道德与法律的双向价值阐释

On the Illumination of the Reciprocal Values between Morality and Law

道德与法律并不是互不相涉的。从价值哲学角度看,法律对道德的价值表现在法律有助于道德规范、道德目标的认识、把握和落实,强化人们对道德的遵守;有助于人的德性养成;其对恶的惩治也就是对道德正气的弘扬,从而有助于形成良好的社会风尚。而道德则是法律的前提和基础,它也有助于降低法律实施的交易成本;有助于法律的先进性程度的提高。

Morality has the close relationship with law, and from the view of Ethics, the value of law to morality is about that law is helpful to know, take in mind and enforce the discipline, destination of morality and to make citizens under the control of law, and to make people polite which can create the good situation of society by desperate good from bad. Morality is the basis of law, which can low the cost of trade enforced by law and improve the advance of law.