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Elementary Analysis On Moral Words In Legal Texts

Posted on:2017-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:X GaoFull Text:PDF
GTID:2296330488960220Subject:Law
Abstract/Summary:PDF Full Text Request
Legal texts regulate and guide people’s behavior as a law supporter, it is normative and operational. Moral words which contain multiple values in legal texts, it is needed to be questioned in law’s formal logic and regulation function. After gathering and concluding, this kind of situation which moral words into legal texts is quite common. Moral words in our country’s legal texts can be divided into four types: legislative intent, advocate and discipline, obligation regulation, comprehensive superposition. The legislative intent moral words in legal texts confuse the law’s intention and objective efficiency. A good law system can objectively help the people be morally good, but it doesn’t mean that the intention of country and law is to make the law purse morality and make people be good. The advocate and discipline moral words can be split into advocacy and virtue, which cannot solve reality moral problems, but also will harm the law’s authority and independence. So this kind of moral words should be removed. The obligation regulation moral words can be divided into common obligation regulation and professional ethic regulation. Neither of them can be directly be kept in the law texts, they both needed to be converted by law’s formality and technicality(Obviously itself can be converted by law’s formality and technicality),so that it’s form can meet the standard of law’s logical structure, making it can be enforced and operated as law’s part.
Keywords/Search Tags:legal texts, moral words, legitimacy, law’s formal rationalism, technical conversion
PDF Full Text Request
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