[资料分享] issue 65 示范 [复制链接]

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电梯直达

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发表于 2015-12-9 17:24:38 |只看该作者 |倒序浏览

Every individual in a society has a responsibility to obey just laws and to disobey and resist unjust laws.

Write a response in which you discuss the extent to which you agree or disagree with the claim. In developing and supporting your position, be sure to address the most compelling reasons and/or examples that could be used to challenge your position.

这里有一个我之前写的提纲

All citizens should obey both just laws and laws that may not be just to protect their own interests and ensure the stability and prosperity of the society.  Yet, for the laws that may not be reasonable, the citizens may resist them within the democratic and legal framework of legislation.

P2: When the laws are considered just by the entire society, the individuals should obey the laws for the sake of their own interests and the benefits of the entire society. 这个很好说正义的法律保护生命与财产尽量写简单地例子比如醉酒驾驶公众场所禁止吸烟等等

P3: When the the justice of some laws is questionable, the individuals should still obey the laws to ensure the normal operation of the government and the stability of the society.  这个比较麻烦例子不好想或许可以写2003年美国国会通过法案授权布什总统侵略伊拉克  尽管法案正当性存疑但是美国士兵还是要守法上前线老百姓还得纳税支持战争  但是后来通过选举反战的参议员奥巴马来改变了有问题的方案  即使在面临有问题的法律时还是要尊重立法者和执法者的权威才能保障社会的稳定或许目前香港的政改问题也是合适的例子

P4: Some people may ask what can be done about the unjust laws if all citizens obey the laws. I think the citizens should try to revise the unjust laws through legislation by voicing their concerns and placing pressure on the democratically elected Congressmen.  回应反对意见如果遵守恶法如何彰显公义？回应时遵守的同时，可以通过和平的方式表达意见比如在报纸上写文章辩论、写信向议员施压，最终通过立法的方式废除恶法

The rule of law is an important pillar of modern society.  It is argued that while people should always obey just laws, laws that are perceived as unjust should be disobeyed and resisted.  While I agree that just laws should always be followed to maintain social order, even the laws that are controversial should also be respected to avoid any conflicts between civilians and the government.  As to the concern over the harm of unjust laws, people should try to reform them within the legal framework.

Let’s first consider why everyone should be responsible for obeying just laws.  Take the simple examples of the traffic law about driving under the influence of alcohol.  In most countries, it is illegal to drive if one is drunk.  Few people would challenge the justice behind this law.  When a driver is drunk, s/he would not be able to operate an vehicle safely and driving would threaten the safety of the driver, the passengers and others sharing the road.  To protect the interests of everyone involved, the laws prohibit such behaviors and punish those breaking the laws.  For just laws like this, everyone should obey them and there is no doubt about it.

Consider next the laws that some people may consider as unjust.  For example, prior to the recent landmark decision on gay and lesbian marriage by the US Supreme Court, in some states, the laws do not recognize the homosexual couples’ rights to get married.  Some people may believe that these laws are unjust as no one should be denied to right to marry because of their sexual orientation.  But that does not follow that people who believe in homosexual marriage should have the responsibility to openly challenge the state laws against the practice.  If they demonstrate outside the marriage registration office violently or demand for rights to marry using forces, for example, they will most likely be arrested by the police.  In other words, disobeying and resisting the so-called unjust laws will lead to conflict between the civilians and the government, which will not help solve the problems.

Some people may challenge my position by asking about what to do with the injustice of certain laws such as the laws denying rights to marry for homosexual couples.  It turns out that there are at least two ways to challenge a law within the legal framework.  First, the people unhappy with certain laws can always campaign for abolishing the laws through new legislation.  The members of the legislature are elected by the people and should respect the opinions of their constituencies when making decisions regarding different laws.  Second, the laws can also be challenged in the federal courts and may be striken down for being unconstitutional.  Therefore, people can always try to reform the laws that are not just without disobeying or resisting them illegally.

In conclusion, given the importance of the rule of law to the social order, everyone should have the responsibility to obey all the laws whether or not they are considered as just or unjust.  As for the laws that the majority of the society believe are unjust, there are ways within the legal system through which the problems can be solved peacefully.

下面这篇是我之前写的，感觉不太适合做范文，大家有兴趣随便看看吧。

今天在在备课的时候，看到关于Creative Commons的讨论，重新写了一篇，从恶法非法的角度，讨论如何面对不公义的版权法。这也是我个人的信念和对版权问题的立场，希望通过GRE写作教学介绍给大家。

The rule of law is an important principle that enables members of the modern society to solve a wide range of problems without degenerating into a violent state. While it is obvious that all individuals should obey laws that are not controversial in terms of its justice, in order to abolish unjust laws that are incompatible with the development of modern society, individuals should challenge such laws through legal means and civil disobedience.  The laws related to creative culture and copyrights can aptly illustrate my thesis.

To begin with, we should obey the laws on property rights that are relevant to books and culture. For example, if we want to own a book found in a bookstore, we should pay for it instead of stealing it which is a violation of the property rights of the bookstore. If we check out a book from the library, we need to return it on time or pay the late fees according to the laws and rules related to the use of library materials. This is important because books are tangible assets protected by property rights.  If we do not obey the laws and get the books illegally, we will infringe other people’s rights to access the same books.  This is why we need to obey just laws.

What about the copyright laws? In my opinion, copyright laws are unjust because they restrict people’s access to creative works in an unnecessary way. We need to make a clear distinction between the books protected by property rights and the books protected by copyrights. The former is tangible and owning it would prevent others from accessing it. The latter is intangible in the sense that the book can be reproduced and remixed with other books without compromising other people’s rights to access it. With the advent of digital technology and the Internet, books can be copied and distributed around the world with minimal costs and may create enormous opportunities for learning. Yet, the publishers have lobbied the legislatures to extend the copyright duration from the initial 20 years (Statute of Anne, 1710) to the author's’ lifetime plus 70 years.  The expansion of copyright regime has effectively blocked the access to a great many learning materials of people around the world, especially those from the underprivileged groups.

Some people have tried to resist copyright laws within the legal framework of copyright. A notable example is the Creative Commons Licensing System developed and advocated by cyberlawyer Prof. Lawrence Lessig.  Through a set of Creative Commons licenses, the authors and creators of cultural works can choose to authorize the public to use their works freely, essentially giving up some of their rights protected by copyright laws. Such efforts are legal and effective to help restore the balance of interest between copyright holders and the general public that has been distorted by copyrights.  This example illustrates how private individuals can and should resist unjust laws within the legal frameworks.

Nevertheless, I do not believe that the legal means is sufficient for challenging the unjust copyright laws.  Creative Commons may help some authors to release their works from the bondage of copyright. But a great many important creative works and books are still under the control of greedy publishers and corporations that would use copyrights to deprive ordinary citizens of their rights to learning and entertainment.  As a result, it is also important for ordinary people to practice civil disobedience against the copyright regime.  For example, instead of buying expensive books from the bookstores, we should try to obtain the e-copies of the books from websites such as Library Genesis and Sina Information Sharing.  These acts of civil disobedience will create pressure on the publishers to change their business models from charging the readers to sponsoring the authors through advertising or government funding.  In other words, if we want to change the unjust laws, we cannot merely rely on efforts within legal frameworks but have to break the laws in a large scale.

People may worry about the legal consequences of practicing civil disobedience against unjust laws. In the case of copyright, this should not be a major concern as unauthorized copying of books and other creative works is so widespread online that the authorities simply cannot afford the resources to enforce the copyright laws. So long as increasing number of people practice the so-called “piracy”, we are protected by the sheer number of illegal acts.  In fact, when a law can be so easily broken by so many people around the world, there is obviously something wrong with the law rather than with the people breaking the law.

In conclusion, the examples I discuss above about books and copyrights clearly illustrate the importance of obeying just laws on the one hand and resisting and challenging the unjust laws on the other, both within the legal framework and outside it through civil disobedience.

issue范文与提纲目录(tesolchina)
https://bbs.gter.net/forum.php?mo ... amp;fromuid=3675555

tesolchina_issue_e, issue_pres, issue_people

[资料分享] issue 65 示范 [复制链接]

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