issue写作优秀实例：法律灵活性

　　题目：

　　Laws should not be stationary¹ and fixed². Instead, they should be flexible enough to take account of various circumstances, times, and places.

　　法律不应该是僵化或固定的，而应该根据不同的环境、时期和地点而足够灵活。

　　正文：

　　Should laws be stable and fixed or be flexible in taking consideration of various factors such as circumstances, times and places? The speaker concludes that instead of being stationary, laws should be constantly changing. The speaker’s claim have merits in declaring that law should be flexible enough to take account of various circumstances since adaptation to changing social environment is how the law properly guard the function of social engine and the general welfare of people as a whole. But to some extent, we would not go too much in neglecting to importance of the stability of laws because they are the principles we adhere to in our daily life, if changed too abruptly³ and constantly, will result in egregious⁴ chaos⁵ and confusion.

　　Keeping stability, consistency⁶ of laws is indispensable in helping⁷ people to make prediction of the consequence of their behaviors and figure out the legal obligation and rights exerted upon them by the legal system. In the personal level, consistency of laws defines the properness and legality of their doings and thus endows people with sense of security and good citizenship⁸. If as the speaker claimed that laws should never be stationary or fixed, people face the threat of being constantly threw into turbid⁹ mud of bewilderment and insecurity and finally lose their sight in how to adapt to sudden alternation of in this aspect or another. Another example that aptly illustrates¹⁰ this is in the field of business. As we know, the ultimate goal of a business is to maximize its profit of shareholders¹¹ within the framework of laws to define that a enterprises function within this framework, obey its obligation and hamper¹² no interest of the general welfare of the society. In order for a enterprises to thrive, it must carefully study the relevant business laws, including anti-dumping law and torts, etc.Given the choice, most leaders are unwilling¹³ to see the prospect¹⁴ that laws are constantly changing since it takes time and effort to build a well-defined frames within companies and overthrow¹⁵ established practice and code would demand another round of revising and reevaluation.

　　On the other hand, we should observe that laws are by no means fixed principles that are deprived of any emendation. History is filled with examples that laws changed over different circumstances, time and places. Take the right of inheritance as an example;heirs were confined to the eldest¹⁶ sons that were later revised to include other sons and daughters as well. This is a remarkable¹⁷ social advance since this manifest that women began to be bestowed¹⁸ with the equal right of receive (property or a title, for example) from an ancestor by legal succession or will. What is more, in the field of criminal law,there used to exist a practice of implication, which demonstrate that not only an individual criminal should take account for his own wrongdoing, but also his relatives or even neighborhood will be passively implicated¹⁹ in the lawsuit²⁰ or punishment. Today,this practice has been reversed to assert that criminal himself should be solely²¹ responsible for his misdeed and nobody, no matter how close they are, without participating into his act by any means, should be exonerate²² of any indictment²³. We should still remember that once in a while, there are a way of judgment²⁴ called ordeal²⁵ judgment which means that the most prestigious²⁶ elders in a village use some superstition²⁷ to judge whether a person is guilt²⁸ or not. With the time goes by, we gradually realize the absurdity²⁹ and irrationality³⁰ involved in this kind of law and the result is, this practice become obsolete³¹ and nobody believe that it will transfer judgment, fairness from supernatural power. We would see clearly that each step that moves forward in law is a vivid reflection of how a society progresses and marches. We are aiming at justice, equality and fairness that best characterize any laws which would hardly achieved without amending³² their content according to the changed social background and people’s ideology³³.

　　To sum up, I am in favor of the speaker’s latter part of claim since laws are rules of conduct or procedure established by custom, agreement, or authority and with the change of social background, laws have to be revised to cater³⁴ for these changes. But in asserting that laws would never be fixed is problematic because stability and consistency should never be a minor³⁵ point to be overlooked in a legal system. A combination of these two aspects would seem ideal to instill fresh blood and at the same time keep proper pace and rhythm of the overall system.

 

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