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发表于 2008-3-24 15:00:30
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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."
提纲:
1.法律公正的实现和避免不公平依赖于人们对公正意思的认同,以及一个合理合法的完善法律的方法.
2.从理论上讲,作者的观点正确,人们确实应该自由的表达自己的不满,反对自己受到的不公正对待.
3.但是,不同价值观的人对法律的公正性有不同的定义,法律的公正性是很主观的东西,不能仅仅定义为公正或不公正.
4.如果在反对不公正法律的时候没有采取一个合理合法的方法,那结果往往事与愿违甚至是危险的.
5.应该反对不公正的法律,但要采取适当的方式.
6.法律有待合理的完善.
The speaker asserts that every one in a society should obey just laws and, to disobey even resist unjust laws basing on the definition of laws. However, what is the just law and how is the unjust law defined? The speaker simplifies it. I consider that realization of justice and avoidance of inequity should be dependent on peoples' consent of justice's meaning and, even more importantly, a process which is proper, acceptable to make the law consummate.
As theoretically speaking, of course I concede that the man has right to do any thing he wants. Unquestionably, as human beings, expressing our dissatisfactions is a basic right which belongs to us. Pursuing such as liberty, equality, respect for life and dignity which are all universal human values, as the motivation, drives people to make the society and life development consistently. One, no matter what status is, feeling that he or she receives an unjust or unfair treatment has no necessary to bear or take some compromises, and absolutely, he or she should disobey even resist the prejudicial rule.
However, the fairness of a law is not a straightforward issue, whether it is just or unjust depends largely on one's personal values. The law is a tool to realize justice and make society steady. Consider, for example, the controversial issue of death penalty. Individuals with some particular religious beliefs, which consider everyone has the right of life as his or her own without deprivation, called "nature law", tend to view sentencing a person to death as unjust. But others, especially in some developing or turbulent countries, always might view death penalty as just, because these laws can confine people's behaviors and have positive effect on making societies steady. In short, the fairness of a law is subjective and largely depends on personal values, besides on which aspect of this tool people using.
What's more, it is dangerous, and it easily causes the opposite, negative effect of what was intended or hope for, if individuals disobey even resist unjust laws without a proper method. Thinking about the case of giving tip to waiter, for instance, many people would argue that it is unjust to pay the tip to waiters additionally because this part of money has been included in the cost of customer's bill. While the result of widespread disobedience, might be to lead the consumer to spend more. The restaurant owners, in order to protect their waiters' interests, have to maintain the price of food or some charging services at high levels. Also, some radical actions would take place if the people's disobedience of unjust laws is extremely. Returning to the death penalty example mentioned above, a person strongly considers that death penalty is unjust, then, he or she might attack polices or innocent people, show the contempt of court, even murder the justices. All of these conducts are very dangerous to society.
In addition, pursuing justice and expressing dissatisfaction freely should never be obstructed, what we need is a proper method to realize justice. Such conduct as connecting the authorities of correlative legislature institute to show your opinions or suggestions is appropriate.
To sum up, of course law is not perfect, it is impossible to let every civilian feel just. Nevertheless, the purpose of law, also as essential function, is to make society steady and to lead people's life to happiness. All we could do should concentrate on consummating the law to let it serve us better and better through a proper and legal way.
[ 本帖最后由 ellis 于 2008-3-24 15:15 编辑 ] |
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