论伦理法律化的社会意义

Discussion on the Social Significance of “Ethical legalization”

伦理是约定俗成的、调整人与人之间关系的自律性规则;法律也是以人的行为为调整对象,其实质是体现统治阶级意志,由国家政权保障实施的强制性规则。伦理与法律关系极其密切,伦理是法律的重要来源之一,是法律建立的基础。但是,其"软法性"又决定了单靠伦理不足以维护社会秩序,故法律又是伦理实施的切实保障,因此"法律伦理化,伦理法律化"。

Ethics is the self-discipline rulewhich established by usage to adjust relationship between people. The law is also based on people＇s behavior as an adjustment object,of which essence isthe mandatory rulesimplemented byprotection under national government, and embodiment of the will of the ruling class. The relationship between ethics and law is extremely close. Ethics is the significant source of law, also the foundation of establishing law. However, the characteristic of ＂soft＂ in law decides that ethics alone is not enough to maintain social order. That is to say, law is the effectively protection of implementing ethics. Hence, the law is to be ethicized, the ethics is to be legalized.