Virtue Jurisprudence As The Study Of Good Law And Good Governance

Good laws and good governance are the fundamental requirements for comprehensively advancing the rule of law and modernizing the country's governance system and capacity.The gentleman is called a gentleman by his virtue and virtue.The good law is called the good law by virtue and quality.In order to locate and analyze the good law within the theoretical framework of virtue jurisprudence,it is necessary to construct a kind of virtue jurisprudence with jurisprudence as the central theme,which is not a simple transplant of virtue ethics,but a virtue jurisprudence that elaborates,serves and promotes the good governance of good law.The so-called good law is not only the pursuit of the inherent moral quality of law from the perspective of analytical jurisprudence,but also the unity of the pursuit of the goal of treating individuals,society and nature well from the perspective of natural jurisprudence.At the same time,it is necessary to explore the excellent morality of good laws from the perspective of nations,not only as Montesquieu said: "the law should be tailored," good laws should reflect the national characteristics,but also need to stand in the perspective of the world,looking for the coincidence points and commonalities of the excellent qualities of various national laws.To discuss the virtue of law of socialism with Chinese characteristics is to combine the theory of virtue jurisprudence with the good law and good governance of our country.Law is the key to governance,and good law is the premise of good governance.To clarify the excellent qualities of good law in the context of China's modernization governance,the ultimate goal is to promote the realization of good governance in China with good law,and comprehensively promote the progress and optimization of the national governance system and governance capacity.As a discipline,the study of virtue jurisprudence rose in the twentieth century.Lawrence Solum applied virtue ethics to the field of jurisprudence and created virtue jurisprudence with disciplinary concept.The virtue jurisprudence of Solum's paradigm,from the virtue requirement of judicial personnel to the law-abiding requirement of the public,is the ethical regulation of social individuals.Wang Linghao,a Chinese scholar,inherits Solum's research on virtue jurisprudence and regards law as a means and way to make social individuals achieve their ideal personality.Based on the analysis of the above theories of virtue jurisprudence,it is more appropriate to study and discuss virtue jurisprudence in the process of building "China of jurisprudence".The research object of virtue jurisprudence is defined as law itself,trying to integrate the content of virtue ethics with the quality of law itself,that is,to integrate law itself into more virtue elements at the substantive and formal(procedural)levels of law,and to construct a more perfect system of legal rules and even a mode of operation of the rule of law.The academic innovation of the theory of virtue jurisprudence lies in transferring the concern of virtue ethics from the perspective of personal quality to that of law itself.The excellent quality of cultivation method requires not only the integration of the quality of law in a universal sense,but also the deep excavation of the virtues of law in our native resources.The academic contribution of the theory of virtue jurisprudence lies in providing legal support for promoting the model of good law and good governance in our country,which is in accordance with the objective requirements of legal value and rights-based theory.