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本帖最后由 jhr_hit 于 2009-2-12 17:23 编辑
TOPIC: ISSUE17 - "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."
WORDS: 619 TIME: 00:45:00 DATE: 2009-2-11 21:24:38
How can we justify whether a law is just or unjust? In my observation, it depends on one's value system to a certain degree. Any law must have two aspects-someone find it just while others think it unjust. The fairness of laws is not, or even not possible, to be objective, so the fairness of laws should not justify by an individual in the society, or the law may loss its destination.
As said by Aristotle, the fulfillment of the law-governing should be provided with two factors, one is everyone should obey the law, and the other is that the law which is obeyed should be a good law itself. The saying by Aristotle seems complete, but is not effective in the real-world. However, we can not make a clear definition for a "good law", furthermore, the justness depends on people's beliefs. For example, someone may believe that the permission of abortion, euthanasia, and homosexuality represent a respect to the will and desire for freedom, while others may have the opinion that the permission of abortion is not humane for the reason that it doesn't protect the rights of the baby; the allowance of euthanasia disobey the purport of life; the permission of homosexuality is seriously debase the standards of social conduct. Under this circumstance, we don't know whose views we should believe and in terms of whose right and sense to deny the ideas of other people. Besides, people's cognition of a certain substance may change with the time; they may have an opposite opinion to a certain law in the future. What should we do now? Shall we disobey the law because we thought we have no obligation to obey it, in other word, the conception of "a good law" may make the law-governing into a dilemma.
The justness or unjustness also depends on people's interest. For example, when we closed a factory because it pollutes the nearby river, the owner of the factory may feel the law unjust, while the residents living along the river may think the law just. In addition, the justness of the law also has something to do with people's religions, nationalities, customers and so on. However, no matter whether the law is just, we should obey it. Just like the soldiers should obey the disciplines and the command of their commanders. Can you imagination soldiers drop out from a war because he believes it is unjust? I think if this is the case, the military will be vulnerable resulting in the defeat of the war. Law is the same, how can you say that you will not obey the law just because you believe it is not just. If the law can not be implemented properly, and someone obeys it, while others don't. Then the law will have no meaning. Moreover, in the democratic society, each law is enact by the legal system and on behalf of the willing of the mass. If one thinks it unjust, it may mean that his/her behavior may undermine the welfare of the mass.
However, everyone who find the law unjust or have some foibles can modify it through the legislation institution and to different regions; the law can be quite different. For example, in America, though the federal law is fixed, laws in different states are not the same, and can be modified according to the situations, places, and times.
To sum up, there is no absolutely just or unjust, the justness of the law depends on people’s interests, beliefs, religions, nationalities and so on, so everyone should obey the existing laws. If they find it unjust they can modify it through the legislation institution, but he/she should not disobey it in any circumstances. |
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