issue180 法律解决道德问题

泪雨UID: 157931

180 "Many problems of modern society cannot be solved by laws and the legal
system because moral behavior cannot be legislated."


The speaker asserts that many problems of modern society can not be solved by laws and legal system in that moral behavior cannot be legislated.  In my point of view, though I agree that there do exist such problems, which are beyond the laws, many moral behaviors can be legislated and solved under law system actually.

For one thing, in spite of that there are a number of problems which go against people's moral standard to some extent, laws have no rights to solve these problems in that such ones do not have conflicts with our laws.  In order to bring this point to a clear understanding, I will lend an example.  As is known to all, when buying something or waiting something, people usually queue with an eye to keep a peaceful circumstance.  But a few ones all too often jump the queue and disturb this moral standard in essence, for which these queue jumper are always caught in blames.  On the other hand, they do not break the law in most countries so that laws could not restrict them against doing a wrong thing to morality.  Thus, laws are not always useful when facing a moral problem owing to the fact that moral problem does not mean a problem in law to some extent.

For another, when rising into a very extent, moral affairs could change into problems in laws.  Under this situation, laws could handle these problems undoubtedly.  For clarity, we could focus on some extreme criminal behaviors, such as rape and murder, which insult both laws and moral standard.  It shows that such crimes, which break the laws undoubtedly, could never be acceptable in human minds – in moral valuation of people’s deep thoughts indeed. In other words, such extreme behaviors have characteristics of the both two -- they are moral problems as well as crimes.  Accordingly, confronted by such kind of problems, laws have to play key roles in solving them in that these problems have been in the legal extension.  This case indicates that when a moral problem is a problem in laws - that is when someone's behavior offends laws and moral standard at the same time - laws could be applied into usage.

Moreover, moral problems change into law affairs increasingly in recent years since people are always trying to perfect law system and we should not neglect the fact that one of the bases of legislation is moral standard of majority.  For instance, cheating in the entrance exam to university in China has been a criminal behavior since last year, which would be punished strictly by the law these days but were free beyond legal system in the past time.  Just as this case, a considerable number of new laws are being legislated and will be continued in that our laws require development and our moral standard is also changing as time goes on.  The reason why many moral problems became legal problems is that it is the moral standard that determines our legislation ultimately in essence.  Easily put, what the majority of people consider right are our principles and rules of behaviors suggesting the major moral standard of human beings and finally some of these principles and rules turn into laws.  Therefore, it is believed that laws would deal with more problems in the area of morality.

To sum up, in spite of some problems that laws could not handle, laws, as the most authoritative principles of human behaviors, could solve many moral problems indeed and expectantly more and more.

needleUID: 158900

180 "Many problems of modern society cannot be solved by laws and the legal
system because moral behavior cannot be legislated."

[建议楼主下次把提纲一起发上来]

The speaker asserts that many problems of modern society can not [cannot] be solved by laws and legal system in that moral behavior cannot be legislated. In my point of view, though I agree that there do exist such problems, which are beyond the laws, many moral behaviors can be legislated and solved under law system actually.[反对立场+让步]

For one thing, in spite of that there are a number of problems which go against people's moral standard to some extent, laws have no rights to solve these problems in that such ones [they] do not have conflicts with our laws[让步立场]. In order to bring this point to a clear understanding, I will lend an example. As is known to all, when buying something or waiting [for] something, people usually queue with an eye to keep a peaceful circumstance. But a few ones all too often jump the queue and disturb this moral standard in essence, for which these queue jumper are always caught in blames. On the other hand, they do not break the law in most countries so that laws could not restrict them against doing a wrong thing to morality[例子可以说的简短点，多举几个不好么？]. Thus, laws are not always useful when facing a moral problem owing to the fact that moral problem does not mean a problem in law to some extent.[意思大致是清楚的，但是缺少很明白的分析。这里我想楼主想说的是个“程度”问题？点明白，文章的深度会不同]

For another, when rising into a very extent, moral affairs could change into problems in laws. Under this situation, laws could handle these problems undoubtedly[两句都是could，用can不好么？这里似乎没必要委婉]. For clarity, we could focus on some extreme criminal behaviors, such as rape and murder, which insult both laws and moral standard. It shows that such crimes, which break the laws undoubtedly, could never be acceptable in human minds –[--] in moral valuation of people’s deep thoughts indeed. In other words, such extreme behaviors have characteristics of the both [of] two -- they are moral problems as well as crimes. Accordingly, confronted by such kind of problems, laws have to play key roles in solving them in that these problems have been in the legal extension. This case indicates that when a moral problem is a problem in laws - that is when someone's behavior offends laws and moral standard at the same time - laws could be applied into usage[be applied to sth, usage的用法没见过].[laws究竟怎样handle这些problems说的不明确。论证力度不够。可以这样入手：这些又违反道德，又违反法律的problems，laws将如何制裁，以得到solve的结果，从而证明你的论点：法律与道德一致的时候，法律可以solve moral problems. 另外，题目中laws以外，还有legal system/legislate的字样，那么，除了已有的法律之外，应当谈一下“立法”的问题。从problems严重违反道德开始，引出立法以制裁之，再引出法律效应。]

Moreover, moral problems change into law affairs increasingly in recent years since people are always trying to perfect law system and we should not neglect the fact that one of the bases of legislation is moral standard of majority[哦？这个感觉应该和body1换位]. For instance, cheating in the entrance exam [examination] to university in China has been [regarded] a criminal behavior since last year, which would be punished strictly by the law these days but were [was] free beyond legal system in the past time[but后面的句子，可以放在句中作插入语]. Just as this case, a considerable number of new laws are being legislated and will be continued in that our laws require development and our moral standard is also changing as time goes on. The reason why many moral problems became legal problems is that it is the moral standard that determines our legislation ultimately in essence. Easily put, what the majority of people consider right are[is] our principles and rules of behaviors [注意，这是民主社会才有] suggesting the major moral standard of human beings[？people of a region] and finally some of these [how to select？why some are and some not? U’d better give out a criterion] principles and rules turn into laws. Therefore, it is believed that laws would deal with more [be compared with whom?] problems in the area of morality.[从道德和法律的一致性角度论证，立意挺不错的。]

To sum up, in spite of some problems that laws could not handle, laws, as the most authoritative principles of human behaviors, could solve many moral problems indeed and expectantly more and more.

[立法我认为是laws产生的基础，放在body2不如放在body1。可以尝试一下这个思路：
让步（有些道德问题法律不能解决）——但是，法律产生的基准就是道德标准，因此，法律的目的实际还是解决道德问题——法律也的确能够解决很多的道德问题

如何呢？我感觉文章的深度会好一些。

另外，laws可以横向纵向都做一些分析，地域、时间等，都可以的。

文章实例太少，补充一些会更好。比上一篇有很大进步。加油！]

泪雨UID: 157931

谢谢needleJJ这么精彩的修改哦

我提出一些自己的见解哦

1。问题的分类真的不是按照道德问题的程度来分的呢

2。

[laws究竟怎样handle这些problems说的不明确。论证力度不够。可以这样入手：这些又违反道德，又违反法律的problems，laws将如何制裁，以得到solve的结果，从而证明你的论点：法律与道德一致的时候，法律可以solve moral problems. 另外，题目中laws以外，还有legal system/legislate的字样，那么，除了已有的法律之外，应当谈一下“立法”的问题。从problems严重违反道德开始，引出立法以制裁之，再引出法律效应。]

我要说明的是：法律可以解决一些道德问题，目的是说明这种能力
而不必去解释：如何解决道德问题——当道德问题进入到法律层面里面 就自然可以被法律问题解决了（无意外的话），至于是如何？那就是法律本身的事情，与我的TS无关了。另外立法的问题，在后面的段落已经解决了

3。

[立法我认为是laws产生的基础，放在body2不如放在body1。可以尝试一下这个思路：
让步（有些道德问题法律不能解决）——但是，法律产生的基准就是道德标准，因此，法律的目的实际还是解决道德问题——法律也的确能够解决很多的道德问题

如何呢？

文章实例太少，补充一些会更好。比上一篇有很大进步。加油！]

你的这个思路也很不错阿
不过我认为道德是法律的基础之一跟题目来说是第二层的对应关系
所以放在了moreover里面


思路已经明确了 看来例子可以多举一些！呵呵

imongUID: 140258

180 "Many problems of modern society cannot be solved by laws and the legal
system because moral behavior cannot be legislated."

首先先明确 什么是moral behavior ？什么是cannot be legislated？

如果按照你这篇文章，其实是拆分了moral behavior：未必就都不能，有的可以，有的不行。

那就从一开始就把这个观点挑明，而不是一个模模糊糊的 many moral behaviors can be legislated
这样的话文章会清楚许多。看看1.6：it depends on what？
哪怕就不说depend on what，把两边的contrast立出来，也好。

改正意见：
首先提出 后半句because句的错误 要分情况讨论
而相应的 到了solve problem 的确 有些是恰好因为没法立法而没法解决 有些恰好就能立法外加给解决了

写的大的话 4个body 小的话 2个

而且对于moral behavior的定义把握，一定要清晰而且维持住。cheating我感觉是moral behavior + 违反law behavior的加合，law通过惩处局部惩处全部。如果这里的定义是分开的，你的论点就不能成立了，如果这里你巧言强辩把这一因素归属于moral behavior，那就是成功立论的。你怎么定义，别人就怎么认为，就只怕你自己先串了。

泪雨UID: 157931

最初由 imong 发布
[B]180 "Many problems of modern society cannot be solved by laws and the legal
system because moral behavior cannot be legislated."

首先先明确 什么是moral beh..

以下省略...... [/B]

审题的时候 我基本上抓的是前面的点 决定把because的内容放在后面 于是在body3比较模糊的设计到了题目中的because内容
对于前两body，的确是在做两种拆分，能的 和 不能的 针对solve

但的确没有提出depends on的这样一个“纲”
那么仔细考虑了一下 找程度看来是一个比较明确的一个刚，正如needle所说，其实在body2中的ts也有体现，然后在thesis和body1体现出来会好些

由于把文章重点放在了solve上面 所以结构排列是这样的
先批驳because 那恐怕legislate就要花大些笔墨了 侧重点不一样了吧

谢谢imong哦！ ;)