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发表于 2009-8-18 22:53:43
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Issue 17
"There are two types of laws: just andunjust. Every individual in society has a responsibility to obey just laws and, even more importantly, to disobey and resist unjust laws."
提纲:
1. 首段:作者将法律是否公正的问题过于简单化了。理性的看待公正性这个问题,首先应该弄清三方面问题——怎样定义一个不公正的法律;人们怎样面对他们自己所认为的不公正的法律;立法者应该怎样处理立法中存在的争议。
2.法律公正与否不应该由个人来判定。法律本身的公正性也是相对的;认为一部法律不公正的人里面,各自的理由有不尽相同。任由个人来定义法律的公正性会导致混乱和法律无法执行。
3.人们应该无条件的遵守已经通过的法律。从全局的角度来看,这一点维护了法律的尊严。
4.然而,在要求人们无条件遵守已通过的法律的同时,立法者应该在法律的框架内设立提交争议、解决争议的机制。
5.结尾:3,4二者对于建设和谐的社会、实现可持续发展缺一不可。
The issue about how should people confront laws which seem unjust has been debated for long period of time. In the author's view, people only need to simply disobeyand resist those unjust laws, as well as they obey the just laws. In fact, theattitude like this does not understand the essence of the problem, and simplifiesthe problem excessively. To give an answer to the problem rationally, in myperspective, it is necessary to clarify on 3 issues: How to define an unjustlaw, what is the appropriate way people should confront unjust laws seemed fromtheir views, and how should the legislators do when disputes exist in specificlaw.
Firstly,the justice of law cannot be defined by individuals because each personconsider a given law usually from different perspectives, which can induce debatein differences from culture, religion, ethical views, social class, or otherareas. Some people may have dispute on the justice of a given law, while othersdo not doubt on that. Furthermore, there might be various reasons for differentindividual within those people who feel unjust. As an example, for a group ofpeople who hold disputes on a law which is about monitoring citizens' privatetelephone calls for national security issues, some of them may insist thattheir privacy cannot be spied; some of them consider that this policy mayincrease the financial pressure to the government; and the other of them,however, indicate that this proposal has little technological feasibility. consequentially,defining the justice of laws by individual view will induce ambiguousness andconfusion to the legislation and justice. In fact, there is no absolute andobjective justice for a specific law. Then, a question arises: how can we ensurethat a given law is just for most people? As a common sense, a law should be votedto adoption only when the number of people who agree on the law reaches acertain proportion among all people take part in the voting. Such a program oflegislation maximally keep the justice of laws.
Secondly,people should obey the laws that have been adopted through the legislativeprogram of the nation. We can make an analog with the situation in an army. Soldiersand officers in an army would usually be asked to obey any command from their superiors.Only with such absolute obeying, soldiers and officers can be organized to performtheir mission efficiently, and possibly win in battles. As the same token, thelaws should have to be obeyed and performed without contradiction even ifcitizens have dispute on them. Without the laws being enforced upon, the legalsystem, which is used to maintain the stability of the society and provideprotection to the benefits of majority, will be damaged in its dignity.
Thirdly,however, to enforce the laws is only the one aspect of the problem. On theother aspect, it is critical for keep the social stability and harmony thatthere is possibility for people, who have disputes on specific law while theyobey it, to appeal their views to eliminate the unjustness from the law. A feasibleand detailed program, which guide people to state their issues to the law, andthen discuss by the legislature if it is necessary and how to amend the law, shouldbe included in the whole legal system of the nation. Such a way provides thesociety a solution that settles the disputes on the justness of the laws withinthe legal framework.
Insum, enforcement of the laws and a fare and efficient legal mechanism to settledisputes on laws are both necessary conditions for making the societyharmonious and stable. Without enforcing the laws, the society cannot be managedefficiently; without settling the disputes on the laws, on the other hand,people would have no choice but resist the laws, sometimes in extremely wayswhich would bring harm to the social security and development. |
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