GRE写作Issue部分精品素材分享之社会契约论

2024-04-27

来源: 易伯华教育

GRE写作Issue部分精品素材分享之社会契约论

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实用主义观点: 一个想象中的社会契约

To escape from the other difficulties, a favorite contrivance has been the

fiction of a contract, whereby at some unknown period all the members of society

engaged to obey the laws, and consented to be punished for any disobedience to

them, thereby giving to their legislators the right, which it is assumed they

would not otherwise have had, of punishing them, either for their own good or

for that of society. This happy thought was considered to get rid of the whole

difficulty, and to legitimate the infliction of punishment, in virtue of another

received maxim of justice, Volenti non fit injuria: that is not unjust which is

done with the consent of the person who is supposed to be hurt by it. Even if

the consent were not a mere fiction, this maxim is not superior in authority to

the others which it is brought in to supersede. It is, on the contrary, an

instructive specimen of the loose and irregular manner in which supposed

principles of justice grow up. This particular one evidently came into use as a

help to the coarse exigencies of courts of law, which are sometimes obliged to

be content with very uncertain presumptions, on account of the greater evils

which would often arise from any attempt on their part to cut finer. But even

courts of law are not able to adhere consistently to the maxim, for they allow

voluntary engagements to be set aside on the ground of fraud, and sometimes on

that of mere mistake or misinformation.

自然法理论

Natural law theory asserts that there are laws that are immanent in nature,

to which enacted laws should correspond as closely as possible. This view is

frequently summarized by the maxim that an unjust law is not a true law, in

which “unjust” is defined as contrary to natural law. Natural law is closely

associated with morality and, in historically influential versions, with the

intentions of God. To oversimplify its concepts somewhat, natural law theory

attempts to identify a moral compass to guide the lawmaking power of the state.

Notions of an objective moral order, external to human legal systems, underlie

natural law. What is right or wrong can vary according to the interests one is

focused upon. Natural law is sometimes identified with the slogan that “an

unjust law is no law at all”, but as John Finnis, the most important of modern

natural lawyers has argued, this slogan is a poor guide to the classical Thomist

GRE写作Issue部分精品素材分享之社会契约论

position.

甘地的非暴力不合作策略

Gandhi remained in South Africa for 20 years, suffering imprisonment many

times. In 1896, after being attacked and beaten by white South Africans, Gandhi

began to teach a policy of passive

resistance to, and non-cooperation with, the South African authorities. Part

of the inspiration for this policy came from the Russian writer Leo Tolstoy,

whose influence on Gandhi was profound. Gandhi also acknowledged his debt to the

teachings of Christ and to the 19th-century American writer Henry David Thoreau,

especially to Thoreau’s famous essay “Civil Disobedience.” Gandhi considered the

terms passive resistance and civil disobedience inadequate for his purposes,

however, and coined another term, satyagraha (Sanskrit for “truth and

firmness”). During the Boer War, Gandhi organized an ambulance corps for the

British army and commanded a Red Cross unit. After the war he returned to his

campaign for Indian rights. In 1910, he founded Tolstoy Farm, near Johannesburg,

a cooperative colony for Indians. In 1914 the government of the Union of South

Africa made important concessions to Gandhi’s demands, including recognition of

Indian marriages and abolition of the poll tax for them. His work in South

Africa complete, he returned to India.

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