7 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.
20 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.
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