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发表于 2005-8-26 18:28:14
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题目:
Laws should not be rigid or fixed. Instead, they should be flexible enough to take account of various circumstances, times, and places.
提纲:
1、法律是不断发展的,是由人类不断进步的智力水平和文化水平决定的。
2、法律是一项繁重琐细的任务,不可能巨细弥遗,因此需要不断的修改完善。
3、科学的进步催生出很多法律约束之外的新现象,需要增加相对性的法律条款。
4、不可否认,过度的灵活性会损害法律的公正性和权威性。
正文:
The author suggests that laws should not be too rigid so that they will be adaptable to various circumstances, times and places. In my point of view, I tend to support the idea that laws should be flexible, but to a certain extent. And it is proper flexibility and adaptability that will help laws to become more efficient and robust.
In the first place, laws themselves are always in a developing process, they should not be invariable. It is human beings that legislate the laws, so to a great extent, laws are related to, even dominated by human's intellectual level, cultural level and traditional conception, etc. With the development of technology and civilization, above factors are always developed and altered continuously, thus laws should also have proper changes to keep accordance with the variety of them. Otherwise laws may be outdated and incompetent if they keep in an unvaried situation. An extreme example is that laws thousands of years ago are obviously unacceptable for contemporary society. Therefore our developing society needs developing laws.
In the second place, considering laws’ own complexity and elaboration, proper and timely supplement to the laws is required. The function of laws is to guarantee the equality and justice to every person, so that laws are expected to be as exhaustive and elaborate as possible, had better to the perfect extent that they can consider all of the circumstances, times and places. Unfortunately it is unrealistic and so that laws may inevitably contain some negligence that may be imposed by some speculative people, who may find and catch the laws' negligence to acquire illegal benefit. For example, some avaricious businessmen may impose artifices that are unlawful but not specifically forbidden by laws, to gain illegal profit. And lacking of laws' guide, we can’t substantially deal with them, condemn them or convict them. So laws should be always supplemented and reinforced.
Moreover, due to the rapid development of scientific technology, we may be confronted with many phenomena that we have never faced before, in this condition, laws are required to accordingly make changes to deal with them. Such phenomena, for example, computer viruses and hackers, they increase at a high speed along with the development of computers and Internet just recent years, and they have already made great trouble to our daily office-automation work and private leisure life. They are so fresh that no corresponding laws are legislated to specifically deal with them, and it can be predicted that without laws' restriction and control, they will surely do greater harm to human society. Thus aiming at new harmful phenomena, corresponding legal clause must be established.
However, it is no denying that laws must be rigid when executed to ensure its equality and justice. They can’t be over flexible, even become unsteady. If laws vary too frequently, people will consider that they are not equally treated. Without justice and equality, laws will consequently lose their authority. Considering following example, if a person with a certain misdeed, gets his punishment according to current laws. But soon later the laws have changed, and the penalty of another person with the same misdeed, will thereby be executed in another way. It is apparently unequal and unacceptable.
In conclusion, due to the above-mentioned reasons, we can finally draw a conclusion that flexibility are certainly beneficial to laws, it could reinforce laws' efficiency and influence. But stability is still essential in laws' execution to maintain laws' equality and inviolability. Over flexibility also do harm to laws' justice and authority.
这篇是以前写过的,今天只大概修改了一下就拿出来贴了
可能问题多了些,大家多指教~~~
今天正好有时间练Argument了~~~ |
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