XVII REPEALING LAWS

 It is comparatively easy to get a penal¹ statute² on the books. It is very hard to get it repealed³. Men are lazy and cowardly; politicians look for votes; members of legislatures and Congress are not so much interested in finding out what should be done, as they are in finding out what the public thinks should be done. Often a law lingers on the books long after the people, no longer believing the forbidden thing to be wrong, have repealed it. The statute stays, to be used by mischievous⁵ people and by those who believe in the particular law.

 

Often the unthinking lay hold of a catch-word or a pet phrase and repeat and write it, as if it were the last word in social science and philosophy. General Grant, when president, stumbled on such a silly combination of words, and surface-thinkers have been repeating it ever since, simply because it sounds wise and pat. Grant once said that, "The way to repeal⁴ a bad law is to enforce it." Grant was not a statesman nor a philosopher. He was a soldier. He probably heard some one use this phrase, and it sounded good to him. Out of that has grown the further statement which courts and prosecutors⁶ have used to excuse themselves for the cruelty of enforcing a law that does violence to the feelings of the people. This statement is to the effect that so long as the law is on the books, it is the duty of officers to enforce it. The smallest investigation⁷ of the philosophy of law shows how silly and reactionary⁸ such statements are.

 

One thing should be remembered. Laws really come from the habits, customs and feelings of the people, as interpreted or understood by legislative⁹ bodies. When these habits and customs are old enough they become the folk-ways of the people. Legislatures and courts only write them down. When the folk-ways change the laws change, even though no legislature or judge has recorded their repeal.

 

Since Professor Sumner of Yale University wrote his important book, "Folkways," there is no excuse for any student not knowing that this statement is true. As a matter of fact, no court ever enforced all the written laws, or ever would, or ever could. Only a part of the discarded criminal law is ever repealed by other laws. The rest dies from neglect and lack of use. It is like the rudimentary parts of the human anatomy¹⁰. Man's body is filled with rudimentary muscles and nerves that, in the past, served a purpose. These were never removed by operations, but died from disuse. Every criminal code is filled with obsolete¹¹ laws, some of them entirely¹² dead, others in the course of dissolution. They cannot be repealed by statute so long as an active minority insists that they remain on the books. When the great mass no longer wants them, it is useless to take the trouble to repeal them. The fugitive¹³ slave law was never believed in and never obeyed, and it was openly violated and defied by the great mass of the people of the North. The Fourteenth and Fifteenth Amendments¹⁴ to the Federal Constitution, and the statutes¹⁵ passed to enforce them, providing political and civil equality for the black man, and forbidding discrimination on railroads, in hotels, restaurants, theatres and all public places, have never really been the law in any state in the union. Their provisions have always been openly violated and no court would think of enforcing them, for the simple reason that public sentiment is against it. Laws condemning¹⁶ witchcraft¹⁷ and sorcery both in Europe and America did their deadly work and died, for the most part, without repeal. Sabbath laws of all sorts forbidding work and play and amusements are dead letters on the statute books of most states, in spite of many attempts to galvanize them into life. All kinds of revenue laws are openly violated. Most tax-payers of intelligence who own property violate the revenue law openly and notoriously, and all courts and officers as well as the public know it. Many laws which interfere¹⁸ with the habits, customs and beliefs of a large number of people, like the prohibition¹⁹ laws, never receive the assent²⁰ of so large a percentage as to make people conscious of any wrong in violating them, and therefore people break them when they can. Often this class of laws is enforced upon offenders²¹ who believe the law is an unwarrantable interference with their rights, and thus causes convictions where no moral turpitude²² is felt.

 

Every new crusade against crime not only sweeps away a large amount of work that has been slowly and patiently done toward a right understanding of crime, but likewise puts new statutes on the books which would not be placed there if the public were sane²³. When it does not do this, it increases penalties which work evil in other directions and awe²⁴ courts, juries, governors and pardon boards, not only preventing them from listening to the voice of humanity and justice, but causing them to deny substantial rights and wreak²⁵ vengeance²⁶ and cruelty upon the weak and helpless.

1 penal   

adj.刑罚的；刑法上的

参考例句：

• I hope you're familiar with penal code.我希望你们熟悉本州法律规则。
• He underwent nineteen years of penal servitude for theft.他因犯了大窃案受过十九年的苦刑。

2 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

3 repealed   

撤销，废除( repeal的过去式和过去分词 )

参考例句：

• The Labour Party repealed the Act. 工党废除了那项法令。
• The legislature repealed the unpopular Rent Act. 立法机关废除了不得人心的租借法案。

4 repeal   

n.废止，撤消；v.废止，撤消

参考例句：

• He plans to repeal a number of current policies.他计划废除一些当前的政策。
• He has made out a strong case for the repeal of the law.他提出强有力的理由，赞成废除该法令。

5 mischievous   

adj.调皮的，恶作剧的，有害的，伤人的

参考例句：

• He is a mischievous but lovable boy.他是一个淘气但可爱的小孩。
• A mischievous cur must be tied short.恶狗必须拴得短。

6 prosecutors   

检举人( prosecutor的名词复数 )； 告发人； 起诉人； 公诉人

参考例句：

• In some places,public prosecutors are elected rather than appointed. 在有些地方，检察官是经选举而非任命产生的。 来自口语例句
• You've been summoned to the Prosecutors' Office, 2 days later. 你在两天以后被宣到了检察官的办公室。

7 investigation   

n.调查，调查研究

参考例句：

• In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
• He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

8 reactionary   

n.反动者，反动主义者；adj.反动的，反动主义的，反对改革的

参考例句：

• They forced thousands of peasants into their reactionary armies.他们迫使成千上万的农民参加他们的反动军队。
• The reactionary ruling clique was torn by internal strife.反动统治集团内部勾心斗角，四分五裂。

9 legislative   

n.立法机构，立法权；adj.立法的，有立法权的

参考例句：

• Congress is the legislative branch of the U.S. government.国会是美国政府的立法部门。
• Today's hearing was just the first step in the legislative process.今天的听证会只是展开立法程序的第一步。

10 anatomy   

n.解剖学，解剖；功能，结构，组织

参考例句：

• He found out a great deal about the anatomy of animals.在动物解剖学方面，他有过许多发现。
• The hurricane's anatomy was powerful and complex.对飓风的剖析是一项庞大而复杂的工作。

11 obsolete   

adj.已废弃的，过时的

参考例句：

• These goods are obsolete and will not fetch much on the market.这些货品过时了，在市场上卖不了高价。
• They tried to hammer obsolete ideas into the young people's heads.他们竭力把陈旧思想灌输给青年。

12 entirely   

ad.全部地，完整地；完全地，彻底地

参考例句：

• The fire was entirely caused by their neglect of duty. 那场火灾完全是由于他们失职而引起的。
• His life was entirely given up to the educational work. 他的一生统统献给了教育工作。

13 fugitive   

adj.逃亡的，易逝的；n.逃犯，逃亡者

参考例句：

• The police were able to deduce where the fugitive was hiding.警方成功地推断出那逃亡者躲藏的地方。
• The fugitive is believed to be headed for the border.逃犯被认为在向国境线逃窜。

14 amendments   

（法律、文件的）改动( amendment的名词复数 )； 修正案； 修改； （美国宪法的）修正案

参考例句：

• The committee does not adequately consult others when drafting amendments. 委员会在起草修正案时没有充分征求他人的意见。
• Please propose amendments and addenda to the first draft of the document. 请对这个文件的初稿提出修改和补充意见。

15 statutes   

成文法( statute的名词复数 )； 法令； 法规； 章程

参考例句：

• The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法
• Each agency is also restricted by the particular statutes governing its activities. 各个机构的行为也受具体法令限制。 来自英汉非文学 - 环境法 - 环境法

16 condemning   

v.（通常因道义上的原因而）谴责( condemn的现在分词 )；宣判；宣布…不能使用；迫使…陷于不幸的境地

参考例句：

• The government issued a statement condemning the killings. 政府发表声明谴责这些凶杀事件。
• I concur with the speaker in condemning what has been done. 我同意发言者对所做的事加以谴责。 来自《现代英汉综合大词典》

17 witchcraft   

n.魔法，巫术

参考例句：

• The woman practising witchcraft claimed that she could conjure up the spirits of the dead.那个女巫说她能用魔法召唤亡灵。
• All these things that you call witchcraft are capable of a natural explanation.被你们统统叫做巫术的那些东西都可以得到合情合理的解释。

18 interfere   

v.(in)干涉，干预；(with)妨碍，打扰

参考例句：

• If we interfere, it may do more harm than good.如果我们干预的话，可能弊多利少。
• When others interfere in the affair,it always makes troubles. 别人一卷入这一事件，棘手的事情就来了。

19 prohibition   

n.禁止；禁令，禁律

参考例句：

• The prohibition against drunken driving will save many lives.禁止酒后开车将会减少许多死亡事故。
• They voted in favour of the prohibition of smoking in public areas.他们投票赞成禁止在公共场所吸烟。

20 assent   

v.批准，认可；n.批准，认可

参考例句：

• I cannot assent to what you ask.我不能应允你的要求。
• The new bill passed by Parliament has received Royal Assent.议会所通过的新方案已获国王批准。

21 offenders   

n.冒犯者( offender的名词复数 )；犯规者；罪犯；妨害…的人（或事物）

参考例句：

• Long prison sentences can be a very effective deterrent for offenders. 判处长期徒刑可对违法者起到强有力的威慑作用。
• Purposeful work is an important part of the regime for young offenders. 使从事有意义的劳动是管理少年犯的重要方法。

22 turpitude   

n.可耻；邪恶

参考例句：

• He was considered unfit to hold office because of moral turpitude.因为道德上的可耻行为，他被认为不适担任公务员。
• Let every declamation turn upon the beauty of liberty and virtue,and the deformity,turpitude,and malignity of slavery and vice.让每一篇演讲都来谈自由和道德之美，都来谈奴役和邪恶之丑陋、卑鄙和恶毒。

23 sane   

adj.心智健全的，神志清醒的，明智的，稳健的

参考例句：

• He was sane at the time of the murder.在凶杀案发生时他的神志是清醒的。
• He is a very sane person.他是一个很有头脑的人。

24 awe   

n.敬畏，惊惧；vt.使敬畏，使惊惧

参考例句：

• The sight filled us with awe.这景色使我们大为惊叹。
• The approaching tornado struck awe in our hearts.正在逼近的龙卷风使我们惊恐万分。

25 wreak   

v.发泄；报复

参考例句：

• She had a burning desire to wreak revenge.她复仇心切。
• Timid people always wreak their peevishness on the gentle.怯懦的人总是把满腹牢骚向温和的人发泄。

26 vengeance   

n.报复，报仇，复仇

参考例句：

• He swore vengeance against the men who murdered his father.他发誓要向那些杀害他父亲的人报仇。
• For years he brooded vengeance.多年来他一直在盘算报仇。