Research On The Theory And Practice Of Legislation Of Morals

As the two main social control methods, law and morals have always been paid great attention by western legal thinkers and jurists.In our contemporary society, there are some moral decline phenomenons. Some scholars put forwards "the legislation of morals" on theory, they advocate the use of legal measures to impose and implement morals;In practice, some of the morals have been assimilated by law. Combined with the relevant provisions in other countries and the hot topic in our country, this paper attempts to analyze the phenomenon of "the legislation of morals", to explore the causes of "the legislation of morals", meanwhile, to research the possibility of "the legislation of morals" and its legal limits. We hope to provide some kind of suggestions for our country’s better development.We begin the disscution with two popular moral issues happened in recent years. Based on the achievement that already made domestic and overseas,this paper devides four chapters. In the first chapter, we made a definition of "the legislation of morals", and we compared the differences between "the legislation of morals" and law enforcement. In the second chapter, we made jurisprudence analysis of "the legislation of morals".We consider that there are four reasons for the legislation of morals:the natural relationship between morals and law> the different qualities of morals and law、the common value pursuit,in addition, obligations establish a bond of law and morals. In chapter three, we analysised the significance and limits of moral legislation. In chapter four, we did the summary.In our opinion, the legislation of morals is a partially conversion from morals to law,but there is a limit to this process. The legislation of morals as a means to deal with the current moral dilemmas, it is not a perfect way, To settle the issue of moral dilemmas, We can not expect to depend on the legislation of morals totally. To rebuild a good social order, perhaps we will experience a longer process.