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Ethics without Morality, Morality without Ethics—Politics, Identity, Responsibility in Our Contemporary World  [PDF]
Emma Palese
Open Journal of Philosophy (OJPP) , 2013, DOI: 10.4236/ojpp.2013.33055
Abstract: Ethics without morality and morality without ethics are the characteristics of two distinct eras: modernity and post-modernity. The duty to obey the law is an ethical act, but not always moral. Morality in fact is something more: a principle of responsibility and an index of humanity. This paper aims to explain the historical relationship between morality, ethics and politics up to the present day. The erosion of the nation-state, global capitalism, bio-economy leads us to rethink the meaning of ethics, morality and politics. A utilitarian ethics and a necessary morality may be the new frontiers of our contemporary world.
Natural Rights, Morality, and the Law  [PDF]
Drum Peter
Beijing Law Review (BLR) , 2011, DOI: 10.4236/blr.2011.21004
Abstract: It is argued that despite attempts to discount the importance of natural rights for morality, they are fundamental to it; therefore, so too are natural rights to the legitimacy of the law.
Axel Honneth: The law of freedom – Institutionalization of freedom in modern societies - A reconstruction and some remarks  [cached]
Jacob Dahl Rendtorff
Nordicum-Mediterraneum , 2012,
Abstract: This paper reconstructs the argument of Axel Honneth's recent book Das Recht der Freiheit as a theory of the institutionalization of freedom in modern society. In particular, it looks at Honneth's argument for the realization of freedom in law and morality that is proposed as a contemporary re-interpretation of Hegel's Philosophy of Right. Then I discuss Honneth's argument for the reality of freedom in the ethical spheres of civil society, in particular in the family, the market and in democracy. Finally, the paper proposes some critical remarks to Honneth's theory.
Durkheim''''s View on the Moral Spirit of Law
迪尔凯姆论法律的道德精神

HOU Jun-sheng,LIU Xiao-mei,
侯钧生
,刘晓梅

浙江大学学报(人文社会科学版) , 2004,
Abstract: The relation of law and morality has been a point of joint concern for jurisprudence, the philosophy of law and the sociology of law. It is also the focal point of the thoughts of Durkheim on the sociology of law. For Durkheim, the analysis of legal doctrines provides a route towards an understanding of social cohesion. Society is, for Durkheim, a moral phenomenon. Social cohesion depends on the moral commitment to collective welfare. Law is the visible ' index' of this invisible moral milieu, different forms of law expressing different kinds of social cohesion. Thus, penal or repressive law expresses and guarantees what he calls mechanical solidarity. What Durkheim calls restitutive or co-operative law (typified by contract law in its modern Western forms) concerns not primarily with punishment but with compensation or restoration of the status between parties in conflict. It reflects and guarantees a different kind of social cohesion which Durkheim terms organic solidarity. For Durkheim, law and morality are inseparable. With no moral commitment to support it, law is not a part of the society but mere words written on official papers-barren and socially irrelevant. Moreover, changes in social morality would set off the evolution of law. Durkheim' s primary contribution to the analysis of law as an integrated mechanism in society lies in his attempt to reconcile the apparent absence of universally shared values (tthe collective conscious) as the basis of cohesion in modern societies with the belief that society is a cohesive system of moral regulation and that law is, in contemporary secular societies, the primary expression and support of this moral system. In judicial practice, there are cases which reflect the conflicts between law and social morality in China. For example, there are several similar judgments from Shenzhen, Shenyang, Shanghai in which pedestrian collided with vehicles and the drivers had no responsibility if it was the others' fault. Another example is Liu Haiyang, a student of Tsinghua University, who splashed sulphur acid at the bears in Beijing Zoo in 2002. With no penalty provision to punish him, the court finally acquitted him of the crime. The view of Durkheim helps us understand the relation between law and morality, and transform the contradictive aspect of the judicial practice in China.
Morality in Africa: Yesterday and today The reasons for the contemporary crisis  [cached]
B.J. van der Walt
In die Skriflig , 2003, DOI: 10.4102/ids.v37i1.458
Abstract: We are experiencing the results of moral decline in South Africa and on the continent at large daily. Academics are also worried by this “moral vacuum”. It seems as if something important has disappeared and nothing good has replaced it. This article will, by way of introduction, mention some of the moral virtues of traditional Africa. They reveal a stark contrast with contemporary “morality”. The main emphasis will be on the possible reasons for the present moral decline, because knowledge about the causes may assist us in our search for solutions. By quoting extensively from African authors on the topic the article provides an in-depth look at the following reasons for the moral crisis: (1) some general characteristics of traditional morality, (2) inherent weaknesses in traditional morality and (3) different external influences. The article concludes with a few ideas of how the challenge of the moral crisis can be met from a Christian perspective.
论哈贝马斯的法律与道德互补关系理论
On Habermas’ theory of complementary relationship between law and morality
 [PDF]

刘光斌
- , 2017, DOI: 1672-3104(2017)05-0001-06
Abstract: 摘 要: 哈贝马斯对法律与道德的关系问题进行了探讨,他从社会学理论视角指出随着生活世界合理化,法律和道德从生活世界中分化出来,提出了重新探讨法律与道德关系的现实依据。他从法哲学视角指出自然法主张法律建立在道德基础上,实证法坚持法律与道德的中立关系,两者都片面理解了法律与道德的关系;他从商谈理论视角指出法律从功能上补充了道德的不足,道德为法律合法性提供了理由,明确指出了法律与道德之间的互补关系。哈贝马斯为我们理解法律和道德的关系提供了一种商谈论证思路。
Abstract: Habermas explored the relationship between law and morality, pointing out from the view of sociology that, with the rationalization of the real world from which law and morality derived, the relationship between law and morality needs to be reconsidered. He argued from the perspective of natural law that law is based on the morality, that empirical law in a neutral relation between law and morality and that both views misunderstood the relation between law and morality. He started from discourse theory, and pointed out that law made up for the defects of morality in its functions and that morality provided legitimacy for law, thus clarifying the complementary relationship between law and morality. Habermas's theory of complementary relationship between law and morality enriches the resources of legal philosophy
Morality, care, and international law  [cached]
Virginia Held
Ethics & Global Politics , 2011, DOI: 10.3402/egp.v4i3.8405
Abstract: Whether we should respect international law is in dispute. In the United States, international law is dismissed by the left as merely promoting the interests of powerful states. It is attacked by the right as irrelevant and an interference with the interests and mission of the United States. And it follows from the arguments of many liberals that in the absence of world government the world is in a Hobbesian state of nature and international law inapplicable. This article reviews the thinking of Kant, Locke, and Rawls, among others and shows how arguments against respect for international law can be answered. It questions arguments based on the analogy between states and individuals, and between international law as it has developed and law based on an ideal social contract between individuals. It then turns to the ethics of care, a recent addition to moral theory, and examines its major characteristics and recommendations. It considers how the ethics of care would view international law and the guidance this moral approach could provide for international relations. The article shows how the ethics of care is compatible with various current trends, and how thinking about globalization and greater international interdependence would benefit from greater attention to it. The article argues that the ethics of care would clearly support respect for international law as it has developed, but that it would even more strongly support addressing current problems in ways that would, in the longer term, make appeals to law and its enforcements ever less necessary.
Kantian turn in the contemporary philosophy of science
Sin?eli? Svetozar
Theoria, Beograd , 2010, DOI: 10.2298/theo1003005s
Abstract: The aim of this paper is twofold. First, to answer the question is it possible to speak about some kind of Kantian turn in the transition from the traditional philosophy of science to the contemporary one. Second, and more important, to describe the main points of the new philosophy of science just through the discussion of above question. The author is of the opinion that it is possible to speak about Kantian turn in the new philosophy of science (the philosophy which underlines the role of an a priori and conventional conceptual framework), but he also indicates certain important differences between Kantian original position and the new philosophy of science.
From the traditional philosophy of science towards the contemporary philosophy of science  [PDF]
Sin?eli? Svetozar
Theoria, Beograd , 2009, DOI: 10.2298/theo0902005s
Abstract: The aim of this paper is to present the character and reason of the drastic change in the understanding of science that happened in the twentieth century. To do this, author describes the main points of the traditional philosophy of science: then, he argues that reason of the revolution in the philosophy of science used to be the careful philosophical analysis of the great scientific revolutions from 1905. Finally, he concludes that the consequence of mentioned analysis was a number of antagonistic views being the contemporary philosophy of science. To give a monolitic and integral presentment of this philosophy, author enumerated and explained the points shared by the majority of contemporary philosophers of science. In brief, he describes the traditional philosophy of science, the reasons of its fall, and the main tenets of the contemporary philosophy of science.
当代公德与私德的抵牾与和谐
The Contemporary Conflict and Harmony of Public Morality and Private Morality
 [PDF]

于建东
- , 2015,
Abstract: 当代我国私德与公德的矛盾可谓是暴露疑,一方面,一部分人为了追逐私利,私德败坏,破坏公共利益与社会秩序,侵蚀公共道德与社会风气。另一方面,国家道德代替公共道德,在全社会倡导高层次的“毫不利己,专门利人”,侵害个体权益与私德。因此,当代中国公德与私德和谐关系的建构对于我们推动社会发展,建构和谐社会具有重要意义。
Contemporary conflicts between private morality and public morality is thoroughly exposed. On the one hand, some people’s private morality is corrupted,destructing public interests and social order, and eroding public morality and social values in order to pursue personal interests. On the other hand, national morality instead of public morality proposes high-level “without self-interest” in the whole society against individual rights and private morality. Therefore,the study on constructing harmonious relationship between public morality and private morality in contemporary China is of great significance for us to promote social development and build a harmonious society.
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