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Ethics and the rule of law are interlinked. 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. The rule of 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 survive; 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.
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The concept that law is the minimum standard of morality basically explains the relationship between the rule of law and morality. Law is derived from morality, and the rule of law is to maintain the most basic moral existence. In theory, this is the case, but in practice it is only a matter of opinion.
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Without the rule of law, there can be no morality.
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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.
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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"
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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.
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? >>>More
It is necessary to use more moral and legal constraints, because to cure the root cause, the culprit is human beings, human beings need moral and legal constraints, and human beings must self-reflect
Never mind. Conforming to the law does not mean being ethical, and being ethical does not mean conforming to the law. However, most of them coincide. Morality is different for everyone and everywhere, there are no strict boundaries and standards, but the law is serious and must be there.
Law and morality are mutually reinforcing. Morality provides guidance to the law, and law is a manifestation of morality. However, there is a difference between the two, they are not the same in scope, breaking the law does not necessarily violate the moral bottom line, and if there is a problem with moral thinking, it does not necessarily violate the law.
Whether it is to enter the public procuratorate or become a lawyer, the state now stipulates that you must pass the judicial examination in order to obtain a practice qualification. The current regulations of the judicial examination are that students who have graduated from colleges and universities can only take it, so it is still very difficult for most people, and some people cannot pass the examination for several years after graduation, and even affect the development of their work. If you are a lawyer, according to what I know so far, it is difficult for people who have just graduated from a bachelor's degree to start their career as a lawyer, because even if you have obtained a judicial examination certificate immediately after graduation, if other law firms want you, you can only intern for one year first, and there is no salary. >>>More