89. Claim: Manyproblems of modern society cannot be solved by laws and the legal system.
Reason: Laws cannot change what is in people's hearts or minds.
Write a response in which you discuss the extent to which you agree or disagree with the claim and the reason on which that claim is based.
The law is of close relationship to human beings, stay important in many aspects varying from maintaining the order of the daily life including the traffic, the trade, the competition to punishing the crime, protecting our civil rights. By and large, the law does solve many problems existed in human society. However, just as the speaker cited, due to the unchangeable of the essence of human’s morality and mind, there are still problems without reach of the law.
The first reason accounts for it was that the power of law is mandatory, as for circumstances where it fails to force people to do as ruled, men will follow their heart to shape their behaviors. And the results will differ. Take relationship between people and people, or people and nature for example, if there is no friendliness and kindness existed in human’s heart, law cannot help to build a harmonious environment and to kill the distance between heart and heart.
Then since it is the mandatory power disappears in some circumstance that lead to the above problems. Can we just generalize the power of the law into the every corner? Obviously unrealistic, in that over stiffened and detailed rules are so dangerous that they may cause more problem than those they solve. Inflexible law cannot synchronize with the changing speed of concrete conditions, so a law ruling everything will not only squeeze out the freedom, the right of people but also make the problem worse. For instance, if there is a provision in the law that any student contradicting their teachers will be punished. Apparently, when put in to use it won’t do anything good to cultivate students’ respect to the older since they do not know the reason and meaning for doing so. What’ more, in some cases there may exists wrongheaded or malicious teachers not deserve respect.
Aside from the fact that the law does not work everywhere, we must also admit that the law does not affect every person. The reason lies in that human being’s heart or minds matters greatly in the process where the law functions. That’s the reason to explain away the paradox why under the coercion of the law, many people still undertake crimes such as taxation evasion and pilferage too. The law is not omnipotent. Its power resides in the people’s will to obey it which is further determined by people’s heart and mind. Without this underlying factor, law is nothing but dead words. Thus, the law does not change people or shape people’s behavior but only to some extant rule people from achieving the least of the morality standard.
The last reason I want to note here to bolster the author’s conclusion is law is never complete and prefect. Just and kind provisions in the law contribute a lot to the society, while wicked and unjust provisions in the law damage the fruit of the human society, and the final question whether the law is good and effective is depend on human’s permanent efforts to shape it using our own minds and heart.
In sum, law is a set of effective rules to maintain the fundamental justness and the morality standard, therefore it provide ways to solve problems, but there are always circumstances without reach of law and even the law itself is determined by human beings’ heat and mind.
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发表于 2012-8-21 21:37:59
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