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法律
16法律 | 17"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." | | | Law is a system of rules, usually enforced through a set of institutions . It shapes politics , economics
and society
in numerous ways and serves as the foremost social mediator in relations between people.
the Greek philosopher Aristotle declared, "The rule of law is better than the rule of any individual."
法律之所以成为法律,一是它的严肃性和公正性,二是它能最大限度地保护弱势者的利益。如果一部法律没有体现弱势群体的意愿,不能有效地保护弱势群体的利益,这样的法律自然就应该或是修改,或是完善,或是废除。
1、从严肃性的角度上来说,法律只能服从。否则lose authority
法律往往是矛盾双方的最后选择。私了——公了。to sue go to court….
Chinese nature ——(多一事不如少一事)mediocre..the less trouble .the better..
(家丑不外扬)——.divorce,domestic violence,thief in the family…
如果这条途径走不通,后果严重。
被当地政府欺诈的居民只能继续各自的生活;无从诉说。
遭受家庭暴力的人只能继续承受;无从解脱。
当娃娃工的孩子也只能继续工作在危险环境下;
2、just laws ...unfair...尽管法律强调公正性,但是不代表公平.unjust~~unfair…改动
"In its majestic equality", said the author Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread.’
“在其崇高的平等之下,”作家阿纳托尔·法郎士于1894年说。“法律同时禁止富人和穷人睡在桥下、在街上乞讨和偷一块面包。”对于富人而言很简单;但是这对穷人不公平。
关塔那摩监狱:美国They talked about linking American power with American ideals: but it turned out, at Guantá namo, that power can corrupt those ideals.
Muslim~~~terror~~~~torture…
3、unjust laws
4、法律完善的过程,就是推翻不公正法律的过程。
之前:分配房子(allocate)。——非固定工作者;农村户口residential status
流行:炒楼speculate ~~~in the merket…(温州)
现在:措施,加强监管。Enhance the interest of a person’s second house dramatically. ~~~
China: economic disordered…the market ///anthing ~~~to make profits..——WTO,tax..command the real estate market… (according to the financial crisis)..
Low-income housing~~~economical housing`~~
Law is a system of rules, which is made and enforced by the government for controling people's behaviors, commanding the whole economic, and defending
individuals and the nation against evil authorities. (defination)
If law disappears suddenly even in a hour of the future, the world will be undoubtedly disordered. (aftermath)(specific)The murder, robbery, theft, rape—any crimes refelcting the strongest, crazist, and the most irrational sentiment will occur. Nothing could prevent.
Thus, for me, law should stand erect and keep its power to regulate the society, but with the assumption that the law is for people especially disadvantaged groups.
Law should be respected and obayed because it is the last approach for the hopeless after the ineffectualness of solving cases behind closed doors. Especially for Chinese people, law appears to be more irreplaceable. Along with the profound and deep-rooted 5,000 years of civilization, Chinese people have generally the traditional character--mediocre. They insist on a notion that the less trouble, the better. When encountering a trouble, they spare no effort to reduce major issues to minor ones and minor ones to nothing. Additional, they do not prefer wash dirty linen in public which guides them hide some humiliation, such as divorce, family violence, rape, and so on. But as the society being more and more complex, negotiations in provate have excerted less and less effect. This part of tradition is breaking down gradually, more troubles had no simple way to tackle with any more, which leads people to rely on law finally. Law is so significant, without which children in the family have to suffer endless violence; without which wives had to undertaken countless burdens with living who they never love; and without which quantities of child labors have to stay in the dark plants, no brightness, no future.
However, the assumption that laws are for justice and for people is not always the case.
On one hand, a just law does not represent a fair one. After all, the law is made by subjective and purposeful groups that cannot avoid political orientation and racial discrimination. There was a law in France in 19th century, which illustrated clearly that the rich and the poor were forbidden to sleep under the bridge, beg in the street and steal a bread from a store. Actually, it was a just law that refused the theft, potential uneasy and improving the social atmosphere. Nevertheless, after considering further, it was not fair for the poor, while it was quit useless for the rich. The rich could sleep in his splendid house, while the poor had no shelter. The rich never worried about his dinner while the poor had to save even one cent to get a bread. The rich had no cause to steal things for they owned enough, while the poor had to survive in any ways. The law was completely made for warning the poor, although it mentioned 'the rich'--superficial description. Sarcasm. So this kind of
law should be disobeyed and resisted immediately. Because it is this unfair law that disobeys the cream of ‘law’.
On the other hand, despite so-called just laws, unjust laws that are filled with flaws, mistakes and errors exist in the world, bring out contiual troubles and disasters. In China, the lack of sufficent laws to reserve rare species result in increasing loss of rare animals and plants, which have not guaranteed the justice to the nature. The flaws in the laws on the protection of consumers' rights and interests lead to the unjustic issues occur in consumer market, which is harmful to customers directly and suppliers indirectly. Such laws are not simple examples but popular throughout the nation.
Finally, when it comes to the process of making the whole law system perfect, it is simultaneously a process of cracking down laws that have flaws, mistakes and errors, that are not benefit for disadvantaged groups. For example, after open and reform in China, the economic has skyrocketed at a dramatical speed. Nearly 30 years ago, there was no defination about the real estate market because there was no related private firm at all. The government allocated houses to citizens, which to some extent seemed just to those who had houses, but was also unfair for someone who located in rural, and who had no permanant jobs in public apartments. Those could not get one house at all. After a law enforced in the 1980s that cancelled the housing allocation, and encouraged competive marketing. The real estate market established. However, at the begining, the market was rather disordered that monopoly and speculation were rampant. Then the government made a law to regulate the whole operation of the business.
To sum up, in my opinion, I stick to the statement that individual in the society should obey laws as long as these laws are for people and exist as useful approaches for protecting people’s benefits, at the same time, should disobey and resist unjust laws for improving the whole system of laws. |
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