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我也是刚刚进来,咱们还得大家讨论,有不足的地方还得帮我指出
issue174 法律灵活性,欢迎大家来拍,必回拍,谢谢
issue174
"Laws should not be rigid or fixed. Instead, they should be flexible enough to take account of various circumstances, times, and places."
基本同意
1. 法律应该适应社会和时代的变化而变化的
2. 法律应该保持一定的稳定性,太频繁的变化对个人和社会都有害
结论:法律应该在稳定性和灵活性上达到平衡点,
Franklin Roosevelt, American president, said that “Growth and change are the law of all life. Yesterday’s answer is inadequate for today’s problem---just as the solution of today will not fill the needs of tomorrow.” So do laws. Some ancient laws might not resolve the current problem effectively. If laws are too rigid or fixed, they cannot act the guard of society whose function is protecting citizens and their legal rights. Laws should be flexible enough to adapt the rapid development of society insofar as maintaining certain stability and consistency.
It is pivotal for laws to own advisable flexibility according to the change and request of current society. Regarding to this point, the draftsman of “The Declaration of Independence” Thomas Jefferson had his comprehension “No society can make a perpetual constitution, or even a perpetual law.” The society is advancing step by step; consequently laws should keep pace with it. There are numerous instances in history to demonstrate proper change of laws. Take the legal heir as an example; in ancient time only the oldest son had the right to heir his family belongings and title; after women’s social status were elevated and they requested the equal right to men, laws of heir changed that all offspring, including sons and daughters, could inherit family property. Later, considering the will of the dying people and the different contribution of offspring to family, laws about heir changed again, the possession of family would be distributed following the testament. If people still insist on applying the earliest inherited laws, the oldest son could get everything without doing anything while his brothers or sisters received nothing even if they had contributed to family greatly. It is quite unfair and results in discontent or quarrel in the family. Based on the revision of laws about heirs, we can find out laws should modify(should be modified) according to change of social background and people’s ideology. The aim and impetus of revision is developing the fairer, more equal and justicial laws. (The aim and impetus of revision is developing the laws more equal and justicial. Or. The aim and impetus of revision is to achieve a more equal and justicial law.前置比较级修饰不大好,有歧意,如果按原先那样,改进和发展的就是更公平法律了,而应该是改进法律使之更公平。)
When focusing on the flexibility of laws, people should not neglect the significance of stability of laws. Since laws are the basic principles of our day-to-day business, every behavior should not beyond the frame which is confined by laws. In the personal level, the consistency laws help people make prediction of consequence of their behaviors and gain protection if their rights are deprived. When it comes to society, laws are the powerful weapons to maintain the stability and harmony of a nation. Laws bring not only security to good citizens but also punishment to criminals, which provide the fine circumstance for prosperity. If laws change too sharply or frequently, people will feel insecurity and are confused the intricate condition in that they will lose sight in how to adapt the sudden alternation of laws; in a not dissimilar way, society will be involved in disorder and chaos since the government lose instruments to keep the society in concordance and stability. That is to say, laws should keep comparatively stable and consistent. American Constitution is an exact paradigm. From its draft to now, it has experienced for more than two hundred years, while there are merely revised within a small range. To some extent, the stable constitution plays a substantial role in prospering America.
In balance, laws are established in terms of the custom and authority and should cater for the change in social background and people’s ideology. Both proper flexibility and comparative stability are essential to laws. Only combined and keep a balance between two aspects, could laws with fresh blood keep pace with the society.如果改的部分有不确定的我会把它用括号括起来,我觉得例子都很好呀。
[ 本帖最后由 frankku 于 2006-2-4 10:26 编辑 ] |
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