Legal And Moral Conflict

An open society should be rational and orderly above all,and a civilized society should be the one with strict code of ethics in marriage as well. As a first human moral, marriage moral is the stability of family and social, and love and marriage is the responsibility of the unification of the requirements of morality and expression.In a civilized society, in order to achieve the moral much better, laws provide a more powerful protection with marrige. Marriage is not only an ethical relationship, but also a kind of legal system.Regardless of the origin or its attributes, marriage should be both ethical and legitimate. However, when marriage being much free, and becoming a personal affair from the family and the community gradually, there are still so many immoral marriage which violets original purpose of the legislation, taking some uxorilocal marriage in Xiaoshan County for example. Giving up the responsibility, emotional, equality and happiness, marriage changes into means, humans have become tools and the law has become an excuse which makes the marriage legitmate."Any law is related with ethics well, no matter in theory or practice.It is proved that the validity depends on the extent of moral support." With the morality of marriage and family, laws provide a lot of protection principles with marriage.Law gives marriage freedom while it seems to undermine the marriage autonomy.Law make marriage attach more importance to huanman not property, while people seem to pay much attention to property. Law is intended to ensure happiness, while "happiness" seems to be a means.Originally law does not sensor "happiness" at all. Thus, lack of law and moral, the original purpose of law is abused justly. The inherent ethics of law requies marriage not only legitimate but also moral so that in keeping with the desire for a better life of mankind. However, "Law is not likely to compel a person to allow his talents to the best extent. To find a workable standard, law must shift its 'cousins', that is the moral obligation. " "Law which should not only be a moral guardian but also an opportunity to cultivate a new morality should contribute to moral in particular environment. If law can not properly formalized, it do not exist and moral will also be violated, in the end, that will damage moral and its own. "And exposition of such marriage in this paper, law is in a better safeguard of social ethics to protect marriage, but was finally fooled not only a moral but also the law itself."Law does not away from the ethical customs, and not lag behind too much. Automatically because the law will not be implemented. It must be initiated, maintained and guided the functioning of legal devices by a single person and it should encourage these people to take action and to determine their own course of action with more concret things than regulations." Therefore, marriage in which law and ethics is most closely and the conflict is also much more, needs find a suitable location and ruler to make legal and moral work together and in their own duties,and interactive integration advantages complementary. The author believes that the legal purpose can make law and morality be balanced, that is, should not only focus on the operational effectiveness of the law, but also attach importance to the role of an ideal of law."In the past, it is stressed the separation of the law and ethic, but now the relevance of the idea have been becoming the object of our concern. Law and ethics of such a very ancient question, again under the spotlight in the new appearance, requires a new reflections."Retrospectively, the conflict between law and moral being a topic immemorial, is due to the existence of any system which must seek basis from the inner feelings, and any system should be maintained that must also be explained with emotion. So, laws and morals are at the origin of humanity meet or containment,which also used by people who invented. Lack of emotion, responsibility, dignity, and happiness, marriage is back to "the law of nature" in the primitive society first. And to meet the community of the law and morality is ultimately obscure with human's uncertainty and ambiguity.In this paper, from the point of sociology of law,the author studys the relationship between morals and laws which is the fundamental issue in jurisprudence on some uxorilocal marriage in Xiaoshan County through field investigation. And based on the concept of legal purposes, that focuses on the conflict of law and moral reflecting in certain phenomena in such Wedding Customs.This paper is divided into three main parts. The first part, based on the controversies of the uxorilocal marriage in Xiaoshan County reported by the media, mainly analyze the problem of existence of the uxorilocal marriage, which is validity in form but immorality in nature. The author points out that this immorality of this marriage violates the fundamental implication of morals, which is the conflict between the freedom of marriage and morals, between the motives of marriage and morals.The author will examine various forms of tension between laws and morals under the domain of marriage in the historical perspective in the second part. Examining the history, the author notices that the tension between laws and morals have changed with the advanced of society, not jut occurring in a short period time.As to the uxorilocal marriage depicting in the paper, the author finds out society has added something new into the tension. In the third part, the paper will reveal why and how the dynamic balance of laws and morals can be achieved under the realistic domain of marriage. The marriage in civilized society should comply simultaneously with law and morals according to its origins and nature. Though this perfect state is difficult to achieved in realistic society, it is feasible to balance the tensions between law and morals, because the law and morals have the same origins and destination. Although the morals play more important role than law under domain of marriage, it does mean that law is useless in the issues of morals. The importance of purpose of law could balance laws and morals.Finally, in the conclusion part, the author argues that the tension between law and morals has exists for a long time, and the dual attributes of human itself destined to be the existence of conflict of law and morals. This phenomenon will be obviously under the domain of marriage where the morals play the critical role.