论婚姻家庭法的道德基础

On Moral Foundations of Domestic Law of Marriage and Family

在婚姻家庭制度内,道德始终作为其"法后之法"。本文选取婚姻家庭道德的若干节点,通过通梳其嬗变而指明其道德的"惯行"基础,也即有效历史的内在结构可以判断每一当下的道德取舍合理性。从而得出结论:本土资源的矛盾运动为中国现代性语境下的家庭伦理提供了新的认知视点。

In the construction of domestic law of marriage and family, morality has been regarded as an invisible law for people to follow. By discussing about amination of their developments, this article has some important points of domestic moralities with a subsequent extried to demonstrate that it is the practice convention on which the moralities usually base. The inferior structure of effective history can make judgment of the reasonability of the access of moralities in each context of every ＂now＂, consequently concludes that new cognitive perspectives can be given in domestic moralities under context of modernity via a view of contradictory movements of native resources in China's Mainland.