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The Analysis Of The Moral Foundation In The Rule Of Law

Posted on:2011-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:T Y WangFull Text:PDF
GTID:2166360332455560Subject:Ethics
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The development process of human society's adjustment standard system has experienced the hybrid period of religion,ethics,customs and legal.With modernized development advancement,ethics and the law is gradually separated. each has its own relatively independent area.In modern society,compared with the law,morals which was once regarded as social main adjustment standard reveals the inherent flaw.,Therefore the field of moral adjustment has been reduced greatly while the suitable field of legal is getting bigger and bigger and is involved in all the aspects of life. So the modern society is called the society governed by law.At the time of western ancient Greece, Aristotle proposed the two standards of "good law".Thus,the relationship between law and morality is related to the dual consideration fields of theory and practice.Ethics and law regarded as the two most important norms of social adjustment mode,has the very rich law philosophy and ethics connotation. Some ethics has been absorbed by the law,the law contains a number of moral implication. So law should be in accordance with morality.In this paper moral foundation in government by law practice process is analysed from government by law dynamic stratification plante.The first section deals with the moral basis of the legislative process and then analyse ethics morals in legislative process foundational function.The second section deals with the moral foundation in law enforcement process.It is the important process of socialism government by law.The law enforcement must have the moral limit.The government good faith is the law enforcement fair safeguard.So in this paper law enforcement result is discussed from government's good faith degree .After that analyse law enforcement main body.In the third part,moral foundation in judicial process is discussed.Punishment evil and supporting justice is the judicial ethics basic principle.Government by law just premise is analyzed from judicial process first.In the forth part,Moral foundation in the process of obeying the law is discussed. Observing law and discipline is each citizen's most basic obligations. Common courtesy is the foundation which observes law and discipline and is also the performance which observes law and discipline.
Keywords/Search Tags:the rule of law, the course of practice, moral basis
PDF Full Text Request
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