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The Research About Ethic Values Of The Legislative Principle

Posted on:2013-10-14Degree:MasterType:Thesis
Country:ChinaCandidate:L WuFull Text:PDF
GTID:2246330392451006Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Law is a kind of practical rationality and behavior rule in human’s activity. While,purpose of legislation is to formulate good-law, at the same time, formation ofgood-law depends on scientific and rational legislative principles a certain extent.For a long time, in legislative practice, people ignore the importance of ethicalvalue impacting formation of good-law and rationality and scientificity. What’s more,effect of law-operation is not better, which affects seriously dignity and authority oflaw and is not of high attention in legislative action. Because the legislative ethics isin primary stage and is of few research achievement, in a sense,the analysis onlegislative ethic is a pioneering research subject.Author firstly give connotations of ethic and legislative principle and the necessityto draw ethics into legislative principle, after which, the ethic basis of legislativeprinciple is introduced. In this part, we find that rationality is bonding point betweenethic and legislative principle and the expressions of rationality show rationality, thepublic and subjective and objective consistency. What’s more, writer think that justiceand benefit are ethic’s value pursue of legislative principle. Lastly, the combinationprocess of legislative principle and ethic is of the dissimilation and attribution. Theformer includes that dissimilation of individual rationality to lawmaker’s will andhuman right to civil right. The latter includes that attribution of lawmaker’s will andcommon rationality and human right and civil right.
Keywords/Search Tags:Principles of Legislation, Consistency, Ethics, Rationality, Good Law
PDF Full Text Request
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