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发表于 2008-8-11 13:24:52
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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."
With the development of society, law is playing an increasingly important role in keeping our society stable. However, any nation possesses of some laws with shortcomings. Confronted with those unjust laws, should an individual disobey and resist them, just as the speaker asserts? In my opinion, the speaker’s assertion is short-sighted as he ignores one of the most significant factors of the law - compelling force.
To begin with, it is difficult to draw the distinction between the just laws and the unjust laws which differs from personal experience, interest, religion, culture and so forth. In the first place, as every individual stands an interest group, a just law to some people may be viewed as an unjust one to another, and what really matters is whether this law satisfies the interests of their group. Considering this point, to define the justice of a law clearly is far beyond our ability. Take the tax law as a typical example. Certain capitalists may regard it as an illegitimate law as it deprives their property unreasonably, while to most of the citizens gaining profits from it, the tax law is just. Additionally, in different areas, the law itself is suffered from a heated debate among people for the various religions and diverse culture. For example, the "One Child" law, aimed to diminish the increasing population in China, is criticized by certain other nations both legally and morally. Some other examples such as the marriage of homoerotism, the euthanasia and the death penalty also come immediately into mind. Therefore, the absolutely just law is a dream which is hard to be lived.
Moreover, to obey a law - no matter just or unjust- is our obligation which should be forced to do. Unlike moral, the law needs an essential factor - compelling force which is indispensable to regulate the order of the society. In the absence of the compelling force, it is impossible for the law to ensure the stability of the society, let alone the development of the society. Providing that an individual is entitled to disobey his so-called unjust laws, it is most likely that every person restricted by laws would point out the inequity of any law. In such circumstance, the law would cease to be the regulation of a society and the society would undoubtedly be plunged into a chaos. When it comes to the personal affairs, as two sides are in posses of their own reasons, the judge which depends on the reasons cannot convince both of them, and the lose side will look upon the law as an unjust one. If he has the responsibility to disobey and resist unjust laws, what is the existing meaning of those laws?
In addition, in an attempt to keep the nation in order and to serve a considerable portion of citizens' interests, the legislative should enact legitimate laws and amend those unjust ones, convincing the public. Firstly, the laws are supposed to be made according to the culture of the region. For instance, in the Tibet China, people are entitled to bring knives with them for the knife is a symbol of their culture, while this is forbidden is the other areas of China. On the basis of respecting each nation's customs and cultures, the law will be acknowledged by the public. Moreover, facing some unjust laws, the proper measure people should take is to deliver their opinions to the legislative in a legal way - instead of resisting those laws. With respect to the legislative, they should take into account an overwhelming majority of people's interest. Only in this way, will the laws be just to most individuals.
In sum, we are hard-pressed to draw the clear line between the just laws and the unjust laws. An individual do not have the responsibility to disobey and resist the unjust laws. However, to strengthen the stability of the society, both the public and the legislative can do something to help modify those relative inequitable laws.
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