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TOPIC: ISSUE17 - "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."
WORDS: 635 TIME: 上午 12:44:53 DATE: 2007-7-31
I think it is undue to categorize the law to only just or unjust one simply, in my view, a reasonable and clear evaluation of laws should concentrate on its substantial core principles on which whether behavior of people toward laws are reasonable or not depends .
First of all , if the core principle of laws is founded on :tyranny, unfairness ,or political oppression , then people should resist even try to abolish them. history informs us that in ancient time , usually a country was belonged to a monarch, who wielded his or her power to obligate people to obey laws .in this situation , laws could just be a governing tool which served to consolidate empire's power and benefits ,which usually were based on the painful lives of mass. Then the resistance to this kind of laws could form an impulse to the progress of society and liberate people from abyss of pain. one famous example goes that: George. Washington ,who leaded America Revolution war, once was very disappoint with British laws implemented in America., by which Americans had to accept exploitation from British merchant . then he motivated the war and abolished original unfair British laws .which make him to be one of the greatest presidents in American history.
Secondly, if the core principle of laws embrace many good qualities like: democracy , fairness, and esteem ,then even laws is unjust in certain cases, the public should conform to it for the reason to promise the safety and orders for whole society.
To this type of law , there are two forms of injustice. all of the two should we insist on conforming in the long run.
First: a just law ,but a unjust judgment.
A typical example to illustrate my view in this circumstance is Miranda warning .Miranda was a labor who was arrested for convictions on rape ,robbery ,and kidnapping based on his confession during interrogation ,it was reasonable for punish him to” justice law” , however , as the reason that police did not tell him his rights before interrogation ,which was against legitimated procedures, his rape charge was dropped by Supreme Court .and surely a sweeping anger was stimulated by this decision ,even the president showed an increasing concern for this affair . however , the result remained , Chief justice Warren explained to the public subsequently , he said: a just law may bring a unjust result in certain cases ,however it could promise the safety of whole society , if we impulsively seek for justice in one case at the expense of laws’justice ,then there would be no justice any more for us all . after his announcement , the would society calmed down and advocated his decision . from this example we might indicate that if a just law bring a undue judgment , we should conform to it still ,not disobey or resist it, to keep the esteem of laws
Second: a unjust law .
laws are usually based on experiences , once facing a brand new cases, especial turning out to be unjust , laws could do nothing about them and consequently seem like “unjust”. however , what we should do now is reporting the problems to the legislative Institution ,who could improve laws in a democratic and legitimated way , and wait for the improvement of the law but not take a action like disobedience or resistance , sacrifice in this cases is necessary for refinement of laws and progress of society.
In conclusion , we should identify the laws by the core principles , and then disobey and resist , even abolish the one replete of unfairness, oppression . and conform to the other one with justice ,fairness ,and democracy ,even in certain cases , it is a little” unjust". |
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