A Study On The Relationship Between Law And Morality

The relationship between law and morality is always one of the themes ofjurisprudence circles, between the school of natural law and positive law schooldebate is mainly based on the legal and moral relationship as well as moral and legalseparation on. One contemporary natural law school represented by Fuller, withHart as the representative of the empirical analysis on the relationship between lawand moral law school debate of most concern. Fuller think that the law is that humanbehavior is subject to the rule of control business, as a kind of "the purpose ofbusiness", the law has "moral" and "ethics". However, opposition to school of naturallaw, positivist jurisprudence analysis represented by Hart advocated the separation ofmorality and law, the inner relationship of the two hold a negative attitude. Atpresent, research on the relationship with the moral law is focused on morality of law,and the study on legal and moral relationship, and "evil law is illegal" theory questionresearch. Based on the reality, the relationship between morality and law is not onlya theoretical focus of academic arguing with each other, in daily life, peoplesbehavior also show people walking difficult line between law and morality. Thispaper is discussed by using the bus seat to cognitive perspective on the relationshipbetween morality and law in the process of practice, starting from the social point ofview framework combining theory to build the relationship between morality andlaw.This paper will first show the recent bus seat in a series of beatings, insultsevent reviews, to re-examine the carding process of moral, and by reference toFullers "desire of morality" and "theory of morality of duty" to prove the moralintention. Based on the assumption of "law and morality is the inevitableconnection", the author puts forward his own assumptions, namely using coordinateDescartess theory of moral and law into the same two-dimensional coordinates todesire, moral as ordinate, and the morality of duty as the abscissa, the original statemoral decline in parabolic coordinate system in shape, and the law is a way to crossthe parabola straight, cross point is that people can measure their own code of conduct.Secondly, this paper is on the legal and moral existence of relationship isestablished on the basis of a system, so, the author in the second part of the articleon the assumption that the opposite relation between law and moral conflict isdemonstrated. The conflict between law and moral aspect is reflected in the twoextreme points is no legal ethics and law without moral, on the other hand, with thetransformation of economic growth, the constraint relationship of society ofacquaintances and strangers society transition of social mode. After these twoaspects, the author draws the final conclusion of legal and moral relations, andevidence from Fullers legal moral certainty theory.Again, the assumption can indeed be established that, two-dimensional systemon the moral law for further analysis. Because the system itself is an extremelyabstract construction, so always is the key to the law for this line of. So the authorfurther carding the related parameters affecting the third part of the article on Legallinear trend, of course, it is undeniable, there are many factors influencing the law,but the author is solely based on "bus seat hit" event, various factors behind hiddenshown is the key of this paper, so the author only the relevant factors embodied inthe event. This system is not perfect,also the imperfections.Finally, the paper is to discuss the social phenomenon of legal and moralrelations, moral law proposed two-dimensional system also aims to solve the socialphenomena, so have to come down to the events behind hidden solution, thereforethe author has given solutions in the last part of the article on the "bus seatincident".