2010Journal of Beijing Normal UniversityRequires access

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

Open publisher page 0 citations

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.

About this research paper

What this paper is about

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.

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available 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.

Key concepts: Law, Philosophy of law, Public law, Natural order, Morality, Civil law (Civil law), Municipal law, Private law

Related papers

Back to paper searchBrowse research topicsOriginal source
Beyond "Evil Law as Not Law" and "Evil Law as Law too":An ontological analysis of the relation between morality and law — Research Paper | ScholarLens