- 最后登录
- 2012-12-19
- 在线时间
- 80 小时
- 寄托币
- 119
- 声望
- 0
- 注册时间
- 2010-8-29
- 阅读权限
- 15
- 帖子
- 2
- 精华
- 0
- 积分
- 93
- UID
- 2891952

- 声望
- 0
- 寄托币
- 119
- 注册时间
- 2010-8-29
- 精华
- 0
- 帖子
- 2
|
Laws should not be rigid or fixed. Instead, they should be flexible enough to take account of various circumstances, times, and places."
Deriving from those most fundamental moral principals and social conventions, laws have been trying to work as a relentless guard to maintain the social balance and penetrating prophet to guide the masses. However what is inevitable is that even though courts and judges have already worked as a compensation for its fixed form, flexibility is always in lack, for the bifurcations between literal documents and realistic standards always exist. Given the precondition that the law is strict enough to control the outlaws, the more the flexibility is, the better the social order is maintained
Considering those mundane legal affairs, reasons for people to commit crimes varies. However, it is implausible to conclude all this motivation into limited legal documents.
Suppose that the court and judge are judicious enough to take all those unpredictable factors into account, the law itself, indispensably, requires fairly more space for flexibility. For example, an assassin who once murdered Lincoln ought not to be sentenced as the same as the one murdered John Kennedy though they committed the same crime to kill a president. The previous crime would be more closely connected to racial policy while the next has nothing to do with it, which results in a different judgment for broader social effect.
What's more about the law is its limitation on immediateness. Based on the situation that the whole world are shifting rapidly everyday, various kinds of conflicts have to be brought to end immediate through adequate standards. However, laws could only be adjusted periodically because the congresses which shift laws are held periodically. During these periods, the realistic circumstances such as economics conditions, social trends, scientific technology transmute except those regulations. Here result in the contradiction between the reality and the temporarily outdated laws as long as the flexibility of development fails to be taken into consideration. Given the assumption that a fairly flexible space has been left for this contradiction, laws would be more adaptable to this fast shifting society.
However, all those flexibilities submit to the preciseness and justice of laws. Laws have to obtain the most fundamental objectivity and dispassion in all sorts of situation. On the other hand, when a change of a law is appropriate to a individual case, it would also cause discriminated judgment violates the justice of the law. Based on the principal that laws should not only be considerable but also applicable, legislations are trying to take all those factors into consideration, but practically, impossible. In such a dilemma flexibilities yield to dispassion of law for the sake of sustain the social balance.
Ideally, we are expecting laws to act as a considerate parent who could both protect us away from outlaws and comprehend our individual situations, but the reality is not so comforting. The parent has so many kids to take care of so that there is not so much space for any individuals. Even though, we never give up the faith to build a legal system flexible and stable.
专程昨天重新写了WORD矫正。。求G友指教。。 |
|