the role of law

Jeffery 2022-03-15 09:01:03

Andrew, a Philadelphia lawyer who once stunned the world, died of AIDS.
I neither despise homosexuals, those with AIDS; nor do I admire heterosexuals, who have traditional moral values. I think there is a reason for it. In a lawsuit, the plaintiff and the defendant fight for each other for their own interests. If a consensus can be reached and the conflict can be eased, then it can be resolved peacefully; if an agreement cannot be reached, the problem must be resolved through litigation. A person should normally be heterosexual, but because of their upbringing and personal experience, it has been decided that they cannot accept the opposite sex psychologically. Knowing this, if you don’t sympathize with him, you still despise others who have psychological problems?
The core concept advocated by a legal society should be freedom and equality and the protection of human rights. Law has different functions in different societies and different times. In ancient society, law was a tool of autocracy and rule of man. Therefore, the function of law was often expressed as restriction, prohibition, restraint, and punishment; while the functions of management, education, and guidance of law were relatively rare. In modern society, especially in capitalist society, the scope of the law has undergone tremendous changes. Unlike the law in ancient society, which is no longer based on obligations, there has been a law based on rights, and the scope of law has also expanded. It involves not only the will of the ruling class, but also the management of social and public affairs. Its role also tends to protect human rights, equality and freedom, and ensure economic benefits and order.
The mainstream social values ​​affect our evaluation of others, that is, the evaluation of the behavior of others by ordinary subjects in the form of public opinion. The evaluative function of the law, its object of action is the behavior of others. Any social norm has the function of judging and measuring the behavior of others. But legal evaluation is different from general social evaluation such as moral evaluation and political evaluation. This is mainly because the evaluation criteria and evaluation focus are different. The evaluation of law is the normative, uniform, universal, compulsory and comprehensive standard of usage to judge people's behavior. The standard of moral evaluation is not uniform and mandatory, and its normativeness is also very vague. Secondly, moral evaluation focuses on the ideological motivation and emotional state of the actor, while legal evaluation focuses on the external behavior, actual effect and responsibility of the actor. Compared with other evaluation standards, the evaluation standard of law is a minimum requirement, and the other two evaluation standards are often much higher than those of law.
The law can guarantee temporary justice, but if people don't fundamentally change their minds, such injustice will still happen. Homosexuality itself is not a deplorable behavior, but society is full of many under the banner of homosexuality, carrying out some not-so-glamorous activities, serious circumstances may disrupt social order and public order and good morals, and the law is for anyone who hinders the freedom and equality of others. behavior should be stopped. Therefore, the crux of the problem is that homosexuals must first correct their attitudes, live a noble life, and live for their beliefs and dignity; instead of treating themselves as marginalized groups in society and abandoning themselves.
AIDS, like homosexuality, belongs to the marginalized and disadvantaged groups of society; AIDS patients are seriously ill and are in danger, and they will die soon. We should give care and sympathy. Why can we give sympathy to cancer patients, but discriminate and indifferent to AIDS patients? The explanation given in the movie is: AIDS patients are the ones who caused the tragedy because of their own inappropriate behavior. They are self-inflicted and do not need sympathy.
Interestingly, Andrew's company didn't fire him outright on the grounds that he was gay and suffering from AIDS, but subtly framed him for dereliction of duty at work. This means that the company understands that such discrimination is unjustified.
Discriminating against others, on the surface, seems to be in an advantageous position; in fact, it just reflects your ignorance, fear, and inner poverty. A truly rich person must be kind and sympathetic in heart. As the saying goes, poor mountains and bad waters make troublesome people. This is why many people devote themselves to charitable causes when they become rich. It doesn’t matter if they want to wash away their previous sins, philanthropy does not harm their own interests. Well, after all, they have contributed to the society and set an example; since the Bible says that everyone has original sin, then why bother to dwell on the past, everyone can evolve into a better person.
"We are not guilty, we are not innocent, we just want to live."
Sometimes the dignity of life is more important than living itself.
This is why Andrew chose to fight a lawsuit. The winner or loser of this lawsuit no longer has more objective significance. An exciting feature of the law is that people's activities can affect the legal definition of "justice". For example, a lawyer's brilliant defense, a bloody and shocking evidence will flash the light of justice, and people expect It is this sacred light, which majestically illuminates the dark inner corner of everyone.
Even if it is homosexuality, it is also a kind of love, and it is also a beautiful emotion of human beings. Everyone's logic is different. I tried my best to do one thing. I didn't get love. It doesn't matter. I can give some understanding. If I don't get understanding, it doesn't matter. It's not these things. I live in the world upright and I have made my own contributions to the society. My merits and demerits do not need your comments. Money, in my opinion, is worthless, but I still use huge monetary compensation to punish those who have hurt me and discriminated against me. In my opinion, what is valuable is loyalty, bosom friends, talents, friends, new knowledge and new ideas.
This case also demonstrates the educational role of the law. The law has such an influence that it instills certain ideas, concepts and values ​​embodied in its own rules and principles into the members of society, so that the members of the society establish their belief in the law in their hearts, so as to achieve the external norms of the law. Internalize, form a habit of respect and compliance. The educational function of the law is mainly manifested in two ways: one is to punish, sanction and prohibit negative behaviors; the other is to protect, applaud or reward legal behaviors, and play an exemplary role in the behavior of ordinary people. I am very pleased that Andrew finally won the case in the movie. The law should keep pace with the times and play a guiding role in social life. The role of the law is to control social contradictions and conflicts within a certain range, so that different stakeholders can coexist in a fair and reasonable manner. Share the achievements of economic development and social progress; when disputes over interests arise, use the law to distinguish right from wrong; when interests are violated, use legal remedies. Law is an effective way to ensure the fair realization of justice. The end of this case in the film will be used as a forward-looking precedent and will be followed by subsequent similar cases. A good start is half the battle, thanks Andrew.

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Extended Reading

Philadelphia quotes

  • Joe Miller: What's wrong with your face?

    Andrew Beckett: [upon entering Joe's office] I have AIDS.

  • [Andrew transcendentally describes his favorite opera,slowly walking around his apartment, closing his eyes, looking up]

    Andrew Beckett: Do you like opera?

    Joe Miller: I'm not that familiar with opera.

    Andrew Beckett: This is my favorite aria. This is Maria Callas. This is "Andrea Chenier", Umberto Giordano. This is Madeleine. She's saying how during the French Revolution, a mob set fire to her house, and her mother died... saving her. "Look, the place that cradled me is burning." Can you hear the heartache in her voice? Can you feel it, Joe? In come the strings, and it changes everything. The music fills with a hope, and that'll change again. Listen... listen..."I bring sorrow to those who love me." Oh, that single cello! "It was during this sorrow that love came to me." A voice filled with harmony. It says, "Live still, I am life. Heaven is in your eyes. Is everything around you just the blood and mud? I am divine. I am oblivion. I am the god... that comes down from the heavens, and makes of the Earth a heaven. I am love!... I am love."