[YB-2]7月2日作业 by sunxcint

sunxcintUID: 2654472

argument没有写，有点时间和精力都不够了。还是想近期攻一下issue.

180"Many problems of modern society cannot be solved by laws and the legal system because moral behavior cannot be legislated."(49)
提纲：觉得作者观点比较confusing
1、总得来说，道德层面的事情是不应该具有强制性的
2、但是近年来有关的道德的立法实践也屡有发生
3.  有些事情法律不能解决并不全是因为道德不能被立法，可能涉及其他方面的原因。


Laws and moralities serve in different aspects of our daily lives.  I agree with the speaker insofar as that while laws are punishable, morality,which mainly involves conduct without compulsion, often should not be legislated. However, in these years subtle changes has taken place when it comes to morality of business where the legislators in the US claim that laws should be enacted to punish the immoral behavior.

It is important to recognize the difference between laws(i.e.what is actually legal) and morality(i.e. what should be legal). Laws serves to defend basic values--such as laws against murder, rape, malicious defamation of character, fraud, bribery, etc.Laws can state what overt offenses count as wrong and therefore punishable. Although law courts do not always ignore a person's intention or state of mind, the law cannot normally govern, at least not in a direct way, what is in your heart (your desires). On the other hand,what should be legal roughly corresponds to what is really right or just, that is, what we would call morally right. Morality, when it is internalized and become habit-like or second nature, governs conduct without compulsion. The virtuous person does the appropriate thing because it is the fine or noble thing to do.Because morality often passes judgment on a person's intentions and character, it has a different scope than the law and it is generally accepted that moral behavior often should not be legislated.

However, there are still some exceptions,especially when it comes to the business which tend to act on behalf of their own financial interest and behave immorally.For example, bribing foreign government officials and go-betweens for business favors was not illegal, according to American law, when the practice was exposed by the press in the 1970s. Moral revulsion and indignation in the Congress and elsewhere, however, led to the passing of an antibribery law which makes foreign bribes by American firms an offense. Now some legislators, it is said, are having second thoughts. Although the 1982 exposure of the bribery of foreign agents by American firms led to heavy fines (offset many times by heavier sales), now American business persons charged with bribing foreign officials are primarily viewed as having acted illegally rather than just immorally.

Even if it is conceded that moral behavior cannot be legislated, it should not become the reason for many problems that can not be solved by laws and legal system.After all, the modern society is so complex that there are lots of  affairs which are associated to the aspects such as nations, religion, and socity and  thus related to neither laws  nor moral. For example, the boundary dispute, the cause of which usually involves long and secret history, between two neightbouring country happens time and time again now in the world. However, it is not wise and difficult for anyone to draw the conclusion that one party involved is legally or morally and the other party is just or innocent, especially when the dispute being entangled with religion.

In sum, laws and moralities are  essentially different regulations in human society. Nevertheless, since the extent of the corruption of the business mority  has been greater these years, the regislators are also trying to set up new laws to decelerate this trend. Besides, it is the involvement of many modern problems with other aspects of our daily lives such as nations, religions that causes they can not be solved within the frameworks of laws.