2013年1月13日星期日

Every individual in a society has a responsibility to obey just laws and to disobey and resist unjust laws

(老题库17)

每个社会成员都有责任遵守公正的法律,违抗不公平的法律。

1. First, whether a law is just or unjust is rarely a straightforward issue. The fairness of any law depends on one's personal value system.

2. The fairness of a law also depends on one's personal interest, or stake, in the legal issue at hand.

3. Disobeying unjust laws often has the opposite effect of what was intended or hoped for.

4. By justifying a violation of one sort of law we find ourselves on a slippery slope toward sanctioning all types of illegal behavior, including egregious criminal conduct.

1-法律的正义不正义没有绝对的定义 is rarely a straight forward issue

0) 很多法律没什么正义不正义

法律的一项功能:keep everything in order

比如:未满十六岁喝酒,吸烟

未满十八岁进网吧

未满二十二岁不能结婚 法定年龄legal age: The age at which a person may by law assume the rights and responsibilities of an adult.

1)在不同观念和文化中不同

法律的功能:to govern a society , control the behavior of its members

比如:该不该判死刑death penalty

口香糖chewing gum

安乐死 euthanasia

2)在不同利益者中不同

法律的一项功能是和平解决纠纷 resolve disputes peacefully

This is especially true when it comes to personal affairs.

Even in a well-ordered society, people have disagreements and conflicts arise. The law must provide a way to resolve these disputes peacefully. If two people claim to own the same piece of property, we do not want the matter settled by a duel: we turn to the law and to institutions like the courts to decide who is the real owner and to make sure that the real owner's rights are respected.

有争议就有利益纠纷,而争议永远存在。有审判就有满意不满意,just unjust 在两方定义不同。

2-法律不遵守,disobedience 会带来危害 poses certain risks , jeopardize to

比如:交通左右

Driving would be dangerous and chaotic.

法律和风俗思想情感不同:

Laws resemble morality because they are designed to control or alter our behavior. But unlike rules of morality, laws are enforced by the courts; if you break a law—whether you like that law or not—you may be forced to pay a fine, pay damages, or go to prison.

观点:法律的公平与不公平难以定义;既然是法律就应该遵守;即使有认为不公平的法律,也不该不遵守或违抗

1. Firstly,每个人对法律的公正与否都有自己的想法Everyone has his/her own opinion to comprehend justness and unjustness of laws,任何一条法律都有可能对一部分人公正而对另一部分人不公正。

2. Secondly, we are living in societies that need regulations and laws to maintain their stability and prosperity. 既然是法律,就应该遵守。法律的作用。 即使对于那些我们自己认为不公平的法律,也不能不遵守或者违抗。Otherwise,如果法律得不到很好的贯彻,有人执行,有人不执行,那么法律将形同虚设,社会秩序就乱了

3. Finally,虽然可能有不合理的地方,但法律不是一成不变的,而是随着社会的发展和进步在不断改进的Although has unjustness in some respects, the laws do not keep constant, as many people think, on the contrary, they are challenged and mended with the progress of social development.如果认为不公平,应该采取其他方法而不是违抗。比如向立法机关提出并建议修改。

结尾:很难为公平与不公平定一个同一的标准,当面临我们认为不公平的法律是,不应该违抗,而是采取更好的方法。

范文:

According to this statement, each person has a duty to not only obey just laws but also disobey unjust ones. In my view this statement is too extreme, in two respects. First, it wrongly categorizes any law as either just or unjust; and secondly, it recommends an ineffective and potentially harmful means of legal reform.

First, whether a law is just or unjust is rarely a straightforward issue. The fairness of any law depends on one's personal value system. This is especially true when it comes to personal freedoms. Consider, for example, the controversial issue of abortion. Individuals with particular religious beliefs tend to view laws allowing mothers an abortion choice as unjust, while individuals with other value systems might view such laws as just.

The fairness of a law also depends on one's personal interest, or stake, in the legal issue at hand. After all, in a democratic society the chief function of laws is to strike a balance among competing interests. Consider, for example, a law that regulates the toxic effluents a certain factory can emit into a nearby river. Such laws are designed chiefly to protect public health. But complying with the regulation might be costly for the company; the factory might be forced to lay off employees or shut down altogether, or increase the price of its products to compensate for the cost of compliance. At stake are the respective interests of the company's owners, employees, and customers, as well as the opposing interests of the region's residents whose health and safety are impacted. In short, the fairness of the law is subjective, depending largely on how one's personal interests are affected by it.

The second fundamental problem with the statement is that disobeying unjust laws often has the opposite affect of what was intended or hoped for. Most anyone would argue, for instance, that our federal system of income taxation is unfair in one respect or another. Yet the end result of widespread disobedience, in this case tax evasion, is to perpetuate the system. Free-riders only compel the government to maintain tax rates at high levels in order to ensure adequate revenue for the various programs in its budget.

Yet another fundamental problem with the statement is that by justifying a violation of one sort of law we find ourselves on a slippery slope toward sanctioning all types of illegal behavior, including egregious criminal conduct. Returning to the abortion example mentioned above, a person strongly opposed to the freedom-of-choice position might maintain that the illegal blocking of access to an abortion clinic amounts to justifiable disobedience. However, it is a precariously short leap from this sort of civil disobedience to physical confrontations with clinic workers, then to the infliction of property damage, then to the bombing of the clinic and potential murder.

In sum, because the inherent function of our laws is to balance competing interests, reasonable people with different priorities will always disagree about the fairness of specific laws. Accordingly, radical action such as resistance or disobedience is rarely justified merely by one's subjective viewpoint or personal interests. And in any event, disobedience is never justifiable when the legal rights or safety of innocent people are jeopardized as a result.



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