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Issue174
Laws should not be stationary and fixed. Instead, they should be flexible enough to take account of various circumstances, times, and places.
A certain measure of consistency and stability in the law is necessary for the prosperity and harmony of human being's society. Yet, flexibility and variation in the law can not be avoided in the complex process of social evolution.
In the first place, there should be relatively consistent and stable elements in the law which could guarantee the people who live under such law system know what their legal obligations are and what are illegal. If the main principles of a law system always vary ceaselessly day by day without any foundational components that can not change, people would be extraordinary confused under such law system. Thus, they may be not sure what are right and what are wrong today. Meanwhile, such consistency and stability in the law could better promote the communication and collaboration among different countries all over the world, in order to solve the difficult problems faced by the whole world currently. For a simple example, the emission of green-house gas, the pollution of sea and air, and ozone inanition above sky, the descent of water quality, the sharp reduction of living species, etc, all these problems will involve in the whole world to solve. Without relatively consistent and stable laws among the world, it is hardly for us to hit the goal. Looking at this matter through this lens, it is inevitable that laws should be some measure of stationary and fixed.
In the second place, with the development of society and progress of human being's ideology, some items in the law should flexibly update timely to keep pace with the epoch. The involution of marital property law is a good example. In earlier times, husband owned all property acquired during marriage as well as property brought into the marriage-by either spouse. Understandably, this rigid and unfair system ultimately gave way to separate-property systems, which acknowledge property rights of both spouses. More recently, certain progressive states have adopted even more flexible, and fairer, "community property" system, under which each spouse owns half of all property acquired during the marriage, while each spouse retains a separate-property interest in his or her other property. Yet even these more egalitarian community-property systems can operate unfairly whenever spouses contribute unequally; accordingly, some community-property states are now modifying their systems for even greater flexibility and fairness.
Finally, even though sometimes the items of the law can not vary with the development of society in order to keep it relatively consistent and stable, the explanation of some items in the law would update with the times to ensure the law system keep pace with the process of social development. There are many instances in reality supporting this point. Taking the constitution of the People's Republic of China for example, in early years, the laborer in this Constitution just refers to labor, peasant and intelligentsia. With the development of politic, economy, and culture in China society, although the items about the laborer have not change, the material definition of laborer have been added into many other contents to keep pace with the development of the whole society.
In sum, there should be certain measure of consistency and stability in the law to guarantee the social stabilization and development. Meanwhile, in order to promote the development of the whole society, the law system should be up to date to keep pace with the society. |
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