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The Conflict And Adjustment Of Morality And Law In China During The Period Of Social Transformation

Posted on:2017-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:N CaiFull Text:PDF
GTID:2356330512967338Subject:Legal theory
Abstract/Summary:PDF Full Text Request
To adjust people's behavior and maintain the social order of morality and law are two important social norms,it has a great effect on the human society.Morality as the evaluation standard of good and evil,to adjust people's behavior by the public's opinions?habits and customs,as well as internal beliefs and maintain the social public order.Law in the state's mandatory,to ensure that the legitimacy of the people's behavior,in order to ensure the orderly nature of society.The laws guarantee the legitimacy of the behavior of people in the state and ensure the social order.The relationship between law and morality is an old but often new topic.Inthe period of social transformation,the conflict between morality and law has become more and more prominent in practice.If the conflict is not resolved,it will lead tomore serious social problems.In recent years,people have put forward the social phenomenon of "reasonable and illegal","legitimate and unreasonable" as "Lawful evil" and "Illegal acts of kindness ",in fact,it is the conflict between law and morality and the internal contradiction between the two different social norms.The emergence of these phenomena is the moral and legal conflicts in this period.Morality and law are two important regulating mechanisms in the human social norms.In some cases,moral norms and legal regulation can reach the same effect,play their functions,and jointly regulate our social order,showing the progress of human society.But in more cases,they use of different methods and means in their respective fields of social relations in a variety of adjustments.Because some social relations are belong to the common norms of morality and law.Therefore,when they pursue the difference of value goal,it is certainly appear conflict in the process of adjustment.The contradiction between morality and law is actually from two kinds of different cultural characteristics,the value is the main reason of the inner conflicts.Law and morality are indispensable in social adjustment,their complement each other,mutual penetration and mutual cooperation,mutual promotion and complementary role play under certain conditions.But people tend to see only one aspect of the moral and legal is coordination side,the research about the conflict and how to adjust is not much.When there is a conflict between morality and law,the judge can only take the lawas the criterion.People can judge the quality of the law and the right of the judgment according to the moral standard.Generally speaking,the establishment of legal system is based on analysis of science based;the pursuit of legal is the interests of most people.Its affected by specific class,however,law is not just blindly to the pursuit of the interests and needs of the majority of people;and social morality is social people's self initiated a social norms.Law and morality are like two gears which are connected together,only they complement each other,and the effect of complement each other, in order to provide a favorable guarantee for the stable development of society.But with the development of social progress,the contradiction between law and morality is gradually revealed.In social reality,the conflict and contradiction between law and morality is a real problem.Therefore,it is the objective requirement of the socialist core values to adjust the conflict effectively and promote the integration of the two.In the social transition period,how to adjust the moral and legal conflicts.The analysis different criteria of morality and legal Research the related literatureand research related cases.Contact the actual situation,to seeking the moral and legal as adjusting human society in same way to complement each other,to be better services for human society.
Keywords/Search Tags:law, morality, conflict, lawful evil, illegal acts of kindness, adjustment
PDF Full Text Request
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