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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."
Outline: 1.it is oversimple to categorize law into either just or unjust. The definition of law is indeterminacy.将法律划分为公正和非公正过于简单,法律的概念并不是很明确
2.The law is not invariable. It should be challenged and ameliorated(mended) with the development of the society. the definition of "just" is based upon the general will of the citizens,however, the fairness of law is on the basis of one’s personal interest and value system. 法律并非一成不变,随着社会的进步,它也随之被置疑与修改。法律是代表大部分人的意志,但法律的公正性是基于各人的价值观和喜好,是主观的。 3. whether a law is just or unjust should be analyzed on case-by-case.法律的公正与否应该进行案例分析,不同的国家的不同时期所采取的法律也不大相同。
4.Resisting the unjust law may cause risks or have some opposite effects on what was intended or hoped for.(1)the phenomenon will block the development of society and impede the process of the democracy in the nation。公正与非公正法同样重要,没有轻重之分,而且反抗非公正法有可能带来危害.这种现象将会阻碍社会的进步和国家民主化的进程。 5.in sum, as one of the most crucial elements of modern society, the laws have to be served as the guideline for almost all the citizens and also provide them with a stabilized (steady) climate (ethos)
经过POOH JJ 和小鬼的修改,自个也好好想了许久,有一些观点我仍是坚持,而有许多没注意到的地方和逻辑上的漏洞都要谢谢两位的修改,还有一些地方希望能与大家共同探讨!
Originally "the just and unjust laws" were presented by Dr. Martin Luther King, who said (and I paraphrase):"An just law is the representation of the general will and uplifts human personality; on the other hand, an unjust law is that the majority compels the minority group to obey and does not make binding on itself." When it comes to this topic, I would like to put forward my question: does it rightly categorize the law as either just or unjust? Were I left to offer my opinion, I would not hesitate a moment to say that the statement, according to which people have the responsibility to not only obey the just laws but also resist the unjust ones, is too extreme. In my point of view, the just laws and unjust ones should be analyzed on case-by-case study.
In the first place, though the law represents the general will and uplifts the human personality, nowadays the fairness of any law is based upon one’s personal inclination and value system. Just as Jean-Jacques Rousseau’s viewpoint, who is an 18th century French Political Philosopher (and I paraphrase):"The ideal state is a world where the laws express people in general will, a will that aims at a common good.' Based on Rousseau's talking, we can find not only his definition of law is established on the ideal state and in his opinion it goes without saying that it is our ultimate goal,but also the law is not invariable and should be challenged and mended with the development of the society. Let us take a glance at one of the example on the fairness of the law. Consider, for example, the controversial of homosexuality. Confronted with this topic, different people have different opinion due to their respective value system. The law in most countries forbids the homosexualities intermarry Some people think that it violates the ethics and they cannot accept such person, while others argue that it is one's right to choose his or her life style and we should treat such person equally. From what has been analyzed above, whether a law is just or unjust is not a straightforward but an indeterminacy issue, which depends on one’s personal interest and value system and in fact is based upon one’s subjective viewpoint.
Furthermore, the thing I would like to take a glance at is that whether a law is just or unjust should be analyzed on case-by-case. In most peaceful countries, the just law almost represents the general will and stands for the general interests. All citizens, including all dignities and all public occupations and all public positions, are equal in the eyes of the law, whether it protects or punishes; on the other hand, in some troublous countries, the public has no choice but to enact some high-pressure measures as their laws, which seem to be the unjust laws in our opinion, but the public cannot help but adopt those laws to guard all the society. Take Soviet Union for example, during Stalin's time, the enactments of the laws were mostly based upon Stalin’s subjective viewpoint. It goes without saying that those were unjust laws, whereas those high-pressure measures were indispensable to ensure the steady of temporal society.
According to the statement, resisting the unjust laws is more important, but both obeying the just law and resisting the unjust law are of significance to our society, moreover, resisting the unjust law may cause risks or have some opposite effects on what was intended or hoped for. The just laws reflect the general will and achieve the general good of a society, therefore, any people should obey the just laws in their social responsibility. On the contrary, the unjust laws are deleterious to hurt the general interests and go against the general will and the human rights. The most prominent result based on the unjust law is that it may block the development of the society and impede the process of the democracy in the nation. Therefore, any conscientious person has the responsibility to resist the unjust laws. However, it cannot be denied that resisting the unjust law may cause some risks that we have not imagined.
Taking into account all the factors, it is not difficult to say that the laws, as one of the most crucial elements of modern society and the guide for almost all the citizens , do not simply categorize as either just or unjust. Moreover whether a law is just or unjust should be analyzed on case-by-case study and ultimately we can attain the conclusion.
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