"The State Encourages" In The Legal Text

The legitimacy of law concerns the realization of its substantive efficacy and itsstability and authority.“The state encourages” in the legal text is questioned for its validityboth in formal logic and in substance.“The state encourages” in the legal text can bedivided into two categories of moral guidance and policy-orientation. The background ofmodern government by law is exactly the premise of questioning the legitimacy of themorally-guiding “the state encourages”. The essence of morality is freedom, yet, themorality legislation tends to restrict the freedom with power. Ethical teaching may noteffectively solve moral dilemma in practice, let alone solve the legal issues. The stateencouraging the morality through legislation does not meet the requirement of neutralityprinciple in modern countries. The morality of law and the concrete morality pushed bylegal practices are two different things. The morality legislation lacks the legitimacy, andthe morally-guiding “the state encourages” ought not be included in the legislation.Policies can be absorbed into legislation, nevertheless, the policy-oriented “the stateencourages” lacks the complete and normative logic components. Regarding thepolicy-oriented “the state encourages”, relevant legal components should be perfected inthe specific design, and the overall arrangements should be taken into consideration. Thus,the harmony of legal system can be achieved.