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The marriage system has become a system that has an intrinsic structural relationship with the human living environment, the productivity and development level of a society, not the concept and principle of freedom of marriage, and is a basic factor that affects and even determines the form of marriage in the society. The meaning of this passage is that it is not because of our love for each other or the biological imperative of sexuality that the institution of marriage arises, that the institution is never the need of the individual, and that there is no such institution that prohibits non-observance of the institution, which is cold, and so is the institution of marriage.
At the same time, the concept of freedom to marry and freedom to divorce includes the content of the institution as a discipline (as opposed to freedom).
Criminal Suspects and Political Correctness] Su Li uses "words" as an encompassing product, saying that whether everyone, including farmers, has replaced criminals with criminal suspects in their discourse, which has promoted the development of the presumption of innocence in the criminal law, no, this is just a politically correct consideration, and it is only some people who really understand its connotation that really promote the development of the presumption of innocence.
Put morality in the right position in social life] Legal rules can not be "value neutral" or "morality is not involved" This is a basic proposition, what is more interesting is ** Is the high level of morality in the whole society to promote the development of law and society, and low is the opposite? To this question, I think the answer is no. Because when the old order dies and the new order is not established, it is inevitable that the morality of the whole society will be low, and if we analyze it from the framework of legal construction, at least people will no longer stick to the old morality, which is very conducive to the birth of a new order, and at the same time, if the society is not so eager for quick success, it is also very conducive to "moral construction".
I think this proposition is worth writing well in today's society.
Law and Technology] can be said to be the new point of view that attracted me the most in the first chapter, that is, technology has promoted people's understanding of "causality", and the re-understanding of causality has enabled the law to be restructured, which can be said to be a substantial progress in the development of law, especially for the operation of the criminal legal system and the allocation of criminal responsibility. And all this is thanks to science and technology, which can be said to be more of an instrumental rationality.
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The following understandings have been drawn about the occurrence and formation of institutions: 1. It is inappropriate, or at least incomplete, to evaluate history and the formation of institutions only by pursuing individual motives or using "morality". For in modern times, due to the excessive worship of the power of human reason, we are now almost accustomed to regard a certain system that later generations considered good as a kind of legitimate rational logic, as the product of the sober consciousness and pursuit of a few individuals or a few elites, and to equate a system with the rational arguments about this system constructed by later generations; Not only do we pay more and more attention to the design of institutions, but we also tend to pay attention to the so-called "essential relationship" of institutions when designing; When examining a system, it is also customary to examine its pure, noble origins from the point of view of good intentions.
And the failure of a system is often attributed to its innate theoretical deficiencies or the moral defects of its creators. However, the great significance of the system in genealogy is often constructed when later generations look back and look forward, and it only takes on a sacred halo under the observation and rational shaping of the overall historical view of later generations. And this aura often makes it impossible or afraid for us to "gaze" (Foucault) and gaze at ourselves with an empirical attitude of intellectual curiosity. Second, the logic of the formation of the system is not synchronic as later scholars constructed, but more diachronic.
The occurrence, formation, and establishment of systems are all completed in the passage of time, and are formed in the historical activities of countless people. Third, the constitution of society cannot depend on a single system at any time, but requires a set of mutually restrictive and complementary systems; These systems include not only those expressly provided for in written constitutions and laws, but also, perhaps more importantly, informal systems such as customs, customs, morals and customs that are constantly forming, developing and changing in society. Fourth, the formation of a system is not rationally designed or accidental, but it is not completely random and does not require any conditions, but requires a variety of social factors, including the professional factors and efforts of jurists and lawyers.
5. Put morality in its proper place in social life - the title already speaks volumes about the teacher's point of view. "There have been times like this.
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The second marriage was like a nightmare, even if he died, he refused to give up half a point, which made this scholar who could not integrate the "golden mean" into his bloodline, suffer enough, and he risked his life to record them one by one. Like Gao Lao, he is afraid of being late because he can't overcome his attachment to marriage, how to face the world, and always exudes "knowing that there are tigers in the mountains."
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