On "The Confliction And Blending Bteen Ethic And Law

Law and ethic are two important social adjustment systems .the relationship between social ethical adjustment and legal adjustment is very complicated. They are in conformity under certain circumstances in that some universal social ethical principles and norms can be made into laws to become a section of law; and law adjustment is also on the basis of ethic, advocate and ensure the spread of ethic within certain range. However they adjust various social relationships with different measures within their corresponding fields. Some social relationship are hi the common adjustment range of law stipulation and ethical norm, during which different value pursuit will inevitably lead to conflict. Recently, such statements as those that are reasonable but illegal and those that are legal but unreasonable are put forward. Those statements concerning the debate between reasonableness and legality actually reflect the conflict and the contradiction between these two social norms. The contradiction between law and ethic originates from the two different intellectual value characteristics. In social practices, some behaviors and phenomena conform to the law stipulation, but don't conform to the ethical norms. For example, during the Second World War, Germany, under the Fascist regime, conformed to the vicious law and ethic of fascists; in reality there are people who are not ready to take up the cudgels for a just cause, are engaged hi love multi-angle, don't pay off debts which are beyond law prescription; there are adults who don't support their remarried mothers; there are married women who can not share their legal lands; there are lynches which are used to punish thieves as well as parents who kill their unworthy descendents etc.From these complicated phenomena and behaviors concerning conflicts between law and ethic, the causes for these conflicts are revealed after considerable theoretical analysis of these phenomena in their different levels: different evaluation norms between ethic and law, the value objective discrepancy between law and ethic; different ethical norms in different social systems; the difference between traditional social hierarchy sense and the equality sense required by the modern legality; different pursuit between ethical obligation status and legal rights status; different principles on how to rule a country; different pace between ethical development and legal development. Studied from the aspect of the relationship between law and ethic, all of them belong to the domain of superstructure, which are on the basis of the economical base and are determined by the productivity, havecounter-effect on productivity. All of them are in conformity between material restriction and subjective initiatives and embody the combination between class nature and social nature in class society. Law and ethic advocated by the ruing class have common character in the aspect of spiritual guidance, conformity character in the aspect of inner spirit and social nature; they have basic conformity in the sense of their objective obligation, historical role , basic principle and content, that is to say, the blending of law and ethic is not only possible, but also a kind of objective requirement. Law should be on the basis of ethic in the sense of time priority of ethic; law needs ethic complement in the sense of the limitation of law adjustment; ethic requires powerful support and reinforcement from law from the point of the role played by law and ethic.The conflict between law and ethic exists in reality and the blending of them is possible and inevitable. They belong to two different social phenomena, therefore the blending of them should adhere to certain principles: basic ethical principle of law; the principles that law should be brought into prevailing social ethic; the bottom line principle that ethic should possess the features of law; the period principle of law content and the principle of emphasis on the difference between law and ethic. Based on these preceding blending principles, the concrete bl...