waiting for China's rule of law and public morality of the Road

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Original Address: waiting for China's rule of law, public morals of the way the original: Ben Xu
waiting for China
law crime of public morality the way, shame, fear and the moral dilemma in China today (five of five)

Ben Xu


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Aristotle, mature to understand and study ethics, for children, it is important to develop moral habits, which is the suit. the moral habits of children is very important because only with moral habits of children can be easily in the future receive moral education. Aristotle also emphasized that morality is the result of thinking, only the use of reason, people can achieve a high state of virtue. But reason alone can not accomplish this improvement, moral thinking must have an appropriate social environment may , without a good set of good government and its laws, it is impossible to form such a social environment. Thus, Aristotle's concept, the political to the highest good for the purpose of fostering civic responsibility and political acts of noble natures, the role of government is to make good law, because only good laws will have good enlightenment on the role of national, and harsh punishment draconian will shape the moral low citizens. However, only good laws are not enough, we still need a good education, law to tell people how to do, education, tell them why.

to develop good citizens and good law morality, this is a disgrace in the traditional - fear and shame the red third way beyond the fear, but also in China today can help us out of the moral dilemmas of the road. It helps to form a kind of does not exclude the exclusion p>

basic ethical question is cultural links with descriptive observation study of human culture, but the historical and cultural point of view of Christianity, but not necessarily accurate and comprehensive. This is because, fundamentally speaking, sin is the What is the concept of moral thinking can be traced back to ancient Greece, in ancient times, the direct successor to the humanistic tradition of Roman law is the Roman (pax romana a high status, law higher than any individual, including the development of law, legislators, and this is the supreme law, not God made. ancient Greek city-states already have similar laws, but the Roman law that improved legal concepts and systems, and it never applied to the wide range, forming a kind of moral education on the role of all citizens, and referred to as formation in the modern Western concept of rule of law, including the rule of law in view of the Christian tradition.

Christian the impact of law is supreme, universal for all people, equality before the law, which became the Christian sense of moral and cultural cornerstone of the crime, but in Christian theology, this law the ultimate authority is God (God created each all of them are equal). Moreover, the Christian divine law more attention than the secular laws of the role of indoctrination rather than punishment, so with the moral guilt of the links will more closely.

in the formation of linked to Christianity and the rule of law, , small learning Greek, Latin and classical works, and later became a Roman lawyers, professors of public speeches and engaging in legal business, according to Christianity after the traders, founded the first Christian systematic theology, which would contain his laws and the justice were captured to Ireland for up to 6 years later after completing their studies in Athens, and taught rhetoric in the legal obligations. AD 370, the flow of a Brazilian lawyer Caesarea (Caesarea, now in Israel) was elected bishop. episcopal office, He used the law and rhetoric as a tool, written many theological books. Augustine is another representative, who was born in 354 AD, a Roman official of the home, in Carthage (Carthage) study for the purpose of legal debate rhetoric, rhetoric and law professor, who was trafficked to Christianity in AD 386 and became a priest in 391 and later became bishop, and there are many books on Christianity has significant implications for future generations. other legally theological or political background Home There are many who have served as the Archbishop of Milan, Ambrose (Ambrose, about 337-340 - 397), Calvin (John Calvin, 1509 - 1564), Antoine Arnault, France (Antoine Arnauld, 1612 -1694), the German Martin Luther (Martin Luther, 1483 - 1546). to the early American religious immigrants in Europe is to use the concept of moral theologians to establish their community. America's founding will be those who want to create is a combination of the Roman Republic and the Christian principles of right and wrong, called is not the form of and morality and the law of the organic links and regular interaction, of course, this does not mean that the two never agreed.

free citizens through their elected lawmakers to make the legal system, in such a system, help the formation of moral law, legal help determine the ethical, legal, thus becomes an expression of public morality. the law reflects a choice to enhance the value of the group, choose to protect the right to choose to pursue. in such a legislative system , the set is not the Government or mastering the law of the state power to a political party elected by the citizens but the citizens and legislators to represent them. to implement the law is not authoritarian rulers and their henchmen, but the elected administrative officials and independent legal professionals and civil jurors. ordinary citizens in the role of legislation and enforcement to ensure that the moral law and society need to contact people. the law in different ways helped shape the civil society, ethics, such as Wei Erqie (DD Welch ) says: Sometimes quietly through the rule of law and procedure, slowly, sometimes suddenly, through legislation to conduct open, but also in civil disobedience and revolution occurred. [1], insurrection or revolution did not occur because the government can not be in accordance with, or without the implementation of the law, but because the implementation of the Government's legal basis and is generally regarded as non-people in the law of justice.

50s of last century, when people also still remember the disaster of fascism when it was new, jurists Fuller (Lon L. Fuller) and Hart (HLA Hart) has been carried out between the Nazi Third Reich as an example of the legal debate, the debate is whether the exclusion of moral considerations circumstances determine what is law? that is, the law is truly immoral law? [2] the soup from the Middle Ages to the Age of Enlightenment Masiyakui that Blackstone (William Blackstone, 1723 - 1780), then to the 60s of last century in the civil rights movement Martin Luther King, have a clear answer to this question: the injustice of the law is not law. But from a practical point of view, injustice of the law, or the universal moral standards of right or wrong. forced the law, it is not telling people what goals to pursue, but just follow what is leadership, not to judge what is right and wrong, and who was just following orders. In China, this has been is to Officials for the division of the model, through the

in San cognitive system of culture, the saints of the status and functions of highly significant, irreplaceable. saints of God are exceedingly thorough manner, as long as into the power system, we should become the master of earth, of course St. provisions of the saints of cultural mechanisms of the people is a nurturing relationship that determines the attachment the people who can only be a saint and appurtenances. keep the people in the premise of the saints, and ordinary people from body to soul must be saints domination, the people do not have any initiative. Sage is the ideal ruler, they will conform to Heaven, the implementation of good policy, regardless of what the implementation of government strategy, the master of the sage of the public is perfectly justified. [3], anti-traditional Red revolution not only failed to shake, but a new form of strengthening the stressed the saints for the people raising the revolution, enlightenment relations; as the rule object to domination and control. Such people formed a servile, numbness, ignorance and blind obedience as a characteristic of the national character, also makes a free, rational individuals based on the rule of law and moral guilt can not be an effective ethics in China cultural factors.

in the reconstruction of public morality, treat them as free and rational subject, select one with the right or wrong based on moral culture of the road, it is itself a moral choice, but it is not just a moral choice, it depends on China's existing legal system, legal system and this in turn is part of the political system. National moral and political links with the people embodied in the quality of a country on the merits of public order, as the political philosopher Pangle said, in addition to human nature, nothing more profound than the impact of regime the order of the formation of a public life of the. [ ,],[to educate the citizens of habit. is conducive to good habits of civic law is good law, it must result in universal ethical values, Only in this way, legislators could only develop good habits by making the citizens to make them public individual moral . today's moral crisis of Chinese society, the final analysis, the order of public life crisis, not just the moral crisis of national and private individuals, in this case, from the political changes, including changes to the rule of law to conceive how the concept of moral hazard out of the possible is totally unrealistic.

[1] Quoted in D. Don Welch, ed., Law and Morality. Philadelphia: Fortress Press, 1987, p. 3.

[2] HLA Hart, , Law and Morality. Philadelphia: Fortress Press, 1987.

[3] Liu Zehua editor: >

[4] Thomas Pangle, Leo Strauss: An Introduction to His Thought and Intellectual Legacy. Baltimore, MD: The Johns Hopkins University Press, 2006, p. 94.