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On The Ethicality Of Law

Posted on:2007-07-29Degree:DoctorType:Dissertation
Country:ChinaCandidate:X P ChenFull Text:PDF
GTID:1116360185957970Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The relation between law and moral is the perpetual topic in the academic field of law, especially in jurisprudence field. In ancient China, all schools take inherent conjunction between law and moral and legal enforcement on moral, which is argued intensely in western as regards, but they have different opinions on the function of them as an instrument of social control. Finally, moral-primary-and-punishment-secondary has become a character of the traditional culture of China. Up to now, with the change of Chinese society, the law is very necessary to society control, then the western legal system and the theory of the rule-of-law have become the stylebook of the construction of modern rule-of-law of China, so the inherent conjunction and the conflict between law and moral have been the important themes in the academic field of law. Although the inherent relationship between law and moral has come to be common sense of many scholars, the author thinks, they don't pay more attention to the phenomenon of the conflict between law and moral existing practically. In fact, ordinary views on the relation between law and moral can't explain the conflict between them or propound instruction to resolve this matter, we must analyze the idea of the relationship between law and moral presented before us more deeply from higher level, and then we can work out more persuasive explanations and find out more feasible solutions.For the above reasons, the author tries to expound the logic relations about law, ethics, and moral from the view of two subjects, and then take the human nature as beginning and theoretical presupposition to analyze the conflict between law and moral of China in transformation era, mainly from reform and opening-up in China. The author explains the subjects in detail in...
Keywords/Search Tags:Law, Ethic, Moral, Conflict, Formal justice, Substantive justice, Social transformation, Good law
PDF Full Text Request
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