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The Ethics Of Law-abiding

Posted on:2006-11-06Degree:DoctorType:Dissertation
Country:ChinaCandidate:T J LiuFull Text:PDF
GTID:1116360155975038Subject:Legal theory
Abstract/Summary:PDF Full Text Request
It is undoubted that the law is valued for its function, otherwise it would be better without it. The best results of the function of the law, or called benefit maximization of the function of the law, depend on the three links' (legislation, application of the law and abiding by the law) own benefits and actual condition of their conformity. The drive strength that the citizens observe the law mainly relies on two forms: one is external drive which is imposed by the state, the other is inherent drive which is mainly an awareness within citizens' heart. Only when the factors of inherent drive have absolute predominance can the observance of the law by citizens get the dynamic mechanism which is deep-drawn, latent and permanent.This paper mainly discusses the "ethic factor or moral factor" of abiding by the law, dealing with the perspective, analysis and evaluation of the link of abiding by the law from the viewpoint of ethics. It also excavates the ethic resource of abiding by the law itself and analyses the ethic logic of abiding by the law to seek the ethic support for the benefit maximization of abiding by the law. "Moral Proof of Abiding by the Law' tries to seek the rational foundation for the "ought to" in the course of abiding by the law from the perspective of three aspects, the moral theory of abiding by the law, moral behavior and moral basis, that is to say, providing ethic proofs for the justification of law-abiding conduct. "Moral Construction of Abiding by the Law" mainly discusses the subject, object and background of abiding by the law, which are absolutely necessary. "Moral Mechanism of Abiding by the Law" puts forward an ethic analysis of "the course of abiding by the law" from the viewpoint of moral formation, moral development and ideal state of abiding by the law, fully explaining the "sublimation" process of the subject of abiding the law. "Moral Value of Abiding by the Law" analyses the value of law and evaluation pattern of moral value from general theory of moral value.
Keywords/Search Tags:moral proof of abiding by the law, moral construction of abiding by the law, moral mechanism of abiding by the law, moral value of abiding by the law
PDF Full Text Request
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