论法律对道德的支持及其限度

法律支持道德的依据在于,法律不仅具有合道德性,还有优于道德的独特品质。法律对道德的支持是通过法的制定和法的实施来实现的,这是一个道德法律化和法律道德化的过程。法律对道德的支持是有限度的,主要表现为:法律支持道德的范围的有限性;法律重在规范人的行为,而不直接规范人的思想;法律的过度介入会削弱道德,遏制道德的发展。在实践中,我们应发挥道德与法律的综合整治功能,避免法律对道德的包办。

On the Support of Law to Morality and the Limitation of the Support

That the law supports morality not only lies in that it has moral nature, but has its unique character that is better than morality. The support is realized through the making of the law and the implement of it, which is a course of the legalization of morality and moralization of the law. The support of the law to morality is limited, which mainly expresses as: the scope of the support. The law pays attention to the standard of man's behavior, but does not directly standardize his thought. The over intervention of the support will weaken morality and hold back its development. In the practice, we should develop the multi-governing function of the law and morality and avoid the law from doing all things.