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2008-08-12 22:05:51|  分类: 默认分类 |  标签: |举报 |字号 订阅

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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."

Do you hear the absolute laws? I can guess that the answer is NO. In my opinion, there is no utter definition of law nature—just and unjust. In order to keep harmony of interpersonal relationship and maintain social stability, Law is created by governing class (superstructure) as a strong tool. Whether law is just or unjust is determined by government. Judgment of law is influenced by many factors.
To begin with, one of law function is keep everything in order. Under an effective law, people in society live in a certain law standard which every one should be obeyed otherwise punished. As we all know, there are many such law examples around us. Adolescent under 16 years old is prevented from drinking wine and smoking. In order to avoid network addiction and violence, young people whose age is less than 18 years old are not allowed to enter into commercial net bar. Adults may obtain rights gifted by law to get married only when her or his age is 22 years old at least. These rules are legal for people who are upon the rule limitation, and are illegal for people who are under the rule restriction. Obviously, there is no just or unjust for these rules.
Secondly, the execution of law is influenced by culture and conception. Another function of law is to government society since monitoring and controlling behavior of members of society. Everyone who breaks the regular sequence of society operating will be punished. However, the execution standard is different in different country even in different regions of a country. Death penalty has been disputed for a long time. Some countries advocate necessarily of death penalty and others doesn’t. In China, the conception that person who commits life case should be sentenced to be dead has deeply taken root in heart of Chinese people. But there is no death penalty in some western countries, like USA. Similarly, there is general dispute over euthanasia in recent years. One of key question under debate whether others have right to determine one’s life regardless of any circumstance. Hence, it is hard to say which one is just or unjust for law.
Thirdly, judgment of law is just for one who receive advantages but unjust for one who receives disadvantages. We also resort to law measure to resolve disputes peacefully in our ordinary life. There are many disagreement and conflicts in economic activities. The law must provide a way to resolve these problems. 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 the real owner is and to make sure that the real owner’s rights are respected. Clearly, the feeling about law exists in the eye of related persons.
In sum, law is just a tool used by governor to realize its government. Therefore, many factors, like objects, culture, conception, people’s feeling and so forth impact the judgment of law. There is no uniform and absolute standard to weigh the law fairness.
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