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发表于 2003-11-1 19:03:57
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"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." (43)
1.法律由国家制定,目的是维护社会秩序(maintain the order of the society),为公民造福(benefit the citizen),尊重和保护每个公民的权利(respect and protect the rights of every citizen)。但是现在却出现了所谓的“公平”和“不公平”的法律。公平的法律适用于每个人,但是有时却出现无法被法律约束的局面。
2. 出现不公平的法律的原因之一:体现了统治者的意志。其“公平”性无法保证。原因之二:立法不完备,有漏洞。原因之三:有法不依,执法不严,违法不究,缺少监督机制(the lack of monitoring system),从而出现了法律也无能为力的局面(the place where the law is untouchable?)。
3.解决的方法:第一,要做到法律在任何人面前平等。现在的民主国家基本能做到这一点。第二,在最高法律的约束下,违抗不公平的法律,从而推进立法的完善性。美国:黑人不准坐车,Rosa Parks公然违背不公平的法律,促进了黑人的平等。但也不能采取过激的方式,如暴力,这样会推翻整个法律体制,造成整个国家的混乱和无政府主义(anarchism,好像G背过)。而我们的目的却是要完善法律体制。第三,健全和完善法律监督机制。
写的时候发现最后一条不是很贴近题目,所以做了小的修改。
而且当时写提纲的时候用的词在文章里几乎没用上……
There is a controversy whether one should disobey unjust laws in the society. In the process of such debate, I would hold my view that in the nowadays society, every individual should not only obey the just laws, but also disobey and resist unjust laws, which could change and revise the law in order to be more justice to everyone.
The use of the law is to respect and protect every citizen in the whole nation and should represent the people's will. Everyone should not be beyond the law. Besides, the law makes the whole nation in order. This is the base demand in a democratic country. However, it is true that in the society, actually two forms of laws exists, "just laws" and "unjust laws". Every person should obey the just law, while they have to abide some "unjust laws" in their daily lives.
What is the reason of such situation that has been formed in the society? Firstly, it is true that the law should represent the will of all the people, but such law is set by the rulers. It is hard to say that the whether the present law represents the majority of people instead of the ruler's will. Secondly, the present laws still have some holes that should be filled with, so there leaves a problem where the law ignores. Thirdly, even if the law does not have any flaws, there is a big problem that the people should obey the law, but the fact is that the law can't be obeyed in some places, which causes the form of "unjust law".
Do people have to obey the unjust laws as the saying goes, “everything that has been in this world should have its own reason to survive"? Definitely not. People should disobey unjust laws, which could consummate the so-called "just law”, and to make the progress of society. Rosa Parks is a good example. Her behavior of disobeying unjust laws that refuses to leave her "white only" sit causes a reform and the improvement of the African Black's rights. Through the disobedience, the change and the reform of unjust laws will take place, and the aim that everyone should be equal under the law will gradually reached. Under this circumstance, the problem that people do not obey the law will be settled. And the law will go back to its initial function, which represents the people's will and the unjust law should be disappeared in the end.
However, it should be admitted such disobey or resist should not beyond the base principle of a nation. Because the goal of the resist is to consummate, not to upset. If the base constitution is overthrown, the whole nation would fall into disorder and anarchism.
To sum, it is important to disobey the unjust laws when we meet such unjust laws, because it does good to the consummation of the law and helps to build a democratic society. |
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