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==================Issue17==================
【题目】
"There are two types of laws: just and unjust. Every individual in a society has a responsibility to obey just laws and, even more importantly, to disobey and resist unjust laws."
【翻译】
有两种法律:公正的和不公正的。每个社会成员都有责任遵守公正的法律,但是更重要的是,更应该不遵守和反抗不公正的法律。
【提纲】
开头:
随着法律教育的普及,人们的守法意识在不断的提高,正如法国作家
伏尔泰说过“我不同意你说的话,但是我愿意誓死捍卫你说话的权利。”但是在社会中存在两种法律,公正和不公正,如果真是这样,那么我们每个人除了有责任遵守公正法律的外,在可辨认的前提下,要不遵守甚至反抗不公正的法律。
1.法律的实质和作用。
法律的实质Law, body of official rules and regulations, is used to govern a society and to control the behavior of its members. The nature and functions of law have varied throughout history.
法律的作用:Law serves a variety of functions.
1.
维护和平Laws against crimes, for example, help to maintain a peaceful, orderly, relatively stable society.
2.
维护人权,维护社会秩序Law respects individual rights while, at the same time, ensuring that society operates in an orderly manner
3.
维护自由平等law should recognize and protect certain basic individual rights and freedoms, such as liberty and equality.
4.
为人民办实事laws are not only designed to govern our conduct: they are also intended to give effect to(使实行起来) social policies. For example, some laws provide for benefits when workers are injured on the job, for health care, as well as for loans to students who otherwise might not be able to go to university.
2、我们应当自觉遵守维护法律秩序,特别是公正的法律,用以维护社会的秩序,做到在法律面前人人平等。例如加拿大的交通法规,一些商业规则。
3.、引用Rousseau的一段话,来引出对是否遵守不公正法律的思考。对我个人来说:对于不公正的法律,我们更应该不遵守或者反抗以保证维护的正义,例如希特勒二战期间屠杀犹太人的法律
3、然而,在实际生活中,由于价值观的不同,我们很难正确辨别哪些法律是不公正的法律,如对于安乐死(Euthanasia)和堕胎,不同人有不同看法
4、结论,在可辨认的前提下,我们要坚决遵守公正法律抵制不公正的法律
TOPIC: ISSUE17 - "There are two types of laws: just and unjust. Every individual in a society has a responsibility to obey just laws and, even more importantly, to disobey and resist unjust laws."
WORDS: 709
TIME: 01:55:25
DATE: 2009-2-7 11:38:23
With the popularization of the legal education, people's
legal consciousness is improving. Just like Voltaire, a famous French writer, said" I disapprove what you say, but I will depend to the death your right to say it." However, there are two types of laws: just and unjust. If so, in my eyes, while every individual in a society has a responsibility to obey just laws, it is more important to disobey and resist unjust laws under the condition that we can identify them.
First of all, as we all know, law, body of official rules and regulations, is used to govern a society and to control the behavior of its members. The nature and functions of law have varied throughout history. Law serves variety of functions. Firstly, law against crimes, for example, help to maintain a peaceful, orderly, relatively stable society. Secondly, law respects individual rights while, at the same time, ensuring that society operates in an orderly manner. Thirdly, law should recognize and protect certain basic individual rights and freedom, such as the liberty and equality. What is more, laws are not only designed to govern our conduct, they are also intended to give effect to society policies. For instance, some laws provide for benefits when workers are injured on job, for health care, as well as for a loan to students who otherwise might not afford to go to university.
Since these important functions of law above, in order to maintain a good social order, every individual in a society has a responsibility to obey laws, especially obey just laws. For example, the law in Canada states that we must drive our cars on the right-hand side of a two-way street. If people were allowed to choose at random which side of the street to drive on, driving would be dangerous and chaotic. Law regulation our business affairs help to ensure that people keep their promises. Law against criminal conducts help to safeguard our personal property and lives.
Although Frederick Pollck, a British jurist, said" The law cannot make all men equal, but they are all equal before the law.", it appears a problem--should we obey
an unjust law? According to the theory of Jean-Jacques Rousseau, 18th century French political philosopher, in a democratic society the sate represents the general will of the citizens, and that in obeying its laws each citizen is pursuing his own real interests. Thus, in an ideal state, laws express the general will. An individual who disagrees with a law must be failing to look at things form the moral standpoint. Rousseau is taking about an ideal state where laws express people's general will, a will that aims at the common good. But the question is: are we living in an ideal state and do all the laws of our land express the common will of the people and should
we obey all the laws even if they are unjust? The answer to this question can be different for different people. In my opinion, we should absolutely disobey and resist unjust laws. For instance, the killing Jewish laws which are enacted by Hitler during the Second World War obviously deprived Jewish living rights. There is no doubt that we should resist these unjust and even cruel laws.
However, in fact, because of the different values of people, we are not easy to identify which laws are just or not.
Let's take Euthanasia and abortion as an example, just like Shakespeare wrote" In 1000 readers has 1000 Hamlet." people have different opinions about them. Some people think Euthanasia make patients pleasant dying rather than allow them suffering, for abortion, it is good for eugenic. But in contrast, other people indicate that they are all unfair, even cruel to deprive patients and babies' living rights.
To sum up, good order is the foundation of all things. Every individual in a society has the responsibility to obey just laws. But for unjust laws, just like Plato, a great Ancient Greek philosopher, said" Mankind censure injustice, fearing that they may be the victims of it and not because they shrink from committing it."
So we should disobey and resist unjust laws under the condition that we can identify them to avoid being the victims of unjust laws. |
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