付英东问:
〈托福精读美文〉每日一读
"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."
According to this statement, each person has a duty to not only obey just laws(正义的法律,即符合公序良俗的法律;unjust laws即不符合公序良俗的恶法,本文实际上探讨的是“恶法亦法”还是“恶法非法”的问题) but also disobey unjust ones. In my view this statement is too extreme(极端的), in two respects. First, it wrongly categorizes(归类) any law as either just or unjust; and secondly, it recommends an ineffective and potentially harmful means of legal reform(司法改革).
First, whether a law is just or unjust is rarely a straightforward(简单的,直截了当的) 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(堕胎). 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(公平性) of a law also depends on one's personal interest(利益), or stake, in the legal issue at hand. After all, in a democratic society the chief function of laws is to strike a balance(调和) among competing(冲突的) interests. Consider, for example, a law that regulates the toxic effluents(污水,废水) a certain factory can emit into a nearby river. Such laws are designed chiefly to protect public health. But complying with(遵从) the regulation might be costly for the company; the factory might be forced to lay off employees(裁员) or shut down altogether, or increase the price of its products to compensate for(弥补,补偿) the cost of compliance. At stake(利害攸关) 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(主观的), 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(收入所得税) is unfair in one respect or another. Yet the end result of widespread disobedience, in this case tax evasion(逃税), is to perpetuate(延续) the system. Free-riders only compel the government to maintain tax rates at high levels in order to ensure adequate revenue(收入) for the various programs in its budget.
Yet another fundamental problem with the statement is that by justifying a violation(违反,违背) of one sort of law we find ourselves on a slippery slope toward(滑向……的境地;slippery slope滑坡谬误) sanctioning all types of illegal behavior, including egregious(十恶不赦的) 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(诊所) amounts to(意味着,发展成) justifiable disobedience. However, it is a precariously(不安全地,不稳定地) short leap from this sort of civil disobedience to physical confrontations with clinic workers, then to the infliction(痛苦,折磨) 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(理性的) people with different priorities will always disagree about the fairness of specific laws. Accordingly, radical action such as resistance or disobedience is rarely justified(合理化,正当化) 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(无辜的) people are jeopardized(危害) as a result.
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