When a line segment rotates around one of its endpoints in the plane, the trajectory of its other endpoint is called a circle.
This is an academic paper about the circle that I compiled for everyone, for reference only! There is no academic paper about the circle, why is it a circle? [Abstract] Morality and law are like the center of a circle and a circle. Morality is the center of the circle, and law is the circle.
There is no circle without a center, and there is no circle without a center. That is, without morality, there is no law, and there is no law that is not supported by morality.
As the saying goes, the origin of law lies in morality, and the core value of law also lies in morality. In a sense, law is the state coercion of basic morality.
?At the same time, the goal of conscious compliance with the law is actually a kind of moral self-discipline.
[Keywords] Law; Morality; Moral support 1. The meaning of morality and law Law is a law that is based on rights and obligations, is general, is formulated or recognized by public authorities, and is backed by state coercion.
Legal procedures ensure the realization of social norms that constrain and adjust people's daily behaviors.
Morality is the sum of concepts, norms, principles and standards about good and evil, beauty and ugliness, justice and injustice, fairness and partiality, honesty and hypocrisy, honor and shame in people's thoughts and behaviors.
Morality is a social phenomenon that people are most familiar with. Everyone lives in various moral relationships everywhere.
It is the foundation of being a human being and one of the important standards for the progress of social civilization.
[1] 2. Briefly describe the similarities and differences between morality and law. Morality in the modern sense is about concepts and norms such as good and evil, beauty and ugliness, justice and injustice, impartiality and partiality, honesty and hypocrisy, honor and shame, etc. in people’s thoughts and behaviors.
The sum of principles and standards is one of the important criteria for building a harmonious society.
Regarding the connection between law and morality, the main thing is that they are consistent with each other in terms of essence, function, and content.
Therefore, it plays a direct and indirect role in building a harmonious society.
It plays a normative and guiding role in the market economy and political system reform.
3. Analysis on the moral support of law (1) The claims of the natural law school and the positive law school 1. The basic views of the natural law school on the relationship between law and morality The concept of natural law matured in the ancient Roman period, and its origins can be traced back to
Ancient Greece Homer era.
In modern times, Grotius was the first thinker to systematically discuss the issue of natural law. One of his theoretical contributions was that he separated jurisprudence from theology, freeing jurisprudence from the shackles of medieval theology and gaining an independent status.
, which laid the foundation for humanistic natural law theory.
His famous saying "If God does not exist, natural law will still exist" clarified the theological fog shrouding the issue of natural law and denied the theological legal concept that God's eternal law is higher than natural law.
[2] 2. The positive legal school’s basic understanding of law and morality Opposite to the natural law school is the positive legal school, which holds completely different views on this issue.
They question the inevitable connection between law and morality advocated by the natural law school, believing that this relationship is just an "illusion".
Positivist jurists advocate the distinction between "should" and "is" and believe that jurisprudence should be devoted to studying what the law actually is rather than what it should be.
When moral beliefs have collapsed, it is logical that positivist jurisprudence denies the inevitable connection between law and morality and opposes treating law as an appendage of morality.
[3] (2) The basic propositions of Chinese thinkers on the issue of moral support for law 1. Advocates of the rule of virtue and the claims of legalists An interesting situation is that the operation and argumentation of the rule of virtue are often based on the following two premises
Above: First, the instrumentalism of law and morality has the same essence in that it does not serve human purposes; second, law does not have moral value and attributes.
Historically, proponents of the rule of virtue advocated ruling the world by virtue, but did not advocate rule of law for the people. They believed that virtue was education and law was punishment, which was not conducive to peace and long-term stability. Although both families had their reasons, they opposed law and morality.
, is actually extreme.
2. The views of the rule of law thinkers and rulers in ancient my country emphasized the role of morality and etiquette as core rules in governing society, which is determined by the self-sufficient natural economic form.
The natural economy requires people to stick to the land. The combination of people and land and other real estate is the basic condition for creating wealth and people's survival. What the rulers expect is an orderly society, and they regard order as the pursuit of law and morality.
Primary goal.
This is highlighted in the fact that the Constitution clearly stipulates respect for social morality as a basic obligation of citizens, and the General Principles of Civil Law establishes the principle of public order and good customs as a basic principle of civil law.
[4] (3) The operation process of law requires moral support 1. The legislative process requires moral support. The legalization of morality is a common phenomenon in Chinese and Western legislative practice. Its essence is to transform some moral obligations into legal obligations and to transform moral principles into
legal principles.