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ISSUE180 qisaiman- "Many problems of modern society cannot be solved by laws and the legal system because moral behavior cannot be legislated."
WORDS: 600
TIME: xxx
DATE: 2010-2-27 22:13:05
In modern society, whether immoral behavior has led to problems that cannot be solved by laws? As far as I am concerned, the answer varies with situations and disciplines. Some of them can be solved by laws, while others rely on the moral code and public awareness.
To provide a clear context for the discussion, it is necessary to define the meaning of solving problems here. Consider the littering problem in China. In spite of relevant regulation on littering, it is still common to see much garbage on the streets in many cities. Can we conclude that the law fails to solve it? Of course not. When we refer to a solved problem, we actually mean those who disobey will receive proper punishment. Nevertheless, moral instructions can improve the situation and lower the social cost. Therefore, though in certain circumstance, legislation can solve problems, morality can do it more efficiently and economically.
An example supporting my points is about the financial dishonesty in some famous corporations. We all share a belief that fraud is immoral since it benefits one at the expense of many others, and thus it should be prohibited. It is a moral behavior and actually it has been legislated. However, the problems keep emerging, such as the Evan scandal. As a matter of fact, there are many more provisions dealing with the fraud than ever before. Does the law fail? I maintain not. As long as those who committed such crime receive punishment according to the law, we can reach the conclusion that it is solved.
A possible explanation for the continuous similar events may be like this: there are many approaches to perform fraud activity so that the wrongdoers can always skirt the law, indicating that the legislation may lead them consider what is legal instead of what is morally right. Therefore, establishing moral value is urgent to deal with these problems.
Another instance involves the animal cruelty. There are many reflections on the human behaviors on the animals. In a society the public become more enlightened, it is sensible to enact law to prohibit these cruel actions, including but not limited to animal fighting for fun, abuse to animal and capturing them in cages. Fortunately there are laws dealing with these problems, such as preventing publishing photos and videos online which involve animal fighting and other bloody behavior. Though some claims that the law has infringe their freedom of speech, I believe it can be solved in a near future.
In addition, there is a frequently heard saying that homosexual marriage is a problem and should not be enacted for since it challenges the traditional value on marriage. However, in another angle I find it is not a problem at all, or in other words, it is a problem how to protect the rights of homosexual couples. A brief look at the history hints us that sometimes the public act as a conservative force, thus actually bringing harm to the minority of society. Based on the maxim that everyone is created equal and has identical access to her or his human rights, the public should accept the homosexual marriage as it deserves. The points I want to stress is that different groups may hold contrast opinion towards the same activity and the problem is how to arouse the awareness of public and discard the prejudice.
However, there are many others issues which both law and morality can lend little help, such as the growing gap between the privileged and underprivileged and the global warming. It is historically difficult.
In conclusion, law is absolutely needed to guarantee the legal rights and obligations of the individuals, but it cannot solve all the problems confronting us today, particularly when involved with the moral behavior. To tackle these issues, moral code seems to be the best answer. |
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