从理性的角度探析道德和法的关系

A Rational Analysis on the Relationship of Moralities and Laws

There are different purposes in different types of rationality, such as between eastern rationality and western rationality, formal rationality and substantive rationality, value rationality and instrumental rationality. But they are united in a larger frame. On the basis of different types of rationality, there are different types of law and ethic. The substantive rationality causes substantive law and substantive ethic, and the formal rationality causes formal law and formal ethic. The conflict and coordination between law and ethic are because of the conflict and coordination of different types rationality .The conflict and coordination between form law and formal ethic are because of the conflict and coordination between instrumental rationality and value rationality. The conflict and coordination between formal law and substantive ethic are due to the conflict and coordination between formal rationality and substantive rationality.