Where it is possible to legalize morality, the relationship between morality and the rule of law

I suggest you take a look at Montesquieu's "On the Spirit of Law", which mentions a problem: the reason why human beings want to make laws is because the establishment of human society makes the fear and cowering of human beings disappear in the primitive state, that is, the awakening of social forces and individual forces, which makes human beings have the motivation to attack and resist each other, which leads to wars between one society and another, disputes between one person and another, so that human beings make international law and laws between people (domestic law). And where does the most primitive law of human society come from?

Montesquieu meant that "justice" existed before the law was artificially determined, and this justice was the basic framework for human law-making. Just as if there is no uniform radius before drawing a circle, then the circle must be drawn of different sizes. But there is a striking similarity in the basic composition of the laws made by human beings, and that is because each person is given an equal radius before drawing a circle, which is the Creator, or the justice that is born with it.

If you insist on the relationship between morality and law, then this justice can be considered morality, that is, a rule that existed before the law was enacted, as a kind of rule that does not need to be formulated. Such rules are widely accepted by mankind, and one of the main purposes of affirming them as laws is to make them coercive, so that human beings can be guaranteed not to touch the bottom line of these rules. For example, in primitive societies, it was assumed that it was not permissible to kill people from the same tribe, so if someone broke this rule, how would people deal with it?

If this rule is only a clause that is widely accepted in the minds of everyone, and the person who kills does not accept it in his heart, and people do not know how to deal with the situation, then there must be a more precise regulation of what punishment the murderer should be given if this happens. This is the original form of law, and an example of the elevation of morality to law.

Of course, there is a difference between morality and law, and the biggest difference is that morality changes with the changes of society, while law has a certain degree of fixity and lag. For example, in ancient times, women strictly followed the moral boundaries of the Three Principles and Five Constants, but in modern times, no one thinks that it is immoral for women to wear black silk on the street, which is why some morals cannot be enshrined as laws.

There is a close link between ethics and the rule of law, and they are mutually reinforcing.

Morality refers to the code of conduct and values that people abide by in social life, while the rule of law refers to a political system based on law. Morality is a social consensus, a social norm, a social culture, a social code of conduct in Yuzhou, and a social value; The rule of law is a social order, a political system, a form of social organization, a way of informing and managing social disturbances, and a social and economic order.

The relationship between morality and the rule of law is that morality is the foundation of the rule of law, and the rule of law is the realization of morality. Morality is the premise of the rule of law and the foundation of the rule of law; The rule of law is the embodiment of morality and the guarantee of morality.

The rule of law can only be implemented if morality is implemented, and only when the rule of law is implemented can morality be implemented.

Therefore, morality and the rule of law are interrelated and mutually reinforcing, and should be coordinated with each other to jointly improve the level of fairness, justice and civilization in society.

Hello, it is a pleasure to answer for you, the relationship between the rule of law and ethics is as follows; Ethics and law are interconnected. They all belong to the superstructure and all serve a certain economic base. They are two important means of social regulation and control, and since mankind entered the civilized society, any society cannot but rely on these two means at the same time when establishing and maintaining order, but it is only a little biased.

The two complement each other, promote each other, and promote each other. The relationship is embodied in the following aspects: 1. Law is an effective means of disseminating morality.

Morality can be divided into two categories: the first is the morality required by social order, that is, the "minimum morality" that is indispensable for a society to maintain, such as not violently harming others, not using fraud to seek rights and interests, and not endangering public safety; The second category includes principles that contribute to improving the quality of life and fostering close relationships between people, such as fraternity and selflessness. 2. Morality is the evaluation standard and driving force of law, and it is a useful supplement to law.

First, the law should contain a minimum of morality. A law without a moral basis is a kind of "evil law" that cannot be respected and consciously obeyed by people. Second, morality has a guarantee effect on the implementation of the law.

Nothing is good enough for government, and law is not enough for itself." The enhancement of the professional ethics of law enforcers and the strengthening of the legal awareness and moral concepts of law-abiding personnel all play a positive role in the implementation of the law. Third, morality complements the law.

Moral adjustment plays a supplementary role in those that should not be regulated by law, or where they should have been regulated by law but are still "unable to follow" due to the lag of legislation. 3. Ethics and law are transformed into each other in some cases. Morality, which emerges as society develops, is considered to be very important to society and is in danger of being violated on a regular basis, and it is possible for the legislator to incorporate them into the law.

Conversely, certain acts that were previously considered immoral and therefore prohibited by law may be withdrawn from the legal field and turned into moral adjustment. In short, law and morality are different from each other, and they cannot be substituted for each other, confused, or abandoned, so a single model of rule of law or a single model of rule of virtue is inevitably defective; At the same time, law and morality are interrelated, complementary in function, and both are important means of social regulation, which makes it possible to rule by virtue and law. To sum up, the ideological and moral and legal basis have this dialectical unity of Guan Xiangpi pure lineage, they are interdependent and mutually restrictive, and they are inseparable.

Summary. The legalization of morality refers to the compulsory regulation of moral elements and then elevated to legal provisions, and the judgment of violators will no longer be wrong but inclined to sin. The moralization of the law refers to the fact that the law is based on moral requirements and standards, and the judgment of violators is more inclined to be wrong than sinful, and its purpose is to make the law more humane.

The legalization of morality refers to the elevation of moral elements into legal provisions after being compulsorily regulated, and the judgment of the offender will no longer be wrong but inclined to sin. The moralization of the law refers to the fact that the law is based on the requirements and standards of moral goodness, and the judgment of violators is more inclined to be wrong than sinful, and its purpose is to make the law more humane.

The legalization of morality emphasizes that the moral concept of human beings is cast into law, that is, the process of forming good law; The moralization of the law emphasizes the internalization of the law as the quality of the people who are slow and wise.

Summary. Good laws should embody morality, human conscience, fairness and justice, and at the same time, it is necessary for the law to be universally observed. It is precisely the basis of the moralization of law that the law should guarantee human rights to the greatest extent, and laws that do not conform to the spirit of human rights will sooner or later be spurned by the people.

The moralization of the law needs to be embodied through legislative, law enforcement, and judicial activities, and it also needs to be reflected by the moral quality of the groups in charge of legislation, law enforcement, and justice. "Vietnam is a country with a developed civilization and a sound legal system. The more ethical norms are embodied in their laws.

It can be said that the perfection and soundness of a country's legal system depends mainly on the number of moral rules incorporated into legal rules. In a sense, in a country where the rule of law is perfect and sound, the law has become almost a compilation of moral rules"

Hello, how to understand the legalization of morality and the morality of law, because law and morality have irreconcilable contradictions when applicable, but at the same time, the commonality and symbiosis between them make it possible to reconcile them. Fuller's book The Morality of Law is an important proposition from a philosophical and legal point of view"Morality makes the law possible"。That is, the moralization of the law.

Good laws should embody morality, human conscience, fairness and justice, and at the same time, it is necessary for the law to be universally observed. The fact that the law should guarantee human rights to the greatest extent is precisely the root cause of the stupidity of legal morality, and laws that do not conform to the spirit of human rights will sooner or later be spurned by the people. The moralization of the law needs to be embodied through legislative, law enforcement, and judicial activities, and it also needs to be reflected in the moral quality of the groups in charge of legislation, law enforcement, and justice.

The more civilized and developed the country, the legal system is perfect and sound. The more ethical norms are embodied in their laws. It can be said that the perfection and soundness of a country's legal system depends mainly on the number of moral rules incorporated into legal rules.

In a sense, in a country where the rule of law is perfect and sound, the law has become almost a compilation of moral rules"

Ethics and law are inextricably linked, they support each other and interact with each other. It is a complementary relationship in which moral justice and goodness are aligned with the justice and legitimacy of law. Morality is the basis for the functioning of society, and law is the guarantee of the functioning of society.

Ethics are the basis of legal norms. Without shared moral values and beliefs, the law will lose its authority in the process of enforcement. Therefore, morality is the basis on which law is possible.

1.develop public ethics that reflect the values expected by the public;

2.advocating an honest and high-quality way of living and working;

3.Establish harmonious interpersonal relationships and enterprising interpersonal balance;

4.Raising awareness of citizenship and responsibility;

5.Implement social responsibility and maintain social justice and fairness.

The relationship between morality and law is very close. In the process of social operation, it is necessary to emphasize the combination of moral norms and legal norms, and only in this way can the law be binding, make society stable, and maintain fairness and justice. Therefore, each of us should uphold positive moral values, have a comprehensive understanding of the observance of the law, use the relevant rules as a reference and grasp of behavior, be a forward-looking and responsible citizen, and promote the common development of peace and the rule of law.

Morality and law are inextricably linked. Law is an important embodiment of social norms, and morality is the core principle behind social norms. Among them, the law requires people to act according to established rules, while morality requires people to be guided by values such as kindness, justice, and righteousness to guide people to make the right behavioral choices.

To a certain extent, good moral standards can motivate people to consciously abide by the law, making the implementation of the law smoother and more efficient. Therefore, morality can promote the implementation of the law at the basic level, increase people's awareness of the law and the rule of law, and make the law more feasible and feasible.

In life, the law restricts our behavior, which can make us work and study more regularly, although morality can play a certain role in norms, but there is still a difference in strength.

Again, it's a question that doesn't know how to ask.

It's not the same from different angles, but here are two simple perspectives.

1.From the perspective of the normative situation of people, morality has higher requirements for people than law, that is, the law is under morality.

For example, if there is an old man on the road, it is immoral for you not to help him, but it is obviously not illegal. (Even if the book is thick, it may be a crime).

2.From the point of view of enforcement, it is obvious that law takes precedence over morality and is above morality.

For example, breaking the law will encounter the police, courts, prisons. Obviously violating morality will not.