本帖最后由 Bela1229 于 2010-4-10 13:19 编辑
17"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."
The speaker tends to assert that law could be divided into 2 basic categories, just and unjust, and we need obey just ones only. Firstly, I disagree we should define the law in this way, because anything as an intact entity in the world including the law is not perfect and static. Secondly, the way how we improve the law and legislation process should be also in proper way, instead of resist and disobey only.
The law is not something unusual but same as all other objects, changing and developing dynamically. That’s to say, there is no such law is ultimate one and absolute right, though all of us wish it could conciliate all conflicts ideally. Take China criminal law as an example, before the amendment of 2005, it did not define the behavior of making or distributing malice software which can bring negative impact and even economic losses as criminal offense, because internet hackers and spies have so many different attributes compare with conventional suspected persons. Furthermore, the scope and degree of losses are hard to define due to the objects of internet spies are, virtual concurrency, in other word data, instead of the wealth in general forms, such as gold or paper money. However, the law is not perfect solution all the time does not mean it worth nothing; it can still cover lot of known issue which we still need to face.Thus, we need to accept the imperfect law and improve it gradually with social development.
As for how we face the maladaptive side of law is indeed a problem, the speaker tends to deny or disobey. While I think it must exist more proper way which can let us pay fewer prices at same time bring more harmonies and peaces to our society. We already see many good examples of legislation process improvement in many counties. In recent years, when China start to establish new laws and amend exist ones, the legislator with government use official web site to interactive with the masses. They list every item one by one so let each citizen could add their comments. More 160 thousands comments were submitted during the amendment of the Labor Law in 2007. Such interaction does an effective way and a good communication mechanism brings the people from 2 groups, law makers and common people, together. Thus, we can see to adjust the law fit for the times has many approaches, the rational way should be the best choice but not too aggressive ones.
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发表于 2010-4-9 19:01:08
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