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Introduction To Property Right Ethics

Posted on:2003-05-05Degree:DoctorType:Dissertation
Country:ChinaCandidate:N S LuoFull Text:PDF
GTID:1115360095951635Subject:Ethics
Abstract/Summary:PDF Full Text Request
Property right is one of the basic systematic arrangements of social life. Properly right relations are the core and basis of all economic relations. The establishment and performance of property right as well as the regulation of property right are crucial to the development of the whole society.However, neither are all the property right systems effective, nor can the arrangements of property right promote economic development. Throught reviewing human history, economic miracles created by effective property right arangements can be found; meanwhile, hindrances of ineffective or low effective property right arrangements to e-conomic development and social progress can also befound. Then to decide what elements affect and restrict the choice of property right system and the efficiency of its implementation is a quite complex question concerning economy, politics, culture and other elements, among which property right values and social ethical norms are crucial restrictive elements. A certain property right system is always established on property right values, its effective implementation and coordinative relationship. Without reasonsible property right values, there would not be effective property right system, and without sound property right norm, no effectively implementing system and cooidinative relationship would be established. So to establish one kind of effective propertyright system, and to promote its coordinative relationship, a kind of proper property right values must be established. And perfect property right norm system should also be constructed. At the same time, the construction of property right ethic is significant in perfecting social ethical and moral system, for property right relation, are the most elementary economical relations adjusted by economic ethics. Property right ethics is the core of economic ethics; meanwhile, social ethical contradictions and conflicts being aroused by property right interests and social morality are also the basis of social ethics. So it is theoretically and realistically significant to strengthen property right study, to reveal its essential provisions, to probe the appropriate norm of modern property right and to research issues concerned in socialist market e-conomy.According to J. L. Mackie, an American ethical expert, ethical theories can be diveded into:ethical therories based on purpose,ethical therories on duty, ethical theories on right. Property ethics is a kind of moral theory based on right according to it, aimed at studying property right regulation, property right relationship, and ethical problems oc-cured during its implementation. In this article, the basic viewpoint, that is, "the basis and core of morality is to respect and defend human legitimate right", is proposed and expounded; and on the basic proposition, a whole ethical system will be constructed. This article is divided into three parts: the elementary theoretical study of property right ethic, the study of its principles, and the study of it in the context of Chinese economic reform and development.The elementary theoretical study of prorerty ethic includes the following. Firstly, it studies the quality and trait of property right ethics,with its own study method. As a kind of moral theory based on right, property right ethics is a borderline ethical subject synthesized some e-conomical and property right jurisprudence theories and methods on the basis of ethics. It is not only practical ethics which studies specific ethical problems concerning property right system and its transactions, but also with some features of theoretical ethics, for some of its basical theories lay theoretical foundation for economical ethics, law ethics, and social ethics to some degree. As for studying method, besides the elementary philosophical ethical method, it adopts some economic methods, such as the transaction - cost - study method and case -study method of jurisprudence. So it combines norm study and posi-tivist study together. Secondly, it rationally speculates property...
Keywords/Search Tags:property right, ethics of property right, the maket economy, the value of property right, ethical norms of propety right, ethics of property right system, ethics of property right practice
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