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Paper代写:Moral evaluation of law

2018-06-14 | 来源:51due教员组 | 类别:Paper代写范文

本篇paper代写- Moral evaluation of law讨论了法律的道德评价。法律与道德紧密联系,在一定程度上促使了对法律进行道德评价的活动。无论是论述法律内在道德和外在道德还是最低限度的自然法,都试图揭示道德与法律的联系,但是并未清晰指出法律的最低道德性这一本质属性。法律不能离开伦理意义上的评价,这种评价和融合应当建立在一种性质清晰分界的前提之下才可能顺利进行。本篇paper代写51due代写平台整理,供大家参考阅读。

Moral evaluation,法律的道德评价,paper代写,代写,essay代写

The close connection between law and morality has promoted the moral evaluation of law to a certain extent. Discusses legal morals and external moral or minimum levels of natural law, tries to reveal the connection of morality and law, but did not clearly pointed out that the legal minimum morality of this nature. If the moral meaning of good is grafted into the legal system, it is easy to blur the different nuclear nature of law and morality and lead to the mistake of universal morality. The law cannot leave the evaluation in the ethical sense. Such evaluation and integration should be based on a clear demarcation of nature before it can be carried out smoothly.

In 1945, near the end of world war ii, a gestapo under Hitler was still desperately seeking to kill jews and protect germans. The situation is: through someone snitches, he learned that a German couple hid in the home a woman half jewish descent, has led several policemen to catch up, and when he arrived at the half jewish women are preparing to transfer, the couple are ready to move the country. At this point, they place the front door was closed and her husband said to escape from the back door, the gestapo molecular shooting their guns, her husband in a pool of blood, his wife and half jewish woman is escorted to the camp. A few days later, Germany announced its unconditional surrender and the wife was set free, but her husband's death left her devastated

In 1951, the Supreme Court of the federal republic of Germany began to try all kinds of cases related to war criminals to show justice. Encouraged by the government, the wife, like many others, went to court and charged the gestapo with manslaughter. In court, however, gestapo officials said they were on official duty and executing the law. He also noted that the German parliament in 1945 through the emergency decree, your the reason of the law, the law of homicide says: "every German fighters, for all kinds of the escaped prisoner, have the obligation to without trial or shot." He apologized to the wife of the dead man, but denied murder.

This is the epitome of the struggle between the "law of evil" and "law of evil" in the trial of Nazi crimes. The battle of the century still looks thrilling today. At conscience and evil in human history, is to continue without any resistance as crime rampant in the stage of history, or hold the sword cut off the evil root of justice to carry forward the good, described a lot of debate about the century, scholars involved in countless, even today is still a subject of jurisprudence continue to explore.

Antigone, the ancient Greek tragedy, said passionately to creon, who tried to rule under the laws of reality, "yes, I know. But this decree was not issued by the immortal god. And I know a law that is always in effect, now and in the past. Although no one knows where it came from, mortal beings cannot violate it, or it will cause the wrath of god. It was this divine decree that prevented me from letting my mother's son die in the wild. Antigone's story is really a let god beat people method metaphor of history and culture, on the one hand, a reminder of eternal things, on the other hand, suggest that in the law of "rules" in contrast is always present.

Roman Cicero said: "the real law is the right rules, it is in conformity with the nature, applicable to all the people, is a stable and lasting, summon responsibility, in order to prohibit the way to prevent crime, but it is not unnecessary for good pedestrian and prohibitions, for the bad guys to command or forbidden to be called. It is blasphemous to require such a law to be amended or repealed, and it is not permissible to restrict the functioning of one aspect of it, and it is impossible to abolish it completely. "Let us to demonstrate to begin from the supreme law, it is suitable for all ages, before any statutory, or more precisely, produced in any country before." This kind of natural law, which is enjoyed by classical naturalists, has become the essential reason or external morality of modern law. But this represents the best wishes and expectations of human nature from the beginning of the doctrine of other slams, that attempts to suitable for all ages and can determine the human nature? What's the content? These practical and crucial problems caused scholars of the natural law theory to turn to the revision of the classical natural law on the interpretation of natural law.

"As a 'cause for a purpose', law has its morality. There are two sides to the morality of law, that is, external morality and internal morality. The former refers to the physical purpose or ideal of law, such as the basic principles that human interaction and cooperation should follow, abstract justice, and so on. The latter is the formulation of related laws, explain and apply the procedural principle or rule of law principle, is governed by rules of human behavior career, made possible by the moral, which is the law of precondition can be absolutely must by law." Professor fuller's interpretation of legal morality is a criticism of the analytical positivist school of jurisprudence represented by Austin, kelson and hart in theory. For analysis of positivism by the "minimum levels of natural law" premise, professor fowler to criticize, and also for analytical positivism jurisprudence as well as other criticism jurisprudence to natural jurisprudence, professor fowler also gave considerable attention. Classical natural law school of natural law on an abstract level seems to be the ultimate ideal and all the most basic human conscience and sense of justice, but in the concrete and secular road, classical natural law is reluctant to refuse even to the trend, then do not define and blurred became a classical natural jurists mouth synonymous with "natural law". Professor fuller clearly realize this, since analytical positivism jurisprudence can't get rid of a bad law "also" moral dilemmas and to seek the minimum defending natural law to positive law, natural law school also should be toward greatness, with the modern legal discourse mode to build the new natural law system.

Professor fuller agreed that what he called natural law was never irrelevant to the world, but rather was closely related to the world, a secular choice of values. It concerns everyone's rights and obligations in the society, maintains the system operation of the legal system, and guides the construction of the legal system. The author thinks that the inner moral and external moral theory, the law itself value goal and empirical choice to be a very good fusion, also expressed clearly in a point of view: the law and moral is never separable.

Law is not a source of water. All the content of the legal system is the abstract promotion of the basic moral activities of human beings. It can even be said that without the formation of basic morality, it is impossible to establish norms and norms for the general adjustment of people's behavior in a certain region, and then to give them the enforcement force. However, this problem has not been solved so far, because it needs to be considered which part of morality is abstracted into law.

Legal positivism puts forward a basic formula, that is, two kinds of laws should be divided. The other is "ought to be such a law", also known as ideal law or just law. Legal positivism holds that law and morality are unrelated, or at least not necessarily related. "Austin pointed out that the existence of law is one thing, its merit is another; Whether it does so is one question, and whether it meets a hypothetical standard is another. A law that actually exists is a law. Although we happen to hate it, or think it's different from what we use in textbooks to say yes or no. Hart pointed out that bentham and Austin in emphasis will be placed on the points of these two kinds of law or law and morality, its meaning is not denied legal and moral influence each other in the development process, "they just to point out the following two points: first, in the absence of the constitution or the law, not only from the fact that the violation of ethical standards, as a rule is not the rule of law. Secondly, on the contrary, we should not consider a rule as a rule of law just from the fact that it is morally required. That is, separating the two laws helps us see two dangers: the possibility of melting law and power into people's notions of what law should be; The other is to replace existing law with morality as the ultimate measure of conduct. "Legal and moral this natural law school and analytical positivism jurisprudence school debate for a long time, hart is pointed out that any law by certain social group, the profound influence of the traditional morals, also will be affected by personal, more than popular moral level, the influence of the more liberal moral point of view, but not concluded that a legal system must meet certain moral and justice; Or a legal system must rely on the moral obligation to obey the law; Or the basis of the legal effect of a certain legal system must include certain moral or justice principles. So far, professor hart has put forward the viewpoint of minimum natural law, which is not only a revision of analytical positivist jurisprudence, but also represents the deficiency of analytical positivist jurisprudence in value.

But what is the difference between a "minimum natural law" and a natural law? If there is a minimum natural law, there is no doubt that there is a higher class of natural law, then what is the relationship between law and these ideas of natural law? If there is no so-called high class of natural law, the so-called minimum natural law on logic is won, and the minimum means of natural law is just a retort, and without any real significance.

Legal and moral relations have never been mutually exclusive, but mutually influential. The biggest deficiency of natural law is the lack of theoretical basis of reality. Why not find the bottom line of the law in the real world?

Morality is complex, even different. As an abstract science, law classifies the most basic and core moral requirements of society into the legal category. American scholar professor boden hammer there are wonderful: "in the moral system of this level, can distinguish between two types of requirements and principles of the basic requirements of the first category includes social ordering, they for effective performance of the agreement, coordinate the relationship between families, there may be some degree of loyalty of group, all belong to this kind of request. The second type of moral code includes principles that contribute greatly to the improvement of the quality of life and the enhancement of close ties between people. These principles demand much more of people than are considered necessary to maintain social life. The values of generosity, kindness, charity, and selflessness fall into the second category. In this regard, whether the two principles can be incorporated into the legal system without any restriction, the author believes that we should be cautious in order to avoid being misled by "pan-moralization".

It is undeniable that all seemingly logically perfect theories are too narrow and backward in the logical framework of solutions in the face of vast problem space.

By what standards can a law be declared evil and ruled out? The shocking nuremberg trials are long gone, and the crimes of the nazis are getting justice. When mankind invalidated the once crazy "democratic legislation", justice was promoted and crime was punished, but what remained was a huge and even terrible loophole. It may be a little alarmist that all ACTS of justice in this time and place may be declared evil laws then and there. But to what extent justice and human conscience are universal and universal is a major question worth pondering.

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