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 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.