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如何判断法律的公正性
There is no doubt that laws are made for a reason and the laws of a society reflect the values of that society because of tradition, necessity, and expectation. But occasionally there will be a law, which is unjust and wrong though not for everyone but say, for a group of people. If the law contradicts their high morals or religion, it is right for them to protest against it in a reasonable way. So now the question is what is that reasonable way and how to protest against an unjust law? First people have to ask themselves if there is a higher purpose, which make them to disobey it. They should look beyond the intent of the law and immediate results to see what the final result will be. It is not right to disobey an unjust law for just personal convenience. People should look at the alternatives, weigh them against what their personal beliefs may be, and then make a judgment based on their individual moral values.
卢梭观点: 社会和法律
Should we obey an unjust law? According to the theory of Jean-Jacques Rousseau, 18th century French political philosopher, in a democratic society the state represents the general will of the citizens, and that in obeying its laws each citizen is pursuing his own real interests. Thus, in an ideal state, laws express the general will. An individual who disagrees with a law must be failing to look at things from the moral standpoint. Rousseau is talking about an ideal state where laws express people‟s general will, a will that aims at the common good. But the question is: are we living in an ideal state and do all the laws of our land express the common will of the people and should we obey all the laws even if they are unjust? The answer to this question can be different for different people.
第十三大类 国家制度建设类
A state is an organized political community occupying a definite territory, having an organized government, and possessing internal and external sovereignty. Recognition of the state‟s claim to independence by other states, enabling it to enter into international agreements, is often important to the establishment of its statehood. The “state” can also be defined in terms of domestic conditions, specifically, as conceptualized by Max Weber, “a state is a human community that (successfully) claims the monopoly of the „legitimate‟ use of physical force within a given territory.”
Government can be defined as the political means of creating and enforcing laws, typically via a bureaucratic hierarchy.
Politics is the process by which decisions are made within groups. Although the term is generally applied to behavior within governments, politics is also observed in all human group interactions, including corporate, academic, and religious institutions. Many different political systems exist, as do many different ways of understanding them, and many definitions overlap. The most common form of government worldwide is a republic; however, other examples include monarchy, social democracy, military dictatorship and theocracy.All of these issues have a direct relationship with economics.
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