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Issue 17
"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."
重申:写的不好。例子不够有力,而且写的似乎太多。定义似乎应该再整合一下成为一句话好。大家凑合看看吧。
这道题题眼较多。我全回应了(可能不必吧。。。)
题眼:法律的分类。Every individual 。responsibility to obey just laws 。more importantly。disobey and resist unjust laws。共5个要点。
这篇不是当issue作文用的,是因为这几天大家都在写17题,而且窃以为对unjust law理解都不到位,才冒昧贴这篇文章来集中谈一下恶法的定义,以及事实上存在的反抗方式与我的看法(例如法律的定义)。谢谢imong的:你自己对关键字的分析很到位(但愿不是反语)。我就是这个目的。
因此这篇文章算是为了“交流”而不是做为response啦。标题说了“写得不好”就是次意,而且考试是当然没法想&写这么多。
I agree that we have responsibility to obey just law and equally important to disobey the unjust law, but the way of resistance and disobedience should be carefully selected.
There are two types of law, namely, just law and unjust law. The just law is the incarnation of conscience and justice presenting a balanced interest of the masses and bringing harmony to society. On the contrary, the unjust law, though superficially legislated, is defined to be only the whimsies and prejudice of the political leader and actually deviating from the essence of law. It is no law at all as the jurist--St. Augustine claimed.
这段没用,影响整体。删掉。Stemmed from the comprehension mentioned above, it is deduced that we have responsibility to obey just laws and equally importantly, we have responsibility to disobey and resist unjust laws.
The responsibility to observe just laws lies in that just laws are in conformity with morality--justice and conscience. It is basically due to that law originally came from ethnics so law is, to some extent, in accordance with morality. (As a survey stated in the article <Justice, Liability and Blame: Community Views and the Criminal Law>, the morality in the law is an important factor for people to abide by the law.) If we want to be moral and be accepted by the society, we should jibe with the law. For example, the murder is considered an immoral action so people are unwilling to do that. If we commit murdering, we will be forsaken by the society and end up in prison. Second, the law should be obeyed in that it brings order to the society. What is more, when all of us obey the law, justice will really take place and the society is in an ordered form. If we disobey the just law, people will become rampant and willful with no confinement and the society will be bogged down in a chaotic status. To sum up, we should observe just laws for the sake of morality and benefit of the society.
In addition, we also have the responsibility of disobeying and resisting unjust law. As has been stated, the unjust law is only whimsies of the leader and is detrimental to the public. First, the law should be banished for the sake of the society. The unjust law should be forsaken lest no real justice be established. Besides, as the law is reduced to the tool of the leader himself and detrimental to the masses, it will surely lead to the disharmony of the society, in the view that public being oppressed and harmed. For example during the colonization of America, the English government imposed the abnormally heavy Tea Tax on the America colony settlers which greatly hamper the American to gain a blithe and wealthy life. And after it being resisted and finally its abolition, the settlers lived better than they used to. From the improvement of American life, we can identify the harm of the unjust law and thus the responsibility for us to disobey and resist the unjust law.
As the unjust laws are proved by the constitution but fail its quest. The responsibility to resist and disobey it lies in the people--every single individual of the society. The common people should utter their demand, claim their rights and shoulder the obligation to ameliorate the society. History provides a handful of examples. Martin Luther King, JR. led the non-violent movement to free the Afro-Americans from the suffocating oppression of racial discrimination laws. These laws are not passed in the aim of harmonizing the nation but fulfilling the prejudice of the domineer race. And King organized the Afro-Americans to resist these laws and free themselves when the laws failed to free themselves. And at last justice won over the unjust laws. So was Gandhi, the Indian non-violent movement leader. Yet, another way of disobeying unjust law is advocated by Thoreau. He contended that one can resist unjust law merely by act in an unlawful way without the presence of an organization. If one thinks the taxation is unfair, he can resist it simply by evading the tax. When many people doing so, the legislature will realize the laws are unpopular and ineffective and the abolition ensues. No matter which way is adopted, we all have the responsibility to resist and disobey the unjust law.
It is true that the resistance made by the mass is desirable, but the way to protest should be carefully selected. Due to the considerable difficulty in determining whether a law falls into the category of just or unjust laws, radical measure to resist the suspicious unjust law should be avoided. In practice, it is recommended that the discontented unite and form an organization to communicate with the legislature, and thus the two sides may peacefully reach an agreement on whether the revision of the law is necessary without the harmony of the society being violated. Sometimes a law may contain both just and unjust elements. To prevent the abuse of this negation of the law, the protestors should discern the unjust elements from the just ones which should not be open to attack.
Without the obeying of the just laws, the society is under the reign of chaos and disorder. Without the resistance and disobedience of the unjust laws, the society is at the mercy of prejudice, malevolence and inequality. Both of these results are undesirable. Therefore, we equally have responsibility to obey the just law and disobey the unjust one. |
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