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178"It is possible to pass laws that control or place limits on people's behavior, but legislation cannot reform human nature. Laws cannot change what is in people's hearts and minds."
好的,就这个(汗..我咋觉得这题有点难.)
那我们开始吧,我找素材,就贴在这一楼拉 新年快乐~~:kiss::$
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1,http://web311.pavilion.net/USAkingML.htm
[背景] In November, 1962, Martin Luther King was arrested and sent to prison for demonstrating against segregation in Birmingham, Alabama. While King was in prison he was criticised by a group of clergymen from Alabama who described him as a political extremist. King wrote a letter to the clergymen explaining his actions.
I was initially disappointed at being categorized as an extremist, as I continued to think about the matter I gradually gained a measure of satisfaction from the label. Was not Jesus an extremist? An extremist for love, truth and goodness.
There are two types of laws: just and unjust. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. We should never forget that everything Adolf Hitler did in Germany was "legal". Any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority.
[这一段适合两个题目。Issue178,对于法律能不能改变人性,和法律本身的性质有关。Issue17,just and unjust laws.]
I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over his injustice, is in reality expressing the highest respect for law. Of course, there is nothing new about this kind of civil disobedience. It was practiced superbly by the early Christians, who were willing to face hungry lions and the excruciating pain of chopping blocks rather than submit to certain unjust laws of the Roman Empire.
[大多数同学写赞成反抗不公正法律,这里有个反对的思路。]
2,Encarta
Law is not completely a matter of human enactment; it also includes natural law. The best-known version of this view, that God's law is supreme, has had considerable influence in the United States and other Western societies. The civil rights movement, for example, was at least partially inspired by the belief in natural law. Such a belief seems implicit in the view that law should serve to promote human dignity, as for instance by the enforcement of equal rights for all. Muslim societies also embrace a kind of natural law, which is closely linked to the religion of Islam.
Natural Law (ethics), in ethical philosophy, theology, law, and social theory, a set of principles, based on what are assumed to be the permanent characteristics of human nature, that can serve as a standard for evaluating conduct and civil laws. It is considered fundamentally unchanging and universally applicable. Because of the ambiguity of the word nature, the meaning of natural varies. Thus, natural law may be considered an ideal to which humanity aspires or a general fact, the way human beings usually act. Natural law is contrasted with positive law, the enactments of civil society.
[对于宗教和法律紧密结合的国家和地区,Natural Law的作用和对于我们普通理解的法律的影响]
3相关阅读
Source: Paine, Thomas. Rights of Man, Common Sense, and Other Political Writings. © 1995. Reproduced by permission of Oxford University Press.
From Rights of Man
Anglo-American political philosopher Thomas Paine wrote the treatise Rights of Man (1791-1792) as a reaction to British statesman Edmund Burke’s Reflections on the Revolution in France (1790). Burke argued that France should have reformed its existing government instead of undergoing a revolutionary upheaval. In contrast, Paine saw the French Revolution as an opportunity to fashion a new European government along the same lines as the fledgling democracy in the United States. In this excerpt from part two of Rights of Man, Paine asserts that the more perfect a society becomes, the less government is needed to uphold the rights to which each individual is naturally entitled.
From Rights of Man
By Thomas Paine
CHAPTER I
of society and civilization
Great part of that order which reigns among mankind is not the effect of government. It has its origin in the principles of society and the natural constitution of man. It existed prior to government, and would exist if the formality of government was abolished. The mutual dependance and reciprocal interest which man has upon man, and all the parts of a civilized community upon each other, create that great chain of connection which holds it together. The landholder, the farmer, the manufacturer, the merchant, the tradesman, and every occupation, prospers by the aid which each receives from the other, and from the whole. Common interest regulates their concerns, and forms their law; and the laws which common usage ordains, have a greater influence than the laws of government. In fine, society performs for itself almost every thing which is ascribed to government.
To understand the nature and quantity of government proper for man, it is necessary to attend to his character. As Nature created him for social life, she fitted him for the station she intended. In all cases she made his natural wants greater than his individual powers. No one man is capable, without the aid of society, of supplying his own wants; and those wants, acting upon every individual, impel the whole of them into society, as naturally as gravitation acts to a center.
But she has gone further. She has not only forced man into society, by a diversity of wants, which the reciprocal aid of each other can supply, but she has implanted in him a system of social affections, which, though not necessary to his existence, are essential to his happiness. There is no period in life when this love for society ceases to act. It begins and ends with our being.
If we examine, with attention, into the composition and constitution of man, the diversity of his wants, and the diversity of talents in different men for reciprocally accommodating the wants of each other, his propensity to society, and consequently to preserve the advantages resulting from it, we shall easily discover, that a great part of what is called government is mere imposition.
Government is no farther necessary than to supply the few cases to which society and civilization are not conveniently competent; and instances are not wanting to shew, that every thing which government can usefully add thereto, has been performed by the common consent of society, without government.
For upwards of two years from the commencement of the American war, and to a longer period in several of the American States, there were no established forms of government. The old governments had been abolished, and the country was too much occupied in defence, to employ its attention in establishing new governments; yet during this interval, order and harmony were preserved as inviolate as in any country in Europe. There is a natural aptness in man, and more so in society, because it embraces a greater variety of abilities and resource, to accommodate itself to whatever situation it is in. The instant formal government is abolished, society begins to act. A general association takes place, and common interest produces common security.
So far is it from being true, as has been pretended, that the abolition of any formal government is the dissolution of society, that it acts by a contrary impulse, and brings the latter the closer together. All that part of its organization which it had committed to its government, devolves again upon itself, and acts through its medium. When men, as well from natural instinct, as from reciprocal benefits, have habituated themselves to social and civilized life, there is always enough of its principles in practice to carry them through any changes they may find necessary or convenient to make in their government. In short, man is so naturally a creature of society, that it is almost impossible to put him out of it.
Formal government makes but a small part of civilized life; and when even the best that human wisdom can devise is established, it is a thing more in name and idea, than in fact. It is to the great and fundamental principles of society and civilization—to the common usage universally consented to, and mutually and reciprocally maintained—to the unceasing circulation of interest, which, passing through its million channels, invigorates the whole mass of civilized man—it is to these things, infinitely more than to any thing which even the best instituted government can perform, that the safety and prosperity of the individual and of the whole depends.
The more perfect civilization is, the less occasion has it for government, because the more does it regulate its own affairs, and govern itself; but so contrary is the practice of old governments to the reason of the case, that the expences of them increase in the proportion they ought to diminish. It is but few general laws that civilized life requires, and those of such common usefulness, that whether they are enforced by the forms of government or not, the effect will be nearly the same. If we consider what the principles are that first condense men into society, and what the motives that regulate their mutual intercourse afterwards, we shall find, by the time we arrive at what is called government, that nearly the whole of the business is performed by the natural operation of the parts upon each other.
Man, with respect to all those matters, is more a creature of consistency than he is aware, or that governments would wish him to believe. All the great laws of society are laws of nature. Those of trade and commerce, whether with respect to the intercourse of individuals, or of nations, are laws of mutual and reciprocal interest. They are followed and obeyed, because it is the interest of the parties so to do, and not on account of any formal laws their governments may impose or interpose.
But how often is the natural propensity to society disturbed or destroyed by the operations of government! When the latter, instead of being ingrafted on the principles of the former, assumes to exist for itself, and acts by partialities of favour and oppression, it becomes the cause of the mischiefs it ought to prevent.
If we look back to the riots and tumults, which at various times have happened in England, we shall find, that they did not proceed from the want of a government, but that government was itself the generating cause; instead of consolidating society it divided it; it deprived it of its natural cohesion, and engendered discontents and disorders, which otherwise would not have existed. In those associations which men promiscuously form for the purpose of trade, or of any concern, in which government is totally out of the question, and in which they act merely on the principles of society, we see how naturally the various parties unite; and this shews, by comparison, that governments, so far from being always the cause or means of order, are often the destruction of it. The riots of 1780 had no other source than the remains of those prejudices, which the government itself had encouraged. But with respect to England there are also other causes.
Excess and inequality of taxation, however disguised in the means, never fail to appear in their effects. As a great mass of the community are thrown thereby into poverty and discontent, they are constantly on the brink of commotion; and, deprived, as they unfortunately are, of the means of information, are easily heated to outrage. Whatever the apparent cause of any riots may be, the real one is always want of happiness. It shews that something is wrong in the system of government, that injures the felicity by which society is to be preserved.
But as fact is superior to reasoning, the instance of America presents itself to confirm these observations.—If there is a country in the world, where concord, according to common calculation, would be least expected, it is America. Made up, as it is, of people from different nations, accustomed to different forms and habits of government, speaking different languages, and more different in their modes of worship, it would appear that the union of such a people was impracticable; but by the simple operation of constructing government on the principles of society and the rights of man, every difficulty retires, and all the parts are brought into cordial unison. There, the poor are not oppressed, the rich are not privileged. Industry is not mortified by the splendid extravagance of a court rioting at its expence. Their taxes are few, because their government is just; and as there is nothing to render them wretched, there is nothing to engender riots and tumults.
A metaphysical man, like Mr Burke, would have tortured his invention to discover how such a people could be governed. He would have supposed that some must be managed by fraud, others by force, and all by some contrivance; that genius must be hired to impose upon ignorance, and shew and parade to fascinate the vulgar. Lost in the abundance of his researches, he would have resolved and re-resolved, and finally overlooked the plain and easy road that lay directly before him.
One of the great advantages of the American revolution has been, that it led to a discovery of the principles, and laid open the imposition of governments. All the revolutions till then had been worked within the atmosphere of a court, and never on the great floor of a nation. The parties were always of the class of courtiers; and whatever was their rage for reformation, they carefully preserved the fraud of the profession.
In all cases they took care to represent government as a thing made up of mysteries, which only themselves understood; and they hid from the understanding of the nation, the only thing that was beneficial to know, namely, That government is nothing more than a national association acting on the principles of society.
Having thus endeavoured to shew, that the social and civilized state of man is capable of performing within itself, almost every thing necessary to its protection and government, it will be proper, on the other hand, to take a review of the present old governments, and examine whether their principles and practice are correspondent thereto.
[ 本帖最后由 yogurt4 于 2006-1-30 00:49 编辑 ] |
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