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refer to this edition. ---iq28
With the development of the democratic legislation, more and more social problems have been solved by laws and legal system; however, there remain enormous problems concerning morality for us to handle. I fundamentally agree to the speaker's assertion that such problems cannot be solved by either laws or legal system because moral behavior cannot be legislated.
First of all, because different people have different opinions about moral standards, legislation about moral behavior can hardly be well accepted by the public. In comparison with criminal activities, towards which people tend to have, if not the same, similar definition, much immoral behavior shapes various reflections in different people. For supporting examples one needs look no further than mercy killing. In some people's opinion it is quite immoral to end a human being's life if he can still live on, no matter how toughly he is suffering from disease; however, in other's views it is truly moral to do so, because the behavior can extricate the patient from endless pain. If whether mercy killing is moral were legislated, people who hold the opposite opinion will inevitably feel it difficult to accept and can seldom obey it of one‘s own. As in this case potential contradiction may correspondingly impair the authority of laws and legal system, the legislation of mercy killing show no feasibility.
Moreover, a lot of immoral behavior involves so much privacy that it can seldom be confined by legislation. In people's private life, what they have done can hardly be accessible to the public; consequently, if they behave themselves immorally hiding behind their privacy, no legislation of moral behavior can confine them. For instance, nowadays teenage pregnancy, because it can hamper teens’ health and result in negative social influence, climes up to a crucial social problem in many countries. However, it is obviously that irresponsible sexual behavior between two teens is so private a thing that outsiders can never know in advance, not to mention the preventing power of legislation. In fact, people's private life can seldom be touched by laws or legal system.
In addition, legislation of moral behavior, in which rigidity is involved by legislation's nature, can impair people's freedom on some occasions. In reality, people's behavior concerning about morality tends to be more complicated than the degree that legislation can reach within its limited documents; however, legislation must stipulate that it be applicable in all situations, which necessarily brings about rigidity that may diminish people's freedom. For example, in the 1930’s America, social problems related with intemperate potation, such as tussle and family violence, threaten social stability seriously. Because of the promotion of women’s organization and the feedback from all over the American, the Government decided to work out legislation against the immoral behavior of intemperate potation. However, while it was difficult to discriminate intemperate potation from temperate potation, the government had no choice but to forbidden the behavior of potation exhaustively. According to the legislation, any behavior of drink alcohol, no matter the quantity, the time, and the reason, would receive punishment. In fact, human rights were dramatically undermined by this legislation; and it was finally abrogated because of people's fierce protest.
To sum up, moral behavior has its special characteristics that prevent it from legislation. As a result, in such a complex society as ours, although laws and legal system are feasible approaches to solve many social problems, many other ones about morality cannot be eliminated via them.
180 "Many problems of modern society cannot be solved by laws and the legal system because moral behavior cannot be legislated."
现代社会的很多问题是法律和立法系统无法解决的,因为道德行为是无法用法律约束的。
1. As different people have different opinion about moral standards, it can hardly be well accepted by the public if moral behavior is legislated.
2. a lot of immoral behavior involves so much privacy that it can seldom be confined by legislation.
3. Legislation of moral behavior may impair people's freedom on some occasions.
With the development of the democratic legislation, more and more social problems have been solved by laws and legal system; However, there remain enormous problems concerning about morality for us to handle. I fundamentally agree to the speaker's assertion that such problems cannot be solved by either laws or legal system because moral behavior cannot be legislated.
First of all, as different people have different opinion about moral standards, legislation about moral behavior can hardly be well accepted by the public. In comparison with criminal activities, towards which people tend to have, if not the same, similar ideas about what it is, much immoral behavior shapes various reflections in different people. For supporting examples one need look no further than mercy killing. In some people's opinion it is quite immoral to end a human being's life if he can still live on, no matter how toughly he is suffering from disease; however, in other's views it is truly moral to do so, because the behavior can extricate the patient from endless pain. If whether mercy kill is moral were legislated, people who hold the opposite opinion will inevitably feel it difficult to accept and can seldom obey it of one own. In this case, potential hazards may impair the authority of laws and legal system in the long run.
Moreover, a lot of immoral behavior involves so much privacy that it can seldom be confined by legislation. In people's private life, what they have done can hardly be accessible to the public; consequently, if they behave themselves immorally hiding behind their privacy, no legislation of moral behavior can confine them. For instance, nowadays teenage pregnancy climes up to a crucial social problem in many countries. However, it is obviously that irresponsible sexual behavior between two teens is so private a thing that outsiders can never know in advance, not to mention the preventing power of legislation. In fact, people's private life can seldom be touched by laws or legal system.
In addition, legislation of moral behavior, in which rigidity is involved by legislation's nature, can impair people's freedom on some occasions. In reality, people's behavior concerning about morality tends to be more complicated than the degree that legislation can reach within its limited documents; however, legislation must stipulate that it be applicable in all situations, which necessarily brings about rigidity that may diminish people's freedom. For example, America worked out the legislation against the immoral behavior of bibulosity in the 1930's. According to the legislation, people mustn't drink alcohol, and any behavior of drink alcohol, no matter the quantity, the time, and the reason, would receive punishment. In fact, human rights were dramatically undermined by this legislation; and it was finally abrogated because of people's fierce protest.
To sum up, moral behavior has its special characteristics that prevent it from legislation. As a result, in such a complex society as ours, although laws and legal system are feasible approaches to solve many social problems, many other ones about morality cannot be eliminated via them.
[ 本帖最后由 iq28 于 2007-6-24 05:26 编辑 ] |
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