Let the law and morality coexist together
November 29, 2023 14:30 Source: "China Social Sciences", November 29, 2023, Issue 2783 Author: Xie Xiaoyao

The relationship between law and morality has always been an important question that legal or legal philosophy must be taken seriously。The relationship between the two seems clear from the surface,The difference is mainly manifested in benefits、Following degree of relationship or behavior,Regulatory compulsory,The form of pressure to bear; its connection is mainly manifested in the specification content、Results Evaluation and other aspects。However, consider some specific problems,The relationship between the two is actually quite complicated。For example,How does morality and law affect each other? Is it usually illegal?。These problems have brought huge ideological challenges to scholars。For this,"Moral's Legal Compulsory: Principles and boundaries" (hereinafter referred to as "Legal Compulsory") is a masterpiece that is positive to challenge。The book has the following more prominent features。

  

"Moral Legal Compulsory: Principles and boundaries",Zheng Yu doubles,Business Press 2023 Edition

  

bet365 live casino games In political philosophy,The issue of "moral legal compulsory" question,People often quote the theory of classic politics to the theory of physicalism to analyze。Generally speaking,Politics is goodism.。For this,The Steven Wall -style mildly -permittoma -style classic discussions existing Joseph Raz -style and Steven Wall (Steven Wall)。The former prefers "autonomy",The latter focuses on value of value。But,Too paranoid one end may fall into the mud of value independentism or value nihilism。

Therefore,"Legal Compulsory" attempts to reshape the theory of hypotemicism in connotation and structure。In connotation,What kind of national protection and promotion of the country,Can't simply resort to experience in reasoning or solidification of experience facts,Instead, it should be adopted by the way to make a certificate。In structure,Divided political morality in political morality into a second -order structure: first -order is the composition of various objective value of personal well -being,Second order is rights、The institutional practice of the principles of freedom and fairness of political bet365 best casino games ethics。Innovation through this book,Politics to goodism glows with new vitality。

If politics is the promise of political philosophy in "Legal Empathy",So the mapping of this promise in law philosophy is common good。Based on John Finnis,,Common Goodness is the most basic and important aspect of the well -being of people,For example, knowledge、Life、Practical reasonable、Aesthetic and friendship,It is the basic basis and reasons for people to take action and choice。This book thinks,In the world of life,The reason why moral disputes are difficult to place,It is that people often keep different value stances。To solve these disputes properly,The value leading function of common goodness will be presented。

On the one hand,This book specifies the four types of common order: natural order,Logic、Order in the sense of methodology and epistemology,Existing order,Order created by artificial creation。Pursuit of common good practice is often accompanied by the construction of political system and legal system,This practice runs through the four order of social life。On the other hand,This book specifies the common good self -constraint。Bet365 app download Through the law, "guide people to participate in common good,and I am also constrained by practical rationality,Therefore, it has a unique second -order value such as the rule of law、Fairness and procedure justice, etc.。So,Common Goodness can give full play to cultural shaping、Maintenance of social order and other functions。

In addition to theoretical discussion,This book pays attention to specific legal practice。On the one hand,With the help of Yuan theory、Standardized theory recognizes the common good connotation of specific legal practice in terms of method。On the other hand,The specific content of the case in the case by the judicial referee enrich (or constructed),Unified the inherent value and composition value of common good in the practice of moral practice。

other,To avoid the theory of compulsory law, stay at the "metaphysical" level,"Law Compulsory" also selects some specific examples to discuss。such as,Combining suicide behavior、Discussing legalism of legalism such as seeing crisis,The connotation of public order and good customs for the existing phenomenon of the current existence,The legal intervention bet365 best casino games issues of cultural governance from the analogy of the heroic figures, etc.。Discussion above,Not only does the reader feel the complexity behind the case,and the theory of compulsory legal compulsory theory obtained a unified and diverse expression in the specific situation。

Although this book has a lot of highlights,But it also exists with a few points worth scrutiny。

First,What is the "morality" of legal intervention in morality? It focuses on the substantive level, such as common welfare、Good waiting,Or is it like the specific characteristics of morality? It is the "ideal morality" that people expect (ideal morality ",Or the public's "Positive"?

Second,This book uses the definition of Phoenness for common good connotation,That is, "common good" is the most basic among all good、The most fundamental。However, in practice,Does the judgment of people's moral judgment are limited to this most basic standard? if not,It must be understood by the common good work。The problem at this time is,What should be expanded according to what should be expanded,or will this expansion deviate from the original intention of Phoenness?

Last,Morality (Society) bet365 live casino games in the face of moral disputes or errors,The strategy adopted by "Legal Compulsory" is the active "intervention","Intervention" here includes legislation、Judicial Intervention。But,The situation of legal intervention in the modern moral world is very limited,Maintaining necessary restraint is the role positioning of the law。In fact,Legal and compulsory practice of guiding morality with common good value goals,and use direct or indirect technical methods to improve social morality,It is more able to make the functions of law and morality coexisting together than legal intervention、complement each other。

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Editor in charge: Cui Bohan
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