Beyond "Evil Law as Not Law" and "Evil Law as Law too":An ontological analysis of the relation between morality and law
LI Shou-chu
Abstract
LI Shou-chu
Abstract
The relation between morality and law is a tough question of jurisprudence,where no accepted conclusion has been reached so far.The natural law theory argues that there should be an inevitable relation between them and thatevil law is not law;however,the legal positivism suggests the opposite:evil law is also law.Both are all onesided.Actually,morality and law belong to the category of social norms.The common character is that they are both moral value of social behavior,that morality is the moral form of moral value,and that law is the legal form of moral value.The major difference is that law is protected by state power but morality is not.In fact,there should be a crossing area between them;that is,they both have similar and different rules,so the dilemma between the legal and the unreasonable,or between the reasonable and the illegal,is inevitable.In traditional,man-ruling country,neither of them has an authority,and the ruler has the final say.Nevertheless,in modern law-ruling country,law has the supreme status,and problems should be solved within the legal system.
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The relation between morality and law is a tough question of jurisprudence,where no accepted conclusion has been reached so far.The natural law theory argues that there should be an inevitable relation between them and thatevil law is not law;however,the legal positivism suggests the opposite:evil law is also law.Both are all onesided.Actually,morality and law belong to the category of social norms.The common character is that they are both moral value of social behavior,that morality is the moral form of moral value,and that law is the legal form of moral value.The major difference is that law is protected by state power but morality is not.In fact,there should be a crossing area between them;that is,they both have similar and different rules,so the dilemma between the legal and the unreasonable,or between the reasonable and the illegal,is inevitable.In traditional,man-ruling country,neither of them has an authority,and the ruler has the final say.Nevertheless,in modern law-ruling country,law has the supreme status,and problems should be solved within the legal system.
Key concepts: Law, Philosophy of law, Public law, Natural order, Morality, Civil law (Civil law), Municipal law, Private law