GRE 作文题目
来源于朗播用户：赵天龙Mamba
Laws should be flexible enough to take account of various circumstances, times, and places. [Specific Task Instruction: Write a response in which you discuss the extent to which you agree or disagree with the statement and explain your reasoning for the position you take. In developing and supporting your position, you should consider ways in which the statement might or might not hold true and explain how these considerations shape your position.]
题目分析
翻译
法律应该是灵活的，能够考虑到不同的环境，时间和地点的。[说明：写一篇文章，讨论你同意或反对这个说法达到什么程度，并解释你选择这个观点的理由。在展开和支持你的观点时，你需要考虑这个说法可能在哪些方面成立或者不成立，并解释你所考虑的这些东西如何体现你的观点]
指导
本题改编自老GRE的ISSUE174"Laws should not be rigid or fixed. Instead, they should be flexible enough to take account of various circumstances, times, and places"。题目讨论法律灵活性的问题。法律的制定以及执行过程中面对不同需要（稳定、全面、可行性等）以及各种新的情况。过分固定或灵活都是不实际的，所以肯定需要寻找一个平衡点。因为涉及的是比较抽象的话题，所以在论述过程中务必把论点阐述清晰并给出充足论证，回避假大空的问题。同时需要注意题目给出的“不同环境、时间和地点”的提示，要把思路放开。
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1. 法律在制定和通过的实施过程是怎样的，除了法律本身，在执法过程中还有哪些相关因素？
回答：
（Law）是国家制定或认可的，由国家强制力保证实施的，以规定当事人权利和义务为内容的具有普遍约束力的社会规范。各国的“法律”都兼有“公平”、“正义”的含义。 Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets
2. 现有的法律是否能兼顾不同的环境、时间、地点？如果不能，漏洞在哪里？是否有其他方式可以对法律的漏洞进行弥补？
回答：
不能，可以因地制宜
现有的法律已经在一定程度上做到了灵活性和普适性的统一。但是，随着社会不断发展，尤其是信息技术带来的爆炸式的科技发展，涌现出一些新事物正在给法律提出新的问题，这些问题是旧的法律所无法恰当回答的。比如说对于网络遗产的继承问题，目前的司法无法回答。例子，sns账户。例子，少数民族地区自治权。
，同样的法律内容可能在不同的环境下不一定都适用，可以通过普通民众的判断，来裁决罪犯的最终的判罚，像美国的法律制度，采用陪审团制度参与到法律判决中来。
3. 如果法律僵化固定一成不变，会有什么后果？有没有过相关的事例？
回答：
法律僵化一成不变，导致人们钻空子，1.法律本身就是人们努力的不断累积，意味着，正如同任何一门社会科学一样，法律不可能是绝对完美的。人类的认识是有可能犯错的，需要不断的慢慢修正，倘若固定僵化，则意味着错误永远存在，失去改正的机会。例子，妇女曾经没有选举权。2.新情况带来新问题，法律要随着社会一起发展。
中国中草药的例子
4. 如果法律十分灵活，和原有的状态相比有什么优缺点？
回答：
优点：do justice more approriately Dis:减少stability and consistency, predictability.一方面对人们的约束力下降，因为灵活性往往意味着可以钻空子，容易被利用。另一方面，人们会因有很大的压力，因为不知道该如何行动，自己的利益是否会被保护。 例子：革命时期对于私人财产的法律规定，香港回归时大批富人的离开。 3.be a huge burden to the already stressed-out legal practitioners。
5. 颁布法律的目的是什么？
回答：
颁布法律的目的是为了规范人们的行为，惩治罪犯的违法行为，是社会更加和谐稳定，能更快更好的发展，维护社会的公平和正义。
其他用户的回答
作文
Laws are products of human relentless creative endeavor,which is likely fallible.Also, law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible.It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people.I contend that laws should take account of various circumstances,times and places,to some extent flexible,but not unduly.
As is seen to us,the current laws have made a good combination and compromise of unitarity and flexibility,to some extent.They invovles affairs as many as they can,say,the contract law regulate everything from buying a bus ticket to trading on derivatives markets.However,with the explosive development of the information age ,much unexpected conditions come into being,bringing novel challenges to the present law,which remains helpless to give a satisfied answer to us.Say,how should we deal with the internet inheritance?To destroy it or to leave it,and who is qualified to own it?The noted cloning also brought about turmoil of arguments,finally,19 European nations on January 12, 1998, approved the first binding international treaty prohibiting the cloning of human beings.
Nevertheless,laws can't keep it constant all the time.Law itself is a social science,like any other else,it have flaws,demanding improvement.Naturally,people make mistakes and then remedy them.If the law ossified,many problem would remain unsolved .Once women did not have the right to vote.And the relevant law changed due to feminist.Take the constitution of the United States for example.It was not a fixed one,having been amended for 27 times duing more than two centuries,in which abolishing slavery proclaimed by President Abraham Lincon,forming legal equality for entire people,no matter white or black.Apprarently,the most authorative laws also needs amending.
Nevertheless,laws cannot be too flexible since many problems will emerge from the leak in them.The control laws mpose on people will surely decrease,which provides oppotunitiy for someone to take advantage of laws.Some lawers engage in lawsuit by making use of law flaws.Additionally,some illegal corporations make a fortune by the despicalbe means,which takes advantage of the flexible law.Moreover,people will be under pressure due to having no sense of security,which is caused by undemanding laws.Lots of people will be afraid of their own interest being harmed.
In sum,laws as a very signifcant role functioning in the present society,taking various times ,circumsances and places is quite beneficial.However,the flexiblity should be controled to a certain extent.Otherwise,there may come unwanted and unexpected trouble concerning overly flexible laws.
As is seen to us,the current laws have made a good combination and compromise of unitarity and flexibility,to some extent.They invovles affairs as many as they can,say,the contract law regulate everything from buying a bus ticket to trading on derivatives markets.However,with the explosive development of the information age ,much unexpected conditions come into being,bringing novel challenges to the present law,which remains helpless to give a satisfied answer to us.Say,how should we deal with the internet inheritance?To destroy it or to leave it,and who is qualified to own it?The noted cloning also brought about turmoil of arguments,finally,19 European nations on January 12, 1998, approved the first binding international treaty prohibiting the cloning of human beings.
Nevertheless,laws can't keep it constant all the time.Law itself is a social science,like any other else,it have flaws,demanding improvement.Naturally,people make mistakes and then remedy them.If the law ossified,many problem would remain unsolved .Once women did not have the right to vote.And the relevant law changed due to feminist.Take the constitution of the United States for example.It was not a fixed one,having been amended for 27 times duing more than two centuries,in which abolishing slavery proclaimed by President Abraham Lincon,forming legal equality for entire people,no matter white or black.Apprarently,the most authorative laws also needs amending.
Nevertheless,laws cannot be too flexible since many problems will emerge from the leak in them.The control laws mpose on people will surely decrease,which provides oppotunitiy for someone to take advantage of laws.Some lawers engage in lawsuit by making use of law flaws.Additionally,some illegal corporations make a fortune by the despicalbe means,which takes advantage of the flexible law.Moreover,people will be under pressure due to having no sense of security,which is caused by undemanding laws.Lots of people will be afraid of their own interest being harmed.
In sum,laws as a very signifcant role functioning in the present society,taking various times ,circumsances and places is quite beneficial.However,the flexiblity should be controled to a certain extent.Otherwise,there may come unwanted and unexpected trouble concerning overly flexible laws.
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