous writers were tortured to death so there were no origination; demographist killed and resulted in an ever populated country thus enormous social problems; scientists were suspended so that there were no science progress achieved. Laws are rules, there is no fair or unfair about regulations; only when people are concerned, there exist fair or unfair, and disobeying the law, is unfair, unjust.
In sum, I would like to paraphrase the quote of Hegel what is rational is actual and what is actual is rational that totally injustice does not exist, what exist has its opponent of just; and I would like to emphasize that it is our obligation to obey the laws.
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