On The Moral Value Of Law And Its Realization

Morals and law are two different dimensions for the regulation of the world by human society. There are not only distinct differences and boundaries between them, but also intrinsic uniformity. When approached from the perspective of value, the law is built on the basis of morals and the entire legal process is run through by morals. On one hand, the law itself embraces the moral orientation of truth, goodness and beauty, on the other hand, it serves to regulate, restrict, guide and guarantee the realization of moral ideals. It is safe to say that morals is the law of self-consciousness and law the morals of coercion. In the field of practice, however, due to the influences of national character, national psychology, ethical concepts, cultural tradition, cognitive habits and so on, people fail to get a clear understanding of the moral value and form a correct vision of the moral value of law, which accounts for the deviation from, even opposition against, the correct understanding of the moral value of law in the process of legislation, law enforcement, the administration of law and the abidance by law. The existence of this phenomenon directly exerts harmful influences on the realization of the government by law and poses a conceptual obstruction to the genuine role of morality. Therefore, to realize and reveal the moral value of law takes on great and realistic significances in today' socialism with Chinese characteristics which takes the rule of law and the rule of morals as policies of equal importance for the management of state affairs.This paper explores the issue of the moral value of law and its realization from the aspects of both theory and practice. First, the paper defines the meaning of the moral value of law, and argues that morals is the core of the intrinsic values of law, which is manifested in the following points: morals is the value basis of law; the spirit of law is the righteous moral spirit; the enactment and the enforcement of law should adhere to the moral principles. Based on these, the paper goes further to make an analysis of the three major moral values of law- order, effectiveness and justice. Secondly, the paper explains the significances of the study on the moral value of law. In this part, the author holds that for the establishment of the rule by law, the moral value is the fundamental impetus for the evolution of law, the ideological cornerstone for the legislation, the spiritual guidance for the enforcement of law and the effectivebarrier for the invalidation of law, and that for the moral building, the realization of the moral value of law can effectively promote the elevation of the moral level in the society, actively advance the building of the institutional civilization, effectually propel the cultivation of moral qualities in the individuals and carry forward the social justices. Then the paper turns to the field of practice and reflects on the moral value of law in modern China, contending that while affirming the manifestations of the moral value of law in legislation, we should also be conscious of the lack of the moral value of law in this field, such as, the lack of order, liberty and effectiveness. Finally, on the basis of the experiences learned from the realization of the moral value of law in ancient China and western countries, the paper explores the ways for the realization of modern moral values of law in legislation, law enforcement, the administration of law and the abidance of law, and holds that the realization of the moral value of law in the market economy should begin with the legalization process of the basic moral criterions in the society, the acceleration of the process in which the moral value of law in the market economy becomes law, the regulation of civil servants' behaviors in exercising their rights and the formation of a good environment due to the fairness in the administration of law and the strictness the enforcement of law.