- 最后登录
- 2013-3-18
- 在线时间
- 139 小时
- 寄托币
- 550
- 声望
- 5
- 注册时间
- 2010-7-31
- 阅读权限
- 20
- 帖子
- 3
- 精华
- 0
- 积分
- 554
- UID
- 2867548
 
- 声望
- 5
- 寄托币
- 550
- 注册时间
- 2010-7-31
- 精华
- 0
- 帖子
- 3
|
The speaker claims that there are only two types of laws, one is the just which people should obey and another is the unjust which people should disobey. While when we concern the "just" law again, we would find it not that exactly just and the "unjust" law not that exactly unjust. So, there is no law which is always be just and what people should do is to insist to the laws they believe to be just and question the laws they doubt.
Because of too many discussions on the fair or unfair the laws could be, the truth that there is no law could always be that right and just is hidden for a long time. There is no absolute fairness in the world, and the judiciary included of cause. Before discuss this saying, let’s think about what the fair and just is. People around the world have their own value and judgment of the effects and issues happened. The value and judgment are based on their living environment, the educations they had, the society they are in, etc. The common knowledge that people have and insist in was written in to characters and becomes laws. That is to say, the laws are depends on the customs and values of society. When the value and customs changes, the just would become unjust. Thus, there are no absolute just in the judiciary.
Admittedly, the laws could not be always just. However the current laws are accepted by people and that means that it is the most laws among all laws existing. If they are what we can accept, we should obey it with the forgiveness. But when there is something really unfair and that leads to a unacceptable result, we should try our best to disobey and resist it. And the government should realize the necessity to modify laws when it has some unjust problems. That's the only way to keep the laws being the most just laws.
As the development of the society, there appeared the Mosaic Commandments, and the Lex duodecim Abularum, they both were considered the just law at that time, but unjust nowadays. The spirit of laws is always here: just, more just. So, considering the particular conditions of different countries, the laws are different. For example there are the Continental Legal System and the System of Britain, the US and France which are used by China and by some western country. Though they are different, the people use them think they are the most just laws. That would be enough.
From the time people have the law, it changes, modified, being questioned, being abolished for more times than we can imagine. A law seemed to be just at past might be unjust present, so that we should not always adhere to the laws which were named just, we need the eye and awareness that could find and question the unfair parts of the laws. |
|