Analysis On The Moral Legislation And Legal Morals

In the pluralistic era, with the development of diversified social ideologies, people’sunderstanding about morality and law are becoming diversified too. On one hand, socialtolerance are constantly increasing, on the other hand, people’s understanding of therelationship between morality and law become more and more complicated. Some believedthat law and morality have no connections.Without moral influence, law can be appliedindependently.Others believed that though they have connections to a certain extant, actuallylaw and morality have numerous contradictions. Facing the current situation of pluralisticsocial development, this paper attempts to explore the possible contribution of morallegalization by analyzing the relationship between morality and law. At present, manydomestic scholars have different opinions about moral legalization. During the special periodof transformation in China, it’s necessary for us to clarify the relationship between moralityand law. By understanding the meanings and its significance of moral legalization, it can let itplay a positive role in modern society. As far as I’m concerned, establishing a social value,which law and morality are both agreed is necessary. Based on this social common value, lawand morality can be interchanged by moral legalization. By promoting and applying it, we canalso achieve social consensus as social moral basis. Only when the legislative and judicial canreflect the moral connotation of law, the conscious law-abiding can be realized. To respect thecomplexity of the relationship between morality and law, we can not negate the morallegalization, and also can not ignore the negative aspects of using it. In nowadays, citizensmust have moral consensus and basic moral qualities. So the final purpose of morallegalization is to help China realize the purpose of governing the country by the rule of law.The thesis are composed in four parts:The first part, by analyzing the case to point out the influence on law caused by thecurrent diversified social ideology. And try to explain we are not only need to find moral andlegal consensus,but also have to re-understand the relationship between morality and law.The second part, through the summary of the theoretical research on the relationshipbetween moral and legal by the domestic aspects, we criticize the Positivism view by the judge Kelsen as the representative.And try to elaborate the relationship between the moralityand law by my own way. Based on this understand,we should recognize the moral legalizationcorrectly,objectively and comprehensively.The third part, by analyzing the moral legalization, this paper try to understand itsmeaning from a broad respects,and point out that it has positive and negative aspects at thesame time. Finally summarized the understand of moral legalization.The fourth part, I reiterated the significance of researching the moral legalization. and tryto illustrate that the moral legalization can not only meet the need of public’s moral emotionneeds,but also can enhance the law’s power. Finally, explained how to apply the morallegalization.