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The Evolution Of The Moral Spirit And The Legal Spirit

Posted on:2006-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y L ZhangFull Text:PDF
GTID:2155360212982544Subject:Ethics
Abstract/Summary:PDF Full Text Request
The relation and the evolution of the moral spirit and the legal spirit are discussed from the following three aspects: Firstly, studying the traditional moral spirit and the traditional legal spirit; Secondly, analyzing the division of the moral spirit and the legal spirit and its meaning in modern society; Thirdly, considering the conformity of the moral spirit and the legal spirit.In traditional society, people were inclined to consider morality from the angle of man's rational life of Plato. This kind of spirit expressed by morality was the mean. Here law is discussed from the feature of rule. The emergence of law related to the emergence of the concept property, and the factor of object existing in law's rules could make the legal spirit go to extremes. However, morality played a leading role in traditional society, so on this condition, the possibility of the legal spirit's going to extremes didn't come into reality.Modern society has a direct bearing on the legal spirit. The arrange of social order's structure depends on the combination of social division of labor and the corresponding cultural symbols. Here, morality and law are two important aspects. In modern society, after law became the leading factor in social life, the ideology of instrumental reason was established. At this moment, morality was asked to prove itself have some use. Thus, the meaning of morality's existence and its use in the society alternated, which confused the society and the cultured order.After considering the division of the moral spirit and the legal spirit, we think that it has something to do with man's extreme subjectivity. Because extreme and absolute subjectivity make man unilateral and absolute, the society has many problems in which morality is ignored. Here, ecologic wisdom has significant use for reference. Ecologic consciousness is man's consideration of the reasonable order of the world, man's position in the world and the reasonableness of man's behavior. We hope that in this kind of organic connection, morality and law will reach to the conformity to some extent.
Keywords/Search Tags:morality spirit, legal spirit, subjectivity, making up social order
PDF Full Text Request
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