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[优秀习作] issue180 写的非常痛苦,请大家帮我看看吧,谢了! [复制链接]

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发表于 2003-9-7 12:00:19 |显示全部楼层
i180 Many problems of modern society cannot be solved by laws and the legal system because moral behavior cannot be legislated.

Actually, the statement above refers to a question which seems so beyond human being's intelligence that we haven't found and maybe will never find a final definite answer. That is, how broad on earth is the extend to which law and morality should regulate one's behavior respectively. As we all know, law and morality are both social principles, the main difference between them lies in that the former limit people's behavior by forcible power guaranteed by the government, while the latter is depend on people's self-restrain and the pressure from the public voice. Further, a integrated and effective set of laws as well as the legal system is a basic and essential element to an independent country. However, people cannot wish that laws would solve every problem encountered in everyday life. Several reasons is presented as follow.

First of all, it is neither economic nor possible to appeal to law every time whether the matter is a horrible murder or just a negligible quarrel between two neighbors. The application of the law, including collecting evidence, debating in court, and enforcing the judgement, is a process that more or less costs some social resources, which contains time, money and energy of not only the plaintiff and defendant, but also the lawyer, the judge and the whole court. However all these resources are limited. That means, in modern society that pursuing high efficiency, it is necessary to confine some social events within the border of morality, and not to waste scarce resources of the legal system. Undoubtedly, it will be a severe destruction to the whole social system that judges are always forced to deal with the quarrels between neighbors and fight among schoolboys, while letting the murders be at large.

In addition, some kinds of social phenomena are so complex that they cannot be simply legislated as right and wrong, or so controversial that there is no possibility that people can come to an agreement leading to a well-established law after a disputation. For instance, no matter in western society or in eastern, there is no specific law prescribing whether the pre-marriage sexual behavior is acceptable or not. Imagine a couple is indicted for this, when they say:” We just love each other and we did no harm to others", how can you refute?  So, when confronted with such psychological and emotional factors as love, passion, laws are no longer powerful. It is morality and public pressure that can lead to the right decisions, although it is not effective all the time.

Finally, because a court debate requires a thorough exposure of all information about a thing, to go to court will not be first choice all the time, when the matter is concerned with something personal or secret. Were to appeal to law anyway, it would destroy one's self-respect and social status, which maybe more important for people in some culture. As an example, in some Islamic society, a woman would never indict her husband for family violence, because the society in general cannot accept a woman who put a family thing into public. Certainly, it is an uncivilized and harmful thought as seen by others, but to these women, the only weapon to protect themselves is morality.

To sum up, my point of view differentiates in a sense from the title statement, I think many human behavior is not "cannot be legislated", but it is unfeasible or inefficient to regulate everything by law or appeal every problem to legal system, especially those negligible or personal behavior or those concerned with human emotion. While with the rapid social and technological development, maybe someday in the future laws are able to deal with these problems, however, it's still better to leave them to morality nowadays.

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RE: issue180 写的非常痛苦,请大家帮我看看吧,谢了! [修改]

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issue180 写的非常痛苦,请大家帮我看看吧,谢了!
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