关于道德法律化的思考

Considerations on Ethic Legalization

道德法律化不仅具有内在依据,同时还具有形式和外在的依据及可能性。但并非所有道德都可以转化为法律。某种道德规范是否应该法律化,关键要看其对维护社会基本秩序和正常运行,以及发展地位和影响。法律固然重要,但它不能取代道德规范。因此,在进行道德法律化的过程中要防止泛法律主义,要准确把握道德法律化的限度及分寸。

Ethic legalization not only has internal basis but also has form and external basis as well as possibilities. However it not means that all kind of ethics can be transfered to law. The key of an ethics' legalization depends upon the ethics' rulling on the society in a good order and normal operation, as well as its position and impact in advance. Anyway law is important but cannot replace ethics. Therefore during the process of ethic legalization, we should control its limitation in order to avoide pan-legalization.