1. Please introduce yourself。
Petitioners make strong arguments rooted in social policy and considerations of fairness. They content that same-sex couples should be allowed to affirm their love and commitment through marriage, just like opposite-sex couples. That position has undeniable appeal; over the past six years, voters and legislators in eleven States and the District of Columbia have revised their laws to allow marriage between two people of the same sex.
Dear professor, I’m very glad to have the chance to introduce myself to you. My name is XXX, I’m 2三 and come from XXX province. I graduated from XXX university, and my major is XXX。(请务必把本科学院和学校的称号和标准名称查清楚。) After the college, I found a job as XXX(工作地方) of XXX Company. I’m a person with great perseverance, eagerness and commitment. With two years work, I have profited the corporation more than 贰,000,000 福特ExplorerMB and finally been promoted as the vice manager. Although the job is promising and my future life can be well guaranteed, I still want to further my study on Juris Master in RENMIN UNIVE安德拉SITY OF CHINA from the bottom of my heart, so as to enrich my knowledge on this area which is of great importance to enterprises operation and management. Meanwhile, I’m really interested in legal studies。
But this Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be. The people who ratified the Constitution authorized courts to exercise "neither force nor will but merely judgment."
2. What do you expect to achieve if you are enrolled into this institute?
Write a paragraph or two about crime in your country. What is the punishment? Explain any exceptions or conditions.
Although the policy arguments for extending marriage to same-sex couples may be compelling, the legal arguments for reqiuring such an extension are not. The fundamental right to marry does not include a right to make a State to change its definition of marriage. And a State's decision to maintain the meaning of marriage that has persisited in every culture throughout human history can hardly be called irrational. In short, our Constitution does not enact any one theory of marriage. The people of a State are free to expand marriage to include same-sex couples, or to retain the historic definition.
I do have my plan for postgraduate study. As the old saying goes, “Live and Learn。”In the first place, I will try hard to form a systematic view and complete comprehension of Juris study. If possible, I will go on with my study for doctorate degree。
Chinese laws are complicated, even just talking about criminal laws. Nevertheless, there are crimes and criminal law article 293, which have been highlighted by recent highly controversial and contentious cases, and with which I may draw a sketch of Chinese legal system for you. Belonging to the section of crimes of endangering the order of social system, the crimes such as Provocation, Defiance and Affray, picking quarrels and making troubles, taking over by forces and creating disturbances, etc., are judged and punished by or under article 293. In order to verify the crime, we should prove the fact of the criminal form and the criminal liability. How to do it? How to judge someone is guilty or not? The one who is in power has the final authority, not necessarily the judge, although there are many kinds of relevant legal explanations, interpretations, professional analyses, etc. Nowadays, this article is widely abused against dissidents and online activists. With the same crime under the same criminal clause, there are big differences in judgments and verdicts. When people are in trouble, they do not depend on lawyers and trust laws; instead, theyrelayonGuanxi(contacts with someone in authority) and%% believe in powers. Researchers claim that there are two legal systems in our real world: the Common Legal System and the Continental Law Legal System, and some Chinese scholars categorize the China’s legal system as the later one. Another voice quarrels that there is another special legal system, the communist legal system, to which the China’s legal system should belong. The communism is devil, not legal, even though it has a system. The textbook of law school once proclaimed: “The Laws are the tools of proletariat dictatorship,” In other words, the servant of power. Why Chinese society has always being manipulated by the wills of the powerful, despite whatever claims made by the authorities that they advocate and promote the rule of law? Have you got any idea?
Today, however, the Court takes the extraordinary step of ordering every State to license and recognize same-sex marriage. Many people will rejoyce at this decision, and I begrudge none their celebration. But for those who believe in a government of laws, not of men, the majority's approach is deeply disheartening. Supporters of same-sex marriage have achieved considerable success persuading their fellow citizens-through the democratic process-to adopt their view. That ends today. Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law. Stealing this issue form the people will for many cast a cloud over same-sex marriage, making a dramatic social change that much more difficult to accept.
What’s more, having only the theoretical knowledge is not nearly enough, so I intend to take time to participate in more social practices, in order to obtain a better understanding of the theories of this major。
The majority's decision is an act of will, not legal judgement. The right it announces has no basis in the Constitution or this Court's precedent. The majority expressly disclaims judicial "caution" and omits even a pretense of humility, openly relying on its desire to remake society according to its own "new insight" into the "nature of injustice". As a result, the Court invalidates the marriage law of more than half States and orders the transformation of a social institution that has formed the basis of human society for millennia, for the Kalahari Bushmen and the Han Chinese, the Carthaginians and the Aztecs. Just who do we think we are?
In a word, I am looking forward to making a solid foundation of this field。
It can be tempeting for judges to confuse our own preferences with the requirements of the law. But as this Court has been reminded throughout our history, the Constitution "is made for people of fundamentally differing views."
3.Do you want to become a lawyer of a judge?
Well, I’d like to say lawyer。
To tell the truth, judges have some power, but because of so many social contradictions and conflicts of interest of today's events, the court is just like a big trash can full of the disputes, the current judge’s work pressure and the burden are much higher and his attitude is very important to put peace。
Come to talk about lawyers, there are pressures from self-promotion, the source of the cases and business expansion. However, this profession seems much flexible no matter on working time or on requirements. I can choose my cases and clients freely, and take advantage the idle hours to relax. After all, I want to give consideration to both health and career。
4. How do you think the relation between the law and social change?
In fact, in contemporary Western legal research, "Law and Social Change" is still a controversial topic, whether for legal scholars, as well as how to promote social change, there are many different views. And the viewpoint that the law functions as a tool for economic development, that is "Law and Development Movement",is basically proved to be unsuccessful. In my opinion, why the study of these issues is difficult to obtain a breakthrough? The root cause lies with the lack of a truly effective interpretation of the interrelationship between law and society in general theory. In the traditional philosophy of law, or where the argument of science, this issue has not been got enough attention, and legal philosophers have tended to adopt an internal perspective to observe the law. Whether it is legal positivism or natural law , the greater concern is the legal system's own norms and effectiveness. At the same time, although the sociology of law is the law and society as its own study of the relationship between the subject and thus be able to answer this question to some extent, but the traditional sociology of law theory, starting from a certain social fields to observe the law, not only can not fully grasp the relationship between law and society, but also easy to overlook the law's own autonomy. More important is that, for modern society, the traditional theory, sociology of law can not adapt to the ever-increasing grasp of the social complexity of requirements。
5. Please talk about your attitude toward death penalty。
The disputes on death penalty have not yet achieved agreed conclusions. However, from the experience of the death penalty process of thinking and practice, we can see, although the death penalty and abolition are of ethical judgments and can have long-standing controversy, the death penalty is a multi-layered problem. Other related issues can be discussed as a first step to improve themselves. For example, to improve the hearing and appeal procedures to reduce the trumped-up case, giving the defendant the right to full and fair trial, to change the habits of the public before the execution, reducing the death penalty the implementation of the pain, and so on。
We may also immediately solve the ethical issues, but faced with the death penalty and the judicial system reform, we are far from having nothing to do。