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本帖最后由 咖啡盐 于 2011-1-27 12:00 编辑
一篇关于Martin Luther King的阅读,其中提到了just law 与unjust law, 这篇Issue个人觉得灰常纠结。
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."
从神贴中挖来滴~~~灰常有启发,不然对这方面老是一头雾水呀....
Jun. 27th
Nearly every writer on the philosophy of civil rights activist(激进分子) Martin Luther King, Jr., makes a connection between King and Henry David Thoreau, usually via(通过,经过) Thoreau’s famous essay, “Civil Disobedience” (1849). In his book Stride Toward Freedom (1958), King himself stated that Thoreau’s essay was his first intellectual contact with the theory of passive resistance(抵抗) to governmental laws that are perceived as morally unjust. However, this emphasis on Thoreau’s influence on King is unfortunate: first, King would not have agreed with many other aspects of Thoreau’s philosophy, including Thoreau’s ultimate(终极的,极限的) acceptance of violence as a form of protest; second, an overemphasis on the influence of one essay has kept historians from noting other correspondences between King’s philosophy and transcendentalism(超越论). “Civil Disobedience” was the only example of transcendentalist writing with which King was familiar, and in many other transcendentalist writings, including works by Ralph Waldo Emerson and Margaret Fuller, King would have found ideas more nearly akin to his own.
The kind of civil disobedience(违反) King had in mind was, in fact, quite different from Thoreau’s view of civil disobedience. Thoreau, like most other transcendentalists, was primarily interested in reform of the individual, whereas King was primarily interested in reform of society. As a protest against the Mexican War, Thoreau refused to pay taxes, but he did not hope by his action to force a change in national policy. While he encouraged others to adopt similar protests, he did not attempt to mount any mass protest action against unjust laws. In contrast to Thoreau, King began to advocate(提倡) the use of mass civil disobedience to effect revolutionary changes within the social system.
However, King’s writings suggest that, without realizing it, he was an incipient(起初的,发端的) transcendentalist. Most transcendentalists subscribed to the concept of “higher law” and included civil disobedience to unjust laws as part of their strategy(策略). They often invoked the concept of higher law to justify their opposition to slavery and to advocate disobedience to the strengthened Fugitive Slave Law of 1850. In his second major book, King’s discussion of just and unjust lawsand the responsibility of the individual is very similar to the transcendentalists’ discussion of higher law. In reference to how one can advocate breaking some laws and obeying others, King notes that there are two types of laws, just and unjust; he describes a just law as a “code that squares with the moral law” and an unjust law as a “code that is out of harmony with the moral law.” Thus, King’s opposition to the injustice of legalized segregation in the twentieth century is philosophically akin to the transcendentalists’ opposition to the Fugitive Slave Law in the nineteenth century. |
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