法律公正性一题.pdfVIP

There are two types of laws: just and unjust. Every individual in a society has a responsibility to obey just laws and, even more importantly, to disobey and resist unjust laws. 1、 司法公正与客观公正。 无法追求绝对客观公正：堕胎（abortion）、胚胎技术(embryo)、安乐死(euthanasia) 这些问题在社会中有很大争议。 道德与法律随时间而变，是经济基础决定的上层建筑（superstructure）。保护奴 隶制度的法律在过去存在了上百年，当代却行不通，遭受抵制。 虽然我们无法提出绝对客观的标准来衡量，但我们应当追求相对公正。 2、 在确保相对公正的基础上，应当确保执法过程中的公正性。不能由主观判 断来阻碍法律实施。 Agnewism: Agnew, 39th American Vice president 。严格实施法律(strict enforcement of law)的代表。 3、 在当代社会中，如法律有不合理之处，应通过立法渠道解决。 Law Commission, 1965, Independent body set up by Parliament to review and recommend reform of the law in England and Wales. What are the Law Commissions key aims? To ensure that the law is as fair, modern, simple and as cost-effective as possible. To conduct research and consultations in order to make systematic recommendations for consideration by Parliament. To codify the law, eliminate anomalies, repeal obsolete and unnecessary enactments and reduce the number of separate statutes 相关材料 Natural law or the law of nature is a theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere. The phrase natural law is sometimes opposed to the positive law of a given political community, society, or nation-state, and thus can function as a standard by which to criticize that law. In natural law jurisprudence, on the other hand, the content of positive law cannot be known without some reference to the natural law (or something like it). Used in this way, natural law can be evoked to criticize decisions about the statutes, but less so to criticize the law itself. We can never forget that everything Hitler did in Germany was legal and everything the Hungarian freedom fighters did in Hungary was illegal. It was illegal to aid and comfort a Jew in Hitlers Germany. In Russia, b