What is good law and what is good law?

Updated on society 2024-07-21
3 answers
  1. Anonymous users2024-02-13

    The natural law school believes that "bad law is illegal", and the positivist school of law believes that "bad law is also law".

    More than 2,000 years ago, the ancient Greek thinker Aristotle was the first to make a clear definition of the rule of law, proposing that the rule of law has two core elements, one of which is good law, which is the fundamental and internal foundation of the rule of law, and constitutes the core of the rule of law superior to the rule of one. Since then, good law has theoretically become the source of legal thought and an indispensable theoretical paradigm for the design and evaluation of social, political, and legal systems. In the ancient, medieval and modern periods of the West, the theory of good law has always been the intellectual tradition of the natural law school.

    Since the emergence of the Stoics in ancient Greece and its introduction to ancient Rome, the theory of good law has been indissolubly linked to the idea of natural law. Cicero, the great statesman and thinker of ancient Rome, was the epitome of ancient natural law thought. After Europe entered the Middle Ages, the idea of natural law was inherited by theorists of religious theology, but the theory of good law was not terminated, but was developed in the system of religious theology.

    The great theologians of the Middle Ages, Augustine and Thomas Aquinas, both expressed the theoretical idea that "evil laws are illegal". In the century, the thinkers of the classical natural law school, such as Grotius, Locke, Montesquieu, Rousseau and others, established a complete and systematic theory of natural law. The basic viewpoint of the theory of good law holds that the goodness of law, that is, the morality of law, is the basic attribute of law itself that makes law law, it constitutes the rational basis for law to be generated, formed, implemented, observed, and supervised, and constitutes the rational basis for the authoritative, legal, universal, and normative nature of law, and constitutes the spiritual pillar of the rule of law.

    The law must first conform to the moral requirements of justice and reason, so that people can recognize it and give full play to its unique advantages and functions. A law that is not virtuous lacks the qualifications to become a law, and is not a true law.

  2. Anonymous users2024-02-12

    Good law and good governance: Good law reflects the will and interests of the broadest masses of the people, reflects the law of social development, safeguards the basic rights of citizens, meets the requirements of fairness and justice, and promotes the common development of people and society. The rule of law also requires good governance, which is based on democratic politics and maximizes the public interest by giving citizens greater opportunities and rights to participate in public activities.

    The rule of law is the core of modern political civilization, the basic guarantee for developing a market economy and realizing a strong country and enriching the people, and an effective way to resolve social contradictions, maintain social stability, and achieve social justice. Taking the path of the rule of law is an inevitable choice for realizing the great rejuvenation of the Chinese nation.

    Difference Between Rule of Law and Rule of Law:

    Both emphasize the static legal system and the process of applying this static legal system to social life. The biggest difference between the two is that the concept of the rule of law does not contain value; The rule of law contains values and emphasizes the sovereignty of the people.

    The rule of law emphasizes only the content of the formal meaning, while the rule of law emphasizes the content of both the formal meaning and the substantive meaning. The legal system is more focused on the formalization of law, emphasizing the system, procedure, and operational mechanism of "using law to bury the stove and quickly govern the country" itself, and the focus of its attention is on the effectiveness of the law and the stability of social order. It can be seen from this that the rule of law is the prerequisite and foundation of the rule of law.

    Without the rule of law, there can be no rule of law. On the other hand, merely emphasizing the formal aspects of the law does not reveal the deeper connotation of the rule of law, especially the rule of law in its substantive sense.

  3. Anonymous users2024-02-11

    Legal basis: "Rules of Procedure of the National People's Congress of the People's Republic of China" Article 27: When the National People's Congress is not in session, a bill submitted to the National People's Congress may first be submitted to the Standing Committee of the National People's Congress. The Standing Committee of the National People's Congress shall release the draft laws to the public and solicit opinions from a wide range of opinions on bills that are to be submitted to the National People's Congress for deliberation, except where the Council of Chairpersons decides not to publish them.

    The time for public announcement for solicitation of comments is generally not less than 30 days.

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