On The Virtues Of Law Value

The relationship between morality and law is one of the basic issues of the philosophy of law. Whether the answer to it is yes or no, people always recognize that, the moralities in legal system are the minimalist ethics or the middle ethics in particular period. Lon L. Fuller divided it into morality of aspiration and morality of duty. This opinion is very popular by now, and has given us an erroneous direction in fact. However, a moral principle in law has two faces, it is not only morality but also law. We can't get clarity knowledge when we want to divide it. It is meaningless when law is abstracted from any general purposes.This article is according to the Marxism law philosophy idea, based on the criticism to the moralities in law of today's china, and give a new viewpoint: As the behavior standards of people, the law and the moralities should maintain the approximate uniformity, the moralities in law should be the positive good manner which is named virtue, it is not only the value of law, but also the head value of law. The essay divides into three chapters:Foreword: Directly present this article's research object-the morality of law in today's China, and pointed out the constitutionality in china today has become a ideology exclusive morality, the pursuit of better life forces people to launch philosophy criticism to it.First chapter: Introduction. First, from the practicality, the time, the practical significance three angles described the selected topic significance; next, introduced related reconsidering to the constitutionality and the present situation of the research on it; finally, described the way to research and the innovation spots.Second chapter: The critidsms to the morals in law are only "the minimalist ethics or the middle ethics". Separately from the logic, the entity, practices, philosophy basis four angles to launch the criticisms, thought that the law and the morality both as the person's behavior standards, they should maintain the approximate uniformity, and draws out the question that how to understand the status of the morality in law.Third chapter: Virtue is the head value of law. This is the critical chapter of this essay. It has three parts: First part: Concepts limitation and introduction. Introduced the content and the boundary of those concepts such as "value", "value of law", "structure system of the value of law", "head value of law", "morality" and "virtue", and established concepts system and the elaboration foundation of this essay.Second part: Virtue should be one kind of "value of law". Whether the virtue is one kind of "value of law", the key lies in: first, whether the virtue is one kind of man's basic value; second, if it is, then we should go on to ask whether it is produced by law or not, and the second issue includes two aspects, the one is law should be, and the other is law is able to.Third part: Virtue should become the head value of law. This is the further discussion of the fifth part. Virtue should become the head value of law because virtue may realize the functions what the head value of law should have: first, it can state the basical subjective wants of the subjects of law; second, it can unit the values of law; third, it can keep balance between the law and the moralities, make them support each other not repel; fourth, it can reflect the progress tendency of our time.Conclusion: Summarized and pointed out that, the substantive constitutionality is a direction which constitutionality will develop. The idea which neglected the morality in law will be completely corrected, the constitutionality will adjustment its value, and the status of morality in law will be strengthen greatly.