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Rational analysis of the legal environment , legal and moral relations

Author: ZhangWanBin
Tutor: XiongJiNing
School: China University of Political Science
Course: Legal Theory
Keywords: Legal definition Moral relationship Human reason Rational analysis The rule of law Enterprising spirit Empirical Cognitive attitude Evaluation capacity On human rights
CLC: D90-053
Type: Master's thesis
Year: 2005
Downloads: 153
Quote: 0
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Abstract


This article focuses on the relationship between the legal , moral , rational , and the rule of law, the four , and it will be legal in the beginning of the article is defined as the empirical era law , morality is defined as the the empirical era of moral . As primers , through the perspective of the different stages of development in human society, the relationship of law and ethics , warned that human reason as to examine the legal and moral authority in a society governed by the rule of law must be introduced in order to analyze the relationship between law and morality . Human reason is not only the knowledge of the system , and also the cognitive attitude and entrepreneurial spirit . The status of human reason from the pursuit of the spirit of the rule of law ; rational human cognitive abilities from the enterprising spirit of reason itself . Because the legal and moral judgment ability to transcend the prejudices of the times , and sometimes become conservative forces that impede social process , we should allow the legal and moral society based on the rule of law in respect for human rights to accept the scrutiny of human reason . A society governed by the rule of law , legal, moral and rational relationship will be clear . The article focuses argument should retain the legal status of the People's rational probability . This is not just an inevitable requirement for maintenance of human rights , the rule of law society objectively apparent pursuit of value . Because a society governed by the rule of law with respect to the rule of man society is the history of progress , so we should be to prevent the rule of law, we just realized human destruction . Us to explore the essence of the rule of law , we have a deep understanding of the underlying reasons to cherish and safeguard of human rights is the people to defend the rule of law . Finally, the establishment of their own theoretical system , the coordination of legal, moral and rational unified system of the rule of law environment , and further analysis of the relationship of the four , the solution to our original problem of blurred .

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CLC: > Political, legal > Legal > Theory of law (Law) > Law and other disciplines > Law Ethics
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