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发表于 2009-2-19 22:40:02
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I disagree with the general contention of the speaker that many problems cannot seek for legal solution because the moral issues cannot be legislated, when taken into account the real reason for the endless crime--people's injustice temptation and the fact that most of moral behavior, which the majority of society clear shows their judgment, can be legislated actually. Yet by considering the existence of controversy in some of the moral behaviors, legal system sometimes will not be effective dealing with them.
Admittedly, the existing controversy in some moral issue will fail the power of law to regulate people's behavior since the requirement of law will probably be regarded as injustice by a large amount of people. The history of human development provided us with vivid cases that the moral issue reflects the opinion of the majority of society and law usually does not contradict with those moral regulations accepted by people even before the birth of law. Otherwise, lots of people will challenge and attempt to rewrite the injustice law. Thus, what remains unsettled in the field of morality will fail the powerful effect law has on limiting the citizens’ appearance, with much possibility of being defied by a large number of people. Lots of issues involve such problem cannot be solved by law. For example, it is now entirely possible to detect an infant's gene before it was born and obtain a prediction of the basic body condition including whether the infant will get disease later in life. Nevertheless, the technique is not very popular since people hold different views on using the information obtained. Would the parents allow such information prediction potential disease to be used for the assessment of the baby or even later as an adult seeking for job opportunity? Probably not. But people advocate this technology argue that it would benefit a person because treatment in early stage will be more effective. Any suggestion made by law would not suffice to persuade either side to obey. Therefore, when a problem remains unsolved in moral field, law will lose its power because in either way there will be a group people against toward it.
However, there is already a growing capacity of law to legislate people’s controversial moral behavior by careful design of the law, leaving less problems of such kind unsolved. Throughout the amendment of human law, one convincing example is the issue to what extent should the young support their parents. Pressure from both supporting their own living and their parents would set themselves into a dilemma of the allocation of their income.
While dilemma was encountered in terms of morality, legal system offered an effective solution by careful design to address this important problem. Instead of establishing a mandatory payment young people are required to directly give to their parents, government collects tax from several aspects of young people's life and offer assistance towards the old by sparing some of the tax revenues for their living as allowance. Therefore, law, with special indirect means, successfully and appropriately solves the controversy without being defied by any side. Consequently, after the constant improvement of legal system, few problems originated from controversial moral behaviors are left unsolved in modern society.
In addition, the injustice desire for wealth and other entertainments together with the expectation of chances, rather than the complexity of moral behavior, actually dominates the origins of problems that lying unsolved in the society. As a matter of fact, what really often appear on newspaper and television are problems involve corruption, violence and other kinds of crime of illegal acquisition of wealth or fame. Albeit law has a strong effect on controlling those deleterious behaviors from happening, it is actually not feasible to root out those crimes since lots of people expect chance will help them escape from the punishment of law. As long as some people are driven by their illegal desire for what one does not deserve, such things will continue to take place. And they have nothing to do with the diverged opinions in moral behavior.
In final analysis, I would point out that albeit controversial moral behavior is part of the reason that disenables law to come into effect in addressing some issues, it is not the only and the most crucial factor. It is the greedy and lazy individuals that impede the legal process of eradicating problems which do harm to the harmony and prosperity of society.
文章看完,受教了。
例子用得准确自然,文章抓住了题目里的因果关系展开深入。既辩证,又不落俗套的辩证。
哎。。看不出一点被模板束缚。
你从因果入手说明人们的侥幸心理才是限制法律效用的主要原因,这很棒很深入。有一点担心的是,如果从moral为切入点找一个论据写这个文章的话会不会更保险呢?
我觉得这个题目讲的更多的不是法律不能解决很多问题的原因,而是后半句:很多与道德相关的问题在法律上得不到规范。
我自己的一点看法,你可以稍微参考一下~ |
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