Thursday 20 January 2011

Assignment 1 deadline week 4



Read the following text and then answer the question:

Can you think of situations where it would be right to break the law?

What You Do When No One Is Around
Laws let us know what is considered right and wrong by society, but should we rely on laws
and the consequences for breaking them to guide our behaviour? Aboriginal societies did not
traditionally rely on laws imposed by authority and punishments for breaking those laws to
guide people’s behaviour.
There is great diversity among Aboriginal peoples but there are some common elements.
Customary Aboriginal laws are not something that people are forced to obey or face punishment.
Customary laws are made to help people know and live by their community’s ideas about
duty and responsibility. The “good life” or a “good mind” often has the same meaning as law.
Customary Aboriginal law is all the social mechanisms that teach people from birth to death
how to live a good life. This idea was expressed by a Cree Elder when he compared Canadian
laws to Aboriginal law and asked “Why do your laws…speak only about what people should
do? Why don’t your laws speak to people about what they should be?” The Cree concept of
Miyo-wicetowin requires Cree peoples to conduct themselves in a way that creates good in all
relationships.
Every person must find for themselves the “good mind” that allows them to know Aboriginal
law and comply with it. Reaching the “good mind” requires an understanding of the wisdom
that the community has gained through the ages. Because this wisdom is not written down
anywhere, this knowledge is often gained from Elders. The role of Elders sometimes varies
but generally consists of helping people, individually and collectively, to gain knowledge of
the history, traditions, customs, values and beliefs of the community. They are respected for
their wisdom and experience and being able to advise people about what to do in difficult
situations.
In Aboriginal law there is a respect for individual independence. People are encouraged to
make their own decisions and accept responsibility for them even at an early age. Stories are
used because the listener is free to understand in their own way and act on it or not.

17 comments:

  1. I think it would be right to break the law when you try to rescue or help someone you love. For example, steal a car to follow a kidnapper or sth like that.

    Pierre

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  2. I think it might be the right choice not to follow the law when (almost) being harrased. I mean that IF you were to get in such a situation, I personally would try to do the person pain in a 'attempt-to-hurt-very-bad' way..

    Marieke

    Oh! And please don't mind my old blog, it's old and BAD.

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  3. I think you should be allowed to break the law when you save or help someone with it.I also think you should be allowed to break the law to protect yourself.

    Aisha

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  4. I think that you may break the law when you are about to save people. For example, when someone has to go to the hospital because he/she is badly injured, I think you could drive in full-speed.
    Or when you're kidnapped by a extremely dangerous person or sth like that,you may defend yourself and/or may try to hurt him badly.

    Eda

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  5. I think I agree with the four comments above. Of course breaking the law is not good. But I think it depends on the situation you're in. If you break the law but with a good intension it's not a crime. If you really want to save your family and friend or maybe even yourself, you may break the law. I think it depends also on the law you break. For example, when you're driving to fast it's not really a big crime. If you're in a terrible situation and you have to kill someone you can better don't do it.
    I think when your intension is good, and you do not want to hurt people but save them. You may break the law.

    patrick

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  6. I think deciding whether breaking the law is justified depends on the crime, the intensions, the situation and offcourse the person you ask. Sometimes it can be dilemma. For example, an old lady walks down the street and gets robbed and threatened by a young man. Then a random citizen who has seen all of this intentionally runs him over with a car and kills him.

    Is this justice? If you ask me I wouldn't know.

    Or this, is it okay to steel from the rich who have worked hard for their money, in order to feed your starving familly because you have worked hard too, but haven't had any good luck in life?

    think about that, because I haven't made up my mind yet whether i could label these situations right or wrong. I think that in this case there is no right or wrong. The choises made impulsively because they had to be.

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  7. There are differences between breaking the law, for example dealing drugs or kill someone are of course really bad things, driving too hard with your car is also breaking the law, but it isn’t as bad as dealing or killing someone. And if you can safe someone by driving too hard, then I would do it.

    I agree with Patrick and the four above him. Of course it isn’t good to break the law, but if you can safe someone by breaking the law, I think that you should do it then, doesn’t matter what the law is saying.

    And Nychenda, I think that your first example is wrong, cause you may not kill anyone. And I think that your second example is wrong too, because In Holland we have the Voedselbank, so then you can get food.

    Daan

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  8. I agree with almost everyone exept maybe Daan, in the Netherlands you have the voedselbank but they don't have that in other countries. And maybe Nychenda is describing a kind of the story of Robin Hood, and in those days they didnt have a voedselbank yet. But I think when you steal of someone who has worked very very hard for it it might be unfair, at least I would be upset if it happened with me. I find that very hard to judge.

    Aisha

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  9. It is difficult to say wheter you're allowed to break the law or not. Ofcourse breaking the law is wrong, and it should be done as less as possible. But in some cases you just can't help it, than breaking the law seems the right thing to do.

    That could be when for example you are driving your wife to the hospital because she has started giving birth to your baby boy, and you drive as fast as you can.
    Than that seems the right thing to do. And I agree. I think -if I were a man- I would do the same.

    But if, like nychenda said, you're killing somebody because he just robbed an old women, that is wrong. You could break the law to stop him, but I think when you're killing him you're a bit overreacting.

    But just as I said in the beginning: It is hard to determine wheter somebody did the right or the wrong thing.

    Marij

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  10. I agree with the others, I think that you are allowed to break the law when you are in danger, when for example someone attacks you. I find you may break the law on that moment to defend yourself or someone else.
    This reason is almost the same as most comments who are already given.
    I thought of one more. I personally find when a person mental hurts you, by screaming and saying many worse things to you for example. (That person doesn’t break the law) but when you hit that person after asking so many times him to stop. You do break the law. I find that you on that moment may break the law because you have a good reason for it. I know it’s not the best way of reacting but what would you do….?
    Evelien

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  11. I think you can break the law to (for example)save someone when he/she has bad injuries and you have to take him/her fast to the hospital. In this case you may (in my opinion) drive through red (if you do not bring the other traffic in danger of course)and drive faster than the limit on that road.

    I do also know another one:
    You may break the law when you see a thief running away. In this case you may do anything to catch him (you may not kill him or give him bad injuries because that goes to far).

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  12. This comment has been removed by the author.

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  13. Violating the law, whether it should be allowed, depends on the situation. When breaking the law is the only way to bring safety. As already mentioned, taking someone to a hospital when seriously injured. In my opinion this shouldn't be penal. But as far as I know, self-defense and those sorts of breaking-the-law is allowed. (this applies in the United States, I'm not sure if it does in Europe. I read this in the following link)
    http://en.wikipedia.org/wiki/Self-defense_%28United_States%29

    (I deleted the previous post, because it contained a few mistakes)

    Jeannet

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  14. Breaking the law is bad. However there are some situations in which this couldn't be the case. This could be for example: When your wife is giving birth to her baby girl/boy. Of course you must go immediately and as fast as you can to the hospital. Even though you're in this situation you still got to be mindful because when you go through red in such a situation people (an old woman) can get frightened and bump against another car. This may lead to death. I think this is completely wrong and I know you will all agree on that.

    Special situation: When you're a person with a gun and you're the only one who can safe 20 people by shooting an innocent person, what would you do?

    I would kill the person and safe the other 20 even though that one person is someone of your family. I wouldn't consider this was wrong because I think anyone would have done the same thing.

    But when YOU are the person who's to be killed by someone else for saving 20 other persons. Would this be wrong?

    I would consider it was wrong because it's me! but I would understand the person who did it, even though it is someone you know.

    Further more, I think you have the right to break the law in every other situation which has been mentioned above.

    Lisa

    P.S. ( the special situation is a bit weird but I saw it in a film and i thought it could be useful) :)

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  15. I totally disagree with Nychenda because maybe the robber is committing a sin but are you better than him if you commit a greater sin?

    I think you should avoid breaking the law to prevent problems like jail. If you drive too hard you can be a danger for the other drivers on the road. However if you are a advanced driver you can drive very hard and accept the bill.

    pierre if you steal the car than you have to bring it back otherwise you are a thief and what's the difference than between you and the kidnapper?

    If I could save someone by breaking the law , I certainly would do but with doing that, I have to accept the punishment for it. I definitely disagree with people think killing is aloud but hurting someone for a short period is kind of OK I think

    mustafa :)

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  16. Can you think of situations where it would be right to break the law?

    Well, I personally think that it would be right to break the law in some situations. Such as:
    - Robbery
    - Assault (aanranding)
    - Torture
    - And way more other situations.
    You can defend yourself, but there are limits.

    This quote from the Dutch book of law shows in what kind of situations you can defend yourself:

    "Burgerlijk Wetboek Boek 4
    Afdeling 4. Vorm van uiterste willen
    Artikel 98 - 4:98 BW

    "1 In geval van oorlog of burgeroorlog kunnen militairen en andere tot de krijgsmacht behorende personen een uiterste wil maken ten overstaan van een officier van de krijgsmacht.

    2 Ook buiten het geval van oorlog of burgeroorlog kan op deze wijze een uiterste wil worden gemaakt door militairen en andere personen, die behoren tot een gedeelte van de krijgsmacht dat is aangewezen:

    a. ter deelneming aan een militaire expeditie;

    b. ter bestrijding van een vijandelijke macht;

    c. ter handhaving van de onzijdigheid van de Staat;

    d. tot enig optreden hetzij tot collectieve of individuele zelfverdediging, hetzij tot handhaving of herstel van de internationale orde en veiligheid; of

    e. ter voldoening aan een vordering van het bevoegde gezag in geval van oproerige beweging."

    (source: http://wetboek.net/BW4/98.html?l=1)

    But I think Mustafa also has a good statement that you should avoid breaking the law to prevent things like jail. And sometimes you can bring others into trouble by breaking the law.

    And also sometimes if you protect yourself, you can hurt others.

    A situation where breaking the law would be right is if you want to save someone, like if your friend is in trouble and you want to help. Maybe if you don't you can lose the trust of people.

    Greetz,
    Yorin

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  17. Can you think of situations where it would be right to break the law?

    I think that breaking the law is wrong, but you really need to, then do it.
    I think I would do it in a case of robbery. I saw it on TV. A shop owner shot the person who commited the robbery. The person who commited the robbery died in the hospital. Maybe it wasn't the purpose of the shop owner to kill the thief, but it was pure self defence. In that case, I would have done the same I think.
    I would also break the law if a person who I loved was in danger. For example if my little brother is in danger, I would break all the laws I need to, to safe him. I don't mind, as long as the people I love are safe.

    Greetz,
    Lisa V

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